- Jul 2, 2018
- 3,210
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Headquarters |
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62 Northbourne Avenue, Canberra City, Australian Capital Territory |
Ministers |
| Office: | Officeholder: | Image: |
|---|---|---|
| Minister for Regional Development, Local Government and Territories | The Honourable Warren Snowdon, MP |  |
| Minister for Northern Australia | The Honourable Gary Gray, MP | |
| Assistant Minister for Regional Development, Local Government and Territories | Dick Adams, MP | |
| Secretary of the Department of Regional Australia, Regional Development and Local Government | Glenys Beauchamp, AO, PSM |  |
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Overview |
| The National Capital Authority (NCA) is a statutory authority of the Australian Government that was established to manage the Commonwealth's interest in the planning and development of Canberra as the capital city of Australia. The Authority consists of a Chairperson and four other members, all members are appointed by the Governor-General. Under the Australian Capital Territory (Planning and Land Management) Act 1988, the NCA has the authority to prepare and administer a National Capital Plan. The National Capital Authority is made up of three branches and nine sections responsible for: Strategic Planning, Planning and Heritage, Design and Construction, Finance and Business Resources, Business Systems, Estate Management, Public Affairs, Visitor Experience, Governance and Legal Services. Under the Australian Capital Territory (Planning and Land Management) Act 1988, the functions of the National Capital Authority are:
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Diplomatic Missions |
| The following sections of the Global Assembly Resolution on International Diplomacy are applicable to the operations of the National Capital Authority and inform its practice when dealing with diplomatic missions inside the designated area: Article 1. 6. The location and size of the Diplomatic Mission is decided by the Host Nation. a. The Host Nation may decide to move a Diplomatic Mission, but must give the Sending Nation 30 days advanced notice. Article 6. 1. If a Host Nation desires to close a Diplomatic Mission, they must first directly inform the Head of Mission, and the Foreign Ministry (or equivalent) of the Sending Nation's government, and do so 48 hours before the Mission is to be closed. a. When this notice is given, the Head of Mission, his or her Family and the Diplomatic Personnel of the Mission are automatically declared Persona Non Grata, however they have until the embassy closes (48 hours) to leave the country. b. It is the duty of the Host Nation to provide safe passage to the Head of Mission, his or her Family, the Diplomatic Personnel of the Mission and the Mission Staff of the Mission, and any other individuals inside the mission to an airport, train station, or national border (at the discretion of the Head of Mission). i. The Host Nation shall not hamper the exit of these individuals so that they may be arrested or detained. c. Once a Diplomatic Mission is closed, it ceases to be the sovereign territory of the Sending Nation, and becomes the sovereign territory of the Host Nation again. i. Therefor, everything inside of the Mission after it has been closed becomes the property of the Host Nation. Article 7. 5. This resolution and its contents do not apply to sovereign countries or entities who are not members of the Global Assembly. Host Nations are not required to enforce this resolution to countries who do not have membership in the Global Assembly. a. Host Nations who have Diplomatic Missions with sovereign countries or entities who are not members of the Global Assembly are encouraged to set up their own rules and guidelines for diplomacy with said nation, or simply copy this resolution. The following sections of the Department of Foreign Affairs and Trade's Protocol Guidelines are applicable to the operations of the National Capital Authority and inform its practice when dealing with diplomatic missions inside the designated area:11.1 Diplomatic missions in the Australian Capital Territory Sending states establishing a new diplomatic mission in the ACT must comply with the approval requirements outlined in 3. Diplomatic missions, consular posts and other representative offices. Diplomatic missions have the following options to establish or relocate chanceries in the Australian Capital Territory (ACT):
11.1.1 Building a new chancery Currently, there is little land available in the ACT to build a new chancery. Missions wishing to pursue this option should contact the National Capital Authority (NCA). Subject to paragraph 11.1, the following general rules apply to land in the ACT:
New chanceries, or alterations to existing chanceries (or head-of-mission residences or other owned properties), must comply with federal and ACT Government laws and regulations, including relevant local building codes. Building design and works approvals and certifications are required from the ACT Planning and Land Authority at key stages of planning and construction. The NCA can advise and assist on these processes. 11.1.2 Purchasing or renting a free-standing building Missions may purchase property for use as offices or residential premises subject to the requirements of Australian law. Missions should seek the advice of a local lawyer early in the process of purchasing property. Missions are not required to notify the Foreign Investment Review Board (FIRB) of property purchases for official purposes, including accommodation for diplomatic staff. Property purchases for other purposes, however, for example for investment, must be notified to the FIRB before contracts are signed. This requirement applies equally to mission officials purchasing properties in their own names. Any chancery to be located on Territory Land, but not within commercial premises such as an office building, will need approval from the ACT Government, in addition to Chief of Protocol approval. Missions should contact Protocol Branch to ensure that ACT Government approval will be forthcoming. In the suburb of O'Malley, there is an area of Territory Land where, subject to ACT Government approval, diplomatic missions may either purchase or rent residential properties for use as chanceries. As a general rule, diplomatic chanceries may not operate from other residential areas in the ACT. This restriction does not apply, however, to Head of Mission or staff residences. The ACT Heritage Council, pursuant to the Land (Planning and Environment) Act 1991, is responsible for the listing of heritage properties. DFAT expects missions to comply with heritage laws as with other property laws and regulations. 