Revocation of Declaration of National Land - Majura

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988, enacted by the Parliament of Australia, aims to provide a comprehensive framework for the planning and management of land within the Australian Capital Territory. This Act was introduced to address the need for effective regulation of land use and development in the territory, ensuring that such activities are carried out in a manner that balances urban growth with environmental protection and community needs. In 2015, a revocation of certain declarations of National Land was issued by Michael McCormack, the Parliamentary Secretary to the Minister for Finance, pursuant to the provisions of this Act and the Acts Interpretation Act 1901. The revocation, detailed in the Commonwealth of Australian Gazette No. GN 76, relates specifically to a block of land in the Majura Pialligo area, delineating the parcels involved through a provided map and schedule, which are accessible via the ACT Government’s web mapping service and the Digital Cadastral Database. This action was taken to refine the boundaries of land subject to the Act, ensuring clarity and precision in the application of planning and land management regulations within the territory.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988 applies to the management of land within the Australian Capital Territory (ACT) and includes provisions for the declaration and revocation of National Land. The revocation of the declaration of National Land pursuant to Section 27(1) of this Act, as exercised by MICHAEL McCORMACK, the Parliamentary Secretary to the Minister for Finance, pertains specifically to the land identified in the attached map and described in the Schedule. The revocation affects a specific block and section in the Majura Pialligo district, as delineated in the Gazette notice and detailed in the accompanying map, which can be accessed through the ACT Government’s web mapping service. This legislative action does not extend beyond the specified geographic boundaries and only impacts the particular parcel of land listed in the Schedule. The revocation does not include any other land or areas outside the parameters set out in the Gazette notice and the Schedule.

Key Provisions

The main operative sections of the document revolve around the revocation of certain declarations of National Land made under the Australian Capital Territory (Planning and Land Management) Act 1988. This revocation is executed pursuant to subsection 27(1) of the Act and is also guided by subsection 33(3) of the Acts Interpretation Act 1901. Specifically, Michael McCormack, as the Parliamentary Secretary to the Minister for Finance, revokes the declarations of National Land that were previously published in the Commonwealth of Australian Gazette No. GN 76, dated 2 March 1989. This revocation pertains to a specific block of land, detailed in the Schedule and identified on an attached map, which shows the hatched area in question. The land in focus is located in Majura, within Pialligo District Division, Block 5, Section 12. For precise details, one can refer to the Digital Cadastral Database maintained by the Office of the Surveyor-General, Environment and Planning Directorate, ACT Government. The Act imposes several obligations and requirements on the relevant parties involved. Firstly, it mandates that the Parliamentary Secretary to the Minister for Finance, in this case, Michael McCormack, must formally revoke the declarations of National Land through a gazetted notice. This process must be transparent and well-documented, ensuring that all stakeholders are informed of the changes. The land's status and any associated rights or obligations are subsequently altered to reflect this revocation. Additionally, the document references the importance of using the Digital Cadastral Database to accurately identify and describe the parcel of land in question. This ensures that there is no ambiguity or confusion regarding which specific land is affected by the revocation. In terms of potential consequences, while the document itself does not explicitly outline offences or penalties for breaches, the revocation of National Land declarations could have significant implications. Generally, under the Australian Capital Territory (Planning and Land Management) Act 1988, any failure to comply with the provisions of the Act could lead to enforcement actions. These actions might include fines, legal proceedings, or other regulatory measures imposed by the relevant authorities. The maximum penalties for breaches of such provisions are not specified in the document but would typically be detailed within the Act itself or in subsidiary legislation. The revocation of National Land declarations can also affect land use, development rights, and ownership, potentially leading to disputes that would need to be resolved through legal channels.