Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

I present two government responses to committee reports, as listed at item 14 on today's Order of Business. In accordance with the usual practice, I seek leave to have the documents incorporated into Hansard.

Leave granted.

The documents read as follows—

AUSTRALIAN GOVERNMENT RESPONSE TO THE REPORT OF THE JOINT STANDING COMMITTEE ON NATIONAL CAPITAL AND EXTERNAL TERRITORIES INQUIRY INTO THE ALLOCATION OF LAND TO DIPLOMATIC MISSIONS IN THE AUSTRALIAN CAPITAL TERRITORY (ACT)

Preamble

The Australian Government (the Government) welcomes the opportunity to respond to the report of the Joint Standing Committee on the National Capital and the External Territories' (Committee) Inquiry into the Allocation of Land to Diplomatic Missions in the Australian Capital Territory (Report), published in March 2013.

The inquiry highlighted the need for an Australian Government policy to address the shortage of National Land to accommodate the anticipated future demand for diplomatic missions, supported by a National Capital Authority strategy for long term allocation of land.

This response seeks to balance the interests of the Commonwealth, the ACT Government, the diplomatic community and the residents of the Canberra community given the uniqueness of Canberra ' s purpose built, planned city and the nature of the zoning of land as National Land or Territory Land.

It also takes into account Australia's international obligations under the ViennaConvention on Diplomatic Relations 1967 to facilitate the acquisition of diplomatic missions and safeguard the mission against intrusion or damage.

Considerations for Diplomatic Missions in the Australian Capital Territory (ACT)

Diplomatic missions play an important role in signalling a country's profile in and relationship to Australia, channelling communication between the country and Australia, representing and promoting the country's interests to Australia, and fostering and developing economic and cultural links with Australia.

Currently, Canberra, as the National Capital, hosts 101 diplomatic missions, 53 of which are located in the diplomatic estate. Given Australia ' s increasing international role and importance, the demand for land for diplomatic missions is strong. Processes are in train for the establishment of four new diplomatic missions and enquiries have been received regarding the establishment of a further seven diplomatic missions. The Government understands that open National Land in the ACT, such as Stirling Ridge, is used recreationally and enjoyed by residents. The allocation of land and establishment of diplomatic missions needs to be considered in the context of national interest, security, and maintaining productive foreign and trade relations noting international obligations.

There are also the financial implications of purchasing Territory Land if suitable National Land is unable to be obtained.

In recognition of these complex issues, it is imperative that a long term strategy regarding the allocation of National Land for diplomatic missions be developed.

Recommendation 1

The Committee recommends that, in order to better utilise limited resources for the allocation of land to diplomatic missions, the Australian Government implement:

* Strengthened policies and regulations surrounding diplomatic leases to ensure compliance, with the policy of resumption of land within 36 months where development has not commenced being rigorously enforced

* Medium- and high-density options for housing chanceries

* Policies to allow the subdivision of existing sites within the diplomatic estate

* A policy framework that allows more extensive use of residential and commercial properties to house chanceries, along the lines adopted in Washington DC

* In the future, a steady evolution towards a more commercial approach (as in

Washington DC) should be encouraged.

Agreed

The Government supports the Committee recommendation to improve the policy regarding land allocation for diplomatic leases. At present there is no specific plan or policy governing the location of diplomatic missions. This function is managed by the National Capital Authority on behalf of the Commonwealth, in consultation with the Department of Foreign Affairs and Trade and relevant security agencies. There are no legislative criteria for managing the location of diplomatic missions and administrative arrangements have evolved over time in an ad hoc manner. The Department of Infrastructure and Regional Development will develop an Australian Government land allocation policy to address the shortage of National Land to accommodate the anticipated future demand for diplomatic missions, supported by a National Capital Authority strategy for long term allocation of land.

The development of a policy will ensure a better coordinated and consistent approach to land allocation for diplomatic missions and will aid in providing greater clarity on diplomatic leasing issues.

The development of a policy will need careful consideration and time given the complexity of these issues. The Government has commenced early engagement with relevant government stakeholders to progress matters arising from the report.

The Government notes that there are a number of complex issues concerning diplomatic land allocation including maintaining diplomatic relations and the security of foreign nationals whilst also being sensitive to community interests. The policy will need to be developed with specific regard to the Australia's obligation under the Vienna Convention on Diplomatic Relations 1967.

In the interim, site allocation issues will be addressed on a case-by-case basis involving careful consultation with relevant ministers, the community and the National Capital Authority.

Recommendation 2

The Committee recommends that the National Capital Authority develop a long term strategy for the allocation of land to diplomatic missions in the Australian Capital Territory. This strategy should be developed in conjunction with the Department of Foreign Affairs and Trade, Australian Federal Police and ACT Government and integrated with the National Capital Plan and the Territory Plan. It should forecast demand and supply and establish the various mechanisms by which these forecasts may be met, including:

* Designating sites for future diplomatic enclaves

* Establishing a clear and binding framework for the granting and resumption of leases to diplomatic missions

* Creating a policy for medium and high density properties

* Establishing a framework for more extensive use of residential and commercial properties for chanceries

* Managing impacts on local residents

* Working out what role the private market might play.

Noted

The Government noted the Committee recommendation for the National Capital Authority to develop a long term strategy for the allocation of land to diplomatic missions in conjunction with key stakeholders.