11.1.3 Renting commercial office space Diplomatic missions are strongly encouraged to consider renting commercial office space to use as a chancery. A number of diplomatic missions have rented commercial office space for this purpose in the suburbs of Civic, Barton or Deakin. 11.2 Purchasing and Renting – Consular posts Missions/sending states setting up a new Consular post in a State or Territory (not in the ACT) must comply with the requirements outlined in 3.2 Consular Posts. When relocating a Consular post, check local council regulations to ensure compliance with zoning requirements. Once a specific location has been identified, posts must seek formal approval of the location from the Chief of Protocol. 11.3 Chief of Protocol consent for proposed locations Once a mission or post has identified a specific location to relocate or establish their chancery, consulate or office, they must seek formal approval of the location from the Chief of Protocol. Requests should be sent sent by diplomatic note to the Protocol Branch. Chief of Protocol approval is in addition to the obligation on missions to comply with any zoning or planning requirements in the ACT or relevant state or territory. If the Chief of Protocol does not grant approval to relocate or establish a chancery, consulate or office at a specific location, Australia may not treat the chancery, consulate or office as the premises of the mission or post under the Resolution on International Diplomacy and relevant Australian legislation. Once consent has been received and the chancery, consulate or office has moved to the new location, missions and posts are required to notify Protocol Branch to ensure our records are accurate and up-to-date. We will use this information to notify relevant security authorities so they can provide appropriate protective security arrangements. 11.4 Rates Missions and posts owning properties in the ACT, the states and/or the Northern Territory are required to pay for specific municipal services provided to chanceries and head-of-mission residences. These services, such as street cleaning, maintenance of parks and gardens, garbage collection and disposal, street lighting, footpaths and guttering, are covered by the beneficial portion of land rates charged by local governments. Missions and posts are expected to pay the amounts charged in full and on time. Missions and posts renting properties are not liable for these payments, as rates are the responsibility of building owners. 11.5 Damage to premises Missions and posts are strongly urged to have appropriate insurance cover for all significant property they own. Insurance is the first recourse in the event of loss or damage. If premises or other property of a mission or post sustain damage which appears to be politically motivated, DFAT (Protocol Branch or, if the incident occurs in a state, the DFAT state or the Northern Territory Office) should be notified as soon as practicable. |
Works Approval |
In accordance with the Australian Capital Territory (Planning and Land Management) Act 1988 (Commonwealth) (the PALM Act), any alteration to buildings or structures, demolition, landscaping or excavation works within the Designated Areas require the prior written approval of the National Capital Authority (NCA) or a 'Works Approval'. There are no exemptions for ‘Works Approval’ under the PALM Act. In summary, if the answer to the following two questions is ‘Yes’, then Works Approval from the NCA is required:
The NCA has detailed planning authority (including ‘Works Approval’ in place of development approval) in areas of the ACT, which exhibit special characteristics of the National Capital. The Designated Areas include all major approach routes to Canberra, the Parliamentary Zone, Lake Burley Griffin and surrounding parklands, the Australian National University, Russell Defence Precinct, Duntroon and Australian Defence Force Academy. Designated Areas also include the Inner Hills of the National Capital including Mount Majura and Mount Ainslie, Black Mountain, O'Conner Ridge, Red Hill, Oakey Hill, Mount Painter, The Pinnacle and Stromlo Forest. 1.2. Definition of ‘works’ The PALM Act defines ‘works’ as: a) the construction, alteration, extension or demolition of buildings or structures; b) landscaping; c) tree felling; or d) excavations. This includes proposals ranging from a site redevelopment to the removal of a single tree or excavation required to installing underground services. Temporary signs or fencing must be consistent with the ACT Government's Hoarding Signage Guidelines. Temporary ‘works’ such as the installation of temporary signs or fencing also require ‘Works Approval’ from the NCA. Some of the most common types of works that require a ‘Works Approval’ are:
1.3. Letter of Consistency A Letter of Consistency application is required to be submitted to the NCA for proposals on National Land outside of Designated Areas located at:
How to lodge a Works Approval application? The NCA's role is to assist applicants through a process of negotiation and design development to achieve outcomes appropriate to those areas, which embody the special characteristics of the National Capital. Contact the NCA to organise a pre-application meeting by phoning (02) 6271 2888 or by emailing the Works Approval section. Discussions held with the NCA in the early stages of developing designs for a proposal will help identify any major issues that require resolution prior to ‘Works Approval’ application being lodged. A sketch design, which shows the development intention, may also be submitted to the NCA for consideration and comment, before proceeding with detailed design development. |
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