Explanatory Statement

Section 10(1) of the Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) states that the National Capital Plan (the Plan) may specify areas of land that have the special characteristics of the National Capital to be Designated Areas. The Act (section 10 (2)(c))further states that the Plan may set out detailed conditions of planning, design and development in Designated Areas and the priorities in carrying out such planning, design and development.

Finally, section 10(2)(d) of the Act states that the Plan may set out special requirements for the development of any area (not being a Designated Area), being requirements that are desirable in the interests of the National Capital.

Part Four of the Plan therefore:

  • identifies those areas of the Territory deemed to have the special characteristics of the National Capital, and divides this area into ‘precincts’
  • sets out conditions of planning, design and development for each precinct through ‘Precinct Codes’ and ‘General Codes’
  • sets out Special Requirements that are desirable in the interests of the National Capital.

To give effect to the above, Part Four has been structured as follows:

Part Four(a) ‘Principles and Policies for Designated Areas and Special Requirements for National Land outside Designated Areas’ sets out conditions for those areas where the Commonwealth has planning approval responsibility. This includes both Designated Areas and National Land outside Designated Areas.

Part Four(b) ‘Special Requirements for Territory Land’ sets out Special Requirements for those areas where the Commonwealth maintains a high level of interest, but where the Territory planning authority has planning approval responsibility (Territory Land subject to Special Requirements).

Further information is available in separate explanatory statements for Part Four(a) and Part Four(b).