Australian Capital Territory
(Planning and Land Management) Act 1988
Draft Amendment of the National Capital Plan
Amendment No. 18 (ACT Telecommunications Plan)
National Capital Planning Authority
The Web version of this document http://www.tomw.net.au/ncpatw2.html is provided as a community service by Tom Worthington, Australian Computer Society, by permission of the NCPA. See also: ACT Telecommunications Plan: Appendix X:http://www.tomw.net.au/ncpatw2.html | Background Report: http://www.tomw.net.au/ncpatw1.html
Preamble
The National Capital Plan (NCP) came into effect on 21 December 1990 following approval by the then Minister for the Arts, Tourism and Territories.
A function of the National Capital Planning Authority ('the Authority'), is to keep the National Capital Plan under constant review and to propose amendments to it when necessary. The statutory provisions for amending it are set out at sections 14 to 24 of the Australian Capital Territory (Planning and Land Management) Act 1988 ('the Act').
Section 15 of the Act provides as follows:
(1) After preparing the draft Plan (or any amendment to the Plan under section 23), the Authority shall:
(a) submit a copy to the Territory planning authority;
(b) by notice published in the Commonwealth Gazette and in the principal daily newspaper published and circulated in the Territory:
(i) state that the draft Plan (or amendment) has been prepared, and that copies will be available for public inspection at the places and times, and during the period, specified in the notice; and
(ii) invite interested persons to make written representations about the draft Plan (or amendment) within a reasonable period specified in the notice and specify the address to which the representations may be forwarded; and
(c) make the draft Plan (or amendment) available for inspection accordingly.
(2) The Authority shall:
(a) consult with the Territory planning authority about the draft Plan (or amendment) and have regard to any views expressed by it; and
(b) have regard to any representations made by the public; and, if it thinks fit, may alter the draft Plan (or amendment).
Section 18 of the Act provides for the Authority to submit the draft Plan (or amendment) to the Minister for approval, together with a written report on its consultations under section 15.
Background
The Telecommunications Plan has been prepared to provide a framework for the assessment of proposals for the construction of telecommunications facilities in the ACT.
The National Capital Plan refers to the need to take all reasonable steps to minimise the visual effects of telecommunications installations on the natural and built environments of the National Capital. It also calls for the preparation of a comprehensive telecommunications plan to address the demands arising from the need for telecommunications facilities.
The development of modern technologies and the decreasing costs of providing telecommunications services is leading to an increasing demand for facilities to support mobile telephone networks. The NCPA recognises the need to prepare policies and assessment criteria to provide carriers with guidance in relation to the expansion of existing networks.
The ACT Telecommunications Plan covers the whole of the ACT. Where a facility is proposed within a Designated Area the Authority will, if it supports the proposal, issue a Works Approval. In all other cases the Authority will, if appropriate, confirm a proposal's consistency with the National Capital Plan.
This draft amendment has been prepared in consultation with the Territory Planning Authority on behalf of the ACT Government and the three major carriers.
The Plan is intended to operate in concert with the Telecommunications National Code by providing a clear statement of both planning authorities' requirements.
Carriers are bound by the Plan and by the provisions of other relevant Commonwealth legislation such as the Environment Protection (Impact of Proposals) Act, the Australian Heritage Act and the Endangered Species Protection Act.
To assist in the assessment process, the Authority has prepared a supporting document to provide background information. The Background Report provides information on the aim of the Draft Amendment, its role, the facilities covered and legal and aesthetic contexts.
The Background Report is not part of the Draft Amendment, however, it may assist in clarifying the meaning and intent of the Draft Amendment.
Copies of the Background Report are available from the:
NCPA Information Service
10-12 Brisbane Avenue
Barton ACT 2600
Telephone (06) 271 2845 or Fax (06) 273 4427.
Individuals and organisations are invited to comment on the Draft Amendment. Comments in writing should be forwarded by close of business on Friday 15 September 1995, to:
The Executive Director (Planning and Development Control)
National Capital Planning Authority
GPO Box 373
CANBERRA ACT 2601
If you would like further information, please contact Keith Burnham, Acting Director, Planning Projects by Telephone (06) 271 2863, or by Fax (06) 273 4427.
Draft Amendment of
the National Capital Plan
Draft Amendment No. 18
1. Amend 4.4 (Policies for Urban Areas) to add:
(k) To ensure the development of telecommunications networks takes into account the important natural setting of the National Capital, the planning for telecommunications facilities will comply with the ACT Telecommunications Plan at Appendix X.
2. Amend 5.2 (Policies for Broadacre Areas) to add:
(i) To ensure the development of telecommunications networks takes into account the important natural setting of the National Capital, the planning for telecommunications facilities will comply with the ACT Telecommunications Plan at Appendix X.
3. Amend 8.3 (Policies for the National Capital Open Space System) to add:
(i) To ensure the development of telecommunications networks takes into account the important natural setting of the National Capital, the planning for telecommunications facilities will comply with the ACT Telecommunications Plan at Appendix X.
4. Amend policy 8.5.3(g) (Policies for Hills, Ridges and Buffer Spaces) to remove reference to the need for the preparation of a comprehensive telecommunications plan. The amended policy would then read as follows:
(g) Black Mountain, Mt Taylor, Tuggeranong Hill and Isaacs Ridge will continue to provide locations for current telecommunications facilities.
5. Amend 9.3 (Policies for Rural Areas) to add:
(i) To ensure the development of telecommunications networks takes into account the important natural setting of the National Capital, the planning for telecommunications facilities will comply with the ACT Telecommunications Plan at Appendix X.
6. Amend 12.3 (Policies for Infrastructure) to add:
(g) To ensure the development of telecommunications networks takes into account the important natural setting of the National Capital, the planning for telecommunications facilities will comply with the ACT Telecommunications Plan at Appendix X.
7. Amend the schedule of Contents by adding under "APPENDICES":
Appendix X: ACT Telecommunications Plan
8. Amend the APPENDICES section as follows:
(i) Incorporate in the Schedule of Appendices "Appendix X: ACT Telecommunications Plan"
(ii) Include, as "Appendix X: ACT Telecommunications Plan", the attached document.
9. Add the attached ACT Telecommunications Plan to the Appendices as Appendix X.