Revocation of Declaration of National Land - Bonshaw

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988 was enacted to address the need for effective planning and management of land within the Australian Capital Territory. This legislation was introduced by the Parliament of Australia to establish a comprehensive framework for land use, development, and environmental protection in the Territory. The Act aimed to ensure that land is used in a manner that is sustainable, orderly, and in the public interest. The revocation of declarations of National Land under this Act, as evidenced by the gazette C2015G01570 dated 17 September 2015, is a specific instance where the Australian Government exercised its authority to adjust the boundaries and definitions of land classified under national jurisdiction. This action was taken to rectify any discrepancies or to better align the land management practices with current needs and objectives, reflecting the policy aim to maintain efficient and effective land governance in the Territory.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the planning and management of land within the Australian Capital Territory (ACT). This Act governs the activities and responsibilities of various persons and entities involved in the planning and land management processes within the ACT. It encompasses the declaration and revocation of land as National Land, which is land designated for specific purposes such as public infrastructure, conservation, or other public use. The Act's application extends to the geographic area of the Australian Capital Territory, thereby affecting all land parcels and entities within this jurisdiction. The revocation of declarations of National Land, as described in the gazetted notice, impacts the specified blocks and sections of land, as listed in the attached map and detailed in the Schedule of the notice. The Act provides the framework for managing and altering land designations through its legislative provisions, with the ability to create and revoke National Land designations through subordinate instruments, ensuring flexibility in land management practices within the ACT.

Key Provisions

The Australian Capital Territory (Planning and Land Management) Act 1988, as amended, includes a mechanism for revoking declarations of National Land. This is specified in Section 27(1) of the Act, which allows for the revocation of such declarations through a notice published in the Commonwealth of Australia Gazette. The revocation of these declarations is governed by the provisions of the Acts Interpretation Act 1901, particularly Section 33(3). In this context, the revocation is executed by MICHAEL McCORMACK, the Parliamentary Secretary to the Minister for Finance, who has issued a notice in Gazette No. GN 76, dated 2 March 1989, affecting specific land parcels in Jerrabomberra. The Act imposes specific obligations on the parties involved, particularly those who have interests in the land that is subject to the revocation of the National Land declaration. These parties must ensure that they are aware of the Gazette notice and the legal changes it brings about. The land parcels in question are identified in the attached map and schedule, and the relevant blocks, sections, and district divisions are clearly outlined. The map source is indicated as the Deposited Plans (DPs) registered with the ACT Registrar-General’s Office, which can be accessed through the ACT Government’s web mapping service (ACTMAPi). The Digital Cadastral Database, maintained by the Office of the Surveyor-General, Environment and Planning Directorate, ACT Government, provides detailed data for each parcel. Failure to comply with the provisions of the Act can result in various legal consequences. While specific offences, penalties, or consequences are not detailed in this revocation notice, breaches of planning and land management legislation can typically result in fines, legal actions, or other administrative penalties. The maximum penalties would depend on the specific nature of the breach and the provisions of the broader planning and land management framework within which this revocation operates. It is essential for all stakeholders to adhere to the legal requirements set out by the Act to avoid any adverse consequences.