Revocation of Designation of National Land - Block 3 Section 23, Parkes

Overview

The Australian Capital Territory (Planning and Land Management) Act 1988, enacted to establish a comprehensive framework for the planning and management of land in the Australian Capital Territory, addresses the need for effective regulation and management of land within the territory. This Act provides the legislative foundation for the planning and development processes, ensuring that land use aligns with the broader objectives of the region, including the preservation of Canberra as the national capital. The National Land Ordinance 1989 further complements this Act by detailing the management and control of land designated as national land, reinforcing the importance of these lands for national purposes. The revocation of the designation of a specific block of national land as outlined in this legislation signifies a strategic adjustment in land management, reflecting evolving needs and priorities. The Minister for Local Government and Territories, Fiona Nash, exercised her authority under the Act and the Ordinance to revoke the designation, effectively ending the requirement for this land to serve special purposes for Canberra as the National Capital, and withdrawing the National Capital Authority's management approval for the land. This action, formalised through the publication in the Commonwealth of Australia Gazette, aims to align land use with current and future needs, facilitating more versatile land management within the territory.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988 and the National Land Ordinance 1989 provide the legislative framework for managing national land in the Australian Capital Territory. Under these acts, the Minister for Local Government and Territories has the authority to designate and manage land for specific purposes, including its use as the national capital, Canberra. The revocation of the designation of a specific block of national land, as evidenced by the instrument published in the Commonwealth of Australia Gazette, signifies that the land identified in the Schedule, specifically Block 3 Section 23 Division of PARKES on Deposited Plan 11489, is no longer considered necessary for the special purposes of Canberra as the national capital. This revocation also terminates the approval for the National Capital Authority to manage the land on behalf of the Commonwealth. The geographic reach of this Act is confined to the Australian Capital Territory, impacting the administration and management of national land within this jurisdiction. The revocation affects entities or individuals who previously held rights or responsibilities over the specified land, ensuring that the land is no longer subject to the special provisions outlined in the relevant acts. This revocation is effective from the date of publication in the Gazette.

Key Provisions

The main operative sections of the Australian Capital Territory (Planning and Land Management) Act 1988, as applied to the National Land Ordinance 1989, concern the revocation of the designation of national land required for the special purposes of Canberra as the National Capital. Section 6(g) of the Act empowers the Minister for Local Government and Territories to revoke the designation of such land, and section 4(1) of the Ordinance allows for the revocation of the approval for the National Capital Authority to manage the land in question (sections 6(g) and 4(1)). This revocation applies to the specific block of National Land identified in the Schedule, which is Block 3 Section 23 Division of PARKES on Deposited Plan 11489 (Schedule). The Act imposes obligations on the parties involved, primarily the Minister for Local Government and Territories, who must follow the legal process to revoke the designation and approval for managing the specified national land. The National Capital Authority, which previously had the responsibility for managing the land, must comply with the revocation and cease any management activities on the land with effect from the date of publication in the Commonwealth of Australia Gazette. The land, now no longer designated for special purposes, is released from its prior restrictions and obligations under the Act and the Ordinance. In terms of consequences for breach, the Act does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance with the revocation. However, failing to adhere to the revocation as specified could potentially lead to legal disputes or actions, given that the land is no longer subject to the special provisions for Canberra. The primary consequence is the removal of the National Capital Authority’s management rights and responsibilities over the land, ensuring it is no longer used for the purposes of the National Capital. This revocation is effective from the date of publication in the Gazette, providing clear and immediate effect to the change in land status.