Document ID: chunk:federal_register_of_legislation:F2024L00408:front:0:p94
Version: federal_register_of_legislation:F2024L00408
Segment Type: other
Provision Reference: 
Character Range: 277102–280069

Territory.

 The Act was designed to ensure the interests of the people of the ACT are represented and protected in the planning of the ACT while continuing Commonwealth involvement in the development of the national capital.

 The Act established the NCA (previously the National Capital Planning Authority), whose functions include:

      * preparing, administering, reviewing and (as necessary) amending the NCP;

      * fostering awareness of Canberra as the national capital and recommending to the Minister any works it considers desirable to maintain or enhance the national capital's character;

      * commissioning works in designated areas in accordance with the NCP where no other state or Commonwealth department or authority has the responsibility to do so; and

      * performing, with the approval of the Minister, planning services for any person or body, whether within Australia or overseas, and managing National Land designated in writing by the Minister as land required for the special purposes of Canberra as the national capital.

    5.2.7  The National Capital Plan

 The NCP forms the strategic planning framework for Canberra and the ACT. In accordance with Section 10 of the Australian Capital Territory (Planning and Land Management) Act 1988, the NCP sets out detailed conditions for planning design and development for Designated Areas for which the NCA is responsible for planning and development approval.

 A Designated Area is an area of land specified as having 'the special characteristics of the National Capital'.5 The AWM is within a Designated Area—the Central National Area. It is also encompassed by the 'Constitution Avenue and Anzac Parade Precinct Code'. The AWM Mitchell Precinct does not fall within a Designated Area.

 The NCA's aim, through the NCP, is to achieve high qualities of planning and development within a design context appropriate to its location. In addition, development in the 'Central National Area' (defined in the NCP) is guided by the NCA's non-statutory 'Griffin Legacy' (refer below) to respect the geometry and intent of Walter Burley Griffin's plan for Canberra and to maintain and enhance the city's landscape character.6

 The NCP includes policies for planning and development in all Designated Areas. The Memorial must also be aware of the policies for the areas near the AWM, including Mount Ainslie and Anzac Parade.

    5.2.8  NCA Development and Works Approval within Designated Areas

 Generally, in seeking works approval from the NCA for development proposals, the applicant may be required to provide evidence of environmental and heritage approval from the Department responsible for the EPBC Act.7 Therefore, given the obligations for the Memorial under the EPBC Act, seeking approval from the department responsible for the EPBC Act—which may be a referral under the EBPC Act—is advisable before lodging a formal Works Approval application with the NCA.

   To minimise