What it does
The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) establishes a permanent statutory framework for the orderly planning and development of the national capital and the surrounding Territory following the grant of self-government. Its central mechanism is the creation of two complementary but hierarchically ranked plans.
Part III requires the National Capital Authority (the Authority) to prepare and administer the National Capital Plan (the Plan). The object of the Plan, stated in s 9, is “to ensure that Canberra and the Territory are planned and developed in accordance with their national significance”. Section 10 prescribes the mandatory and optional content: the Plan must define planning principles and policies, set standards for the character of the National Capital, articulate general land-use and arterial-road policies for the whole Territory, and may designate particular areas as Designated Areas in which detailed design and development controls apply (s 10(1)–(2)). Once approved and published in the Commonwealth Gazette (s 21), the Plan has overriding legal force. Any inconsistent enactment has no effect to the extent of the inconsistency (s 11(1)), and neither the Commonwealth, a Commonwealth authority, the Territory nor a Territory authority may perform an act inconsistent with the Plan (s 11(2)).
Works in a Designated Area are prohibited unless three cumulative conditions are satisfied: the proposal and supporting plans have been submitted to the Authority, the Authority has given written approval, and the works accord with the Plan (s 12(1)). The Plan cannot operate retrospectively so as to extinguish existing lawful uses derived from an estate in land (s 13).
Part IV obliges the ACT Legislative Assembly to enact laws establishing a Territory planning authority and requiring it to prepare and administer a Territory Plan. The object of that plan (s 25(2)) is to provide an attractive, safe and efficient environment “in a manner not inconsistent with the National Capital Plan”. The Territory Plan is subordinate: it has no effect to the extent of any inconsistency with the National Capital Plan (s 26).