AUSTRALIAN CAPITAL TERRITORY (PLANNING AND LAND MANAGEMENT) REGULATIONS 2021 (F2021L01831) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN CAPITAL TERRITORY (PLANNING AND LAND MANAGEMENT) REGULATIONS 2021 (F2021L01831)

EXPLANATORY STATEMENT

Issued by the authority of the Assistant Minister for Regional Development and Territories, Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

Australian Capital Territory (Planning and Land Management) Act 1988

Australian Capital Territory (Planning and Land Management) Regulations 2021

Authority

The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) provides for the planning of the Australian Capital Territory and the management of land in that Territory. Subsection 53(1) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 53(2) of the Act provides that the Governor-General may make regulations that provide for the charging and recovery of fees in relation to proposals submitted to the National Capital Authority under this Act, and the remission, refund or waiver of those fees, or the exemption of persons from payment of those fees.

The Australian Capital Territory (Planning and Land Management) Regulations 2021 (the Regulations) are made under subsection 53(2) the Act.

Purpose and operation

The Regulations replace the Australian Capital Territory (Planning and Land Management) Regulations which are due to sunset on 1 April 2022. The Regulations have been amended to remove provisions which are no longer required and update the Schedule of fees payable in relation to proposals submitted to the Authority for approval. The fee amounts have been updated in accordance with the indexation provisions in the Regulations.

Consultation

The National Capital Authority and ACT Government were consulted about the amendments to the Regulations.

Other

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

The Regulations commence the day after registration on the Federal Register of Legislation.

Details of the Regulations are set out in the Attachment.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Australian Capital Territory (Planning and Land Management) Regulations 2021

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Regulations

Purpose and operation

Human rights implications

The Regulations do not engage any of the applicable rights or freedoms.

Conclusion

The Regulations are compatible with human rights as they do not raise any human rights issues.

Assistant Minister for Regional Development and Territories,

Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

The Hon Nola Marino MP

ATTACHMENT—NOTES ON CLAUSES

This attachment explains the operation of individual provisions in the Australian Capital Territory (Planning and Land Management) Regulations 2021.

Part 1--Preliminary

Section 1 - Name

Section 1 provides that the name of the Regulations is the Australian Capital Territory (Planning and Land Management) Regulations 2021 (the Regulations).

Section 2 - Commencement

This section provides for the Regulations commence the day after registration on the Federal Register of Legislation.

Section 3 - Authority

Section 3 provides that the Regulations are made under the Australian Capital Territory (Planning and Land Management) Act 1988 (the Act).

Section 4 - Schedules

This section provides that each instrument that is specified in a Schedule to the Regulations is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.

Section 5 - Definitions

Section 5 sets out the definitions of key terms used in this instrument including Act, indexation day and indexation factor.

Part 2--Maximum terms of estates in Territory Land

Section 6 - Maximum terms of estates in Territory Land

Section 6 provides that for the purposes of subsection 29(3) of the Act, the term of an estate granted in Territory Land must not exceed 999 years if, immediately before that grant, all or part of the Territory Land was the subject of a perpetual lease or a lease for a term of 999 years.

Subsection 29(3) of the Act provides that the term of an estate in Territory Land granted on or after Self-Government day shall not exceed 999 years or such longer period as is prescribed, but the estate may be renewed.

The note explains that leases are generally granted for tertiary education or religious purposes.

Part 3--Fees payable in relation to proposals submitted to the Authority for approval

Section 7--Purpose of this Part

Section 7 sets out the purpose of Part 3 of the Regulations which is to provide for the charging of fees in relation to proposals submitted to the Authority for approval. Authority is defined in the Act and means the National Capital Authority.

Section 8--Fees for services provided by the Authority

Subsection 8(1) provides for the Authority to charge the fees set out in column 2 in the table for the services set out in column 1. The services include consideration of a proposal submitted to the Authority to approve works in a Designated Area and consideration of a proposal submitted to the Authority to approve signs in a Designated Area. Designated Area is defined in the Act and means an area of land specified in the National Capital Plan prepared by the Authority.

Subsection 8(2) provides for the Authority to charge an additional fee for the provision of a service in the table where the Authority has been required to pay an amount to another person in the course of providing that service.

Subsection 8(3) provides that the fee payable by a non-profit making community body for a service that is connected with a non-profit making activity is 25 per cent of the fee set out in column 2 of the table.

Section 9--Indexation of certain dollar amounts

This section sets out the indexation method to be applied to the fee amounts set out in column 2 of the table in subsection 8(1). The fees are indexed annually on 1 July using the All Groups Consumer Price Index published by the Australian Statistician. The reference to the All Groups CPI number in this provision is to the fact of that figure at a particular point in time. Publically available and free information about the CPI is available on the Australian Bureau of Statistics website.

Schedule 1--Repeals

Australian Capital Territory (Planning and Land Management) Regulations

Item 1--The whole of the instrument

Item 1 of Schedule 1 repeals the Australian Capital Territory (Planning and Land Management) Regulations.