The Government understands the importance of balancing the needs of the national government, local government, diplomatic community and the residents of the Canberra community to ensure that Canberra's diplomatic, economic, cultural community links are maintained.

The Government will ask the National Capital Authority to develop a strategy for long term allocation of land to ensure an inter-jurisdictional approach and alignment with the land allocation policy.

Recommendation 3

The Committee recommends that Draft Amendment 78 (DA78) be withdrawn.

Noted

The Government notes this recommendation and considers this a matter for the National Capital Authority.

The Government understands that the National Capital Authority responded to the Committee's report on 17 April 2013 and, in line with Recommendation 3 of the report, will be withdrawing Draft Amendment 78.

Appendix A: Acronyms and Abbreviations

AUSTRALIAN GOVERNMENT RESPONSE TO THE REPORT OF THE JOINT STANDING COMMITTEE ON NATIONAL CAPITAL AND EXTERNAL TERRITORIES INQUIRY INTO THE PROVISION OF AMENITY WITHIN THE PARLIAMENTARY TRIANGLE

Preamble

The Australian Government (the Government) welcomes the opportunity to respond to the report of the Joint Standing Committee on the National Capital and the External Territories' (Committee) Inquiry into the provision of amenity within the Parliamentary Triangle (Report), published in June 2013.

The terms of reference of the inquiry were broadened by the Committee, from investigating amenities in the 'Parliamentary Triangle', a colloquial term used to define the land bounded by State Circle, Commonwealth and Kings Avenues, and Lake Burley Griffin to the 'Central National Area' (CNA).

The CNA is formally defined as the Parliamentary Zone and its setting; Lake Burley Griffin and Foreshores; the Australian National University; the Australian Defence Force Academy; Duntroon; Campbell Park and Canberra Airport/RAAF Base Fairbairn. Also included are diplomatic lands at Yarralumla, O'Malley, West Deakin and Red Hill1. This broadening of scope ensures consideration of the suburbs of Russell and Acton, areas that will be impacted by the introduction of pay parking on National Land, a precursor to the inquiry.

The Report makes three recommendations to improve amenities in the CNA by proposing the National Capital Authority (NCA): (1) develop a strategy for the provision of amenity, with funding from the Government; (2) report regularly on that strategy; and (3) that the NCA work with the ACT Government to improve access to public transport to and in the CNA.

In addressing the recommendations of the Committee, the Government is aware that one of the responsibilities of the NCA is to maintain or enhance the character of the National Capital. With this in mind the Government is keen to ensure the integrity of the CNA is maintained, including Commonwealth and National Heritage Listed areas and buildings, while accommodating amenities to meet the requirements of workers in the CNA.

Recommendation 1

The Committee recommends that the Australian Government direct the National Capital Authority to develop a strategy for the provision of amenity within the Central National Area, including the Parliamentary Zone, and provide funds for the development of the strategy in the 2014–15 budget, incorporating:

Agreed in part

The Government agrees that the NCA will develop a strategy for the provision of amenity within the CNA including timelines and responsibilities. Any funding required for the NCA to develop the strategy would be considered as part of normal Budget processes and made within the overall Budget settings and in consideration of Government priorities.

The NCA will conduct a comprehensive audit to identify any shortfalls in the CNA precincts in order to prepare a baseline needs analysis for services. The NCA will also consider the impacts that increased amenity and increased public transport would have on parking availability in the CNA. Based on this, the NCA will employ strategies to address any shortfall and amend or develop policies to ensure the strategies can be employed. If appropriate, the NCA may showcase demand and assist industry in working efficiently with the NCA to provide services in the area.

The Government notes that there are no legislative or planning obstacles currently in place which prevent amenities operating in the CNA, and in some precincts planning frameworks mandate that amenity space be provided. While the Government has a legitimate and important role in encouraging appropriate commercial development in the CNA and ensuring appropriate regulatory settings exist for such development to occur, it is the role of retailers, services suppliers and building owners to make commercial decisions regarding the viability of setting up businesses. The Government notes that the NCA has already engaged with owners of existing businesses encouraging them to consider expanding their services.

Specifically in considering the provision of childcare services in the area, should new centres be required, the planning and development of centres would need to take into account the relevant regulatory requirements.

The NCA will also work with the ACT Government to promote and negotiate any strategies that may enhance the provision of public transport in the CNA including negotiating a 'park and ride' facility on a suitable site as recommended in Recommendation 3.

Recommendation 2

The Committee recommends that the National Capital Authority provide a twice yearly report on development of amenities to the Committee as part of its regular biannual briefings.

Agreed

The Government agrees that the NCA will provide a report on the development of amenities, as proposed in the response to Recommendation 1, to the Committee on a biannual basis.

Recommendation 3

The Committee recommends that the National Capital Authority negotiate with the Government of the Australian Capital Territory upon the development of a 'park and ride' facility on a suitable site in order to improve access by public transport to the Parliamentary Zone, and making permanent the Centennial Year shuttle bus.

Agreed

The Government agrees that the NCA will work with the ACT Government regarding a 'park and ride' facility on a suitable site and explore options for a permanent shuttle bus based on the Centennial Year bus route.

The Government notes that the NCA has already publicly committed to working closely with the ACT Government to ensure public transport services meet levels of demand in the CNA.

Appendix A: Acronyms and Abbreviations

Appendix B: Central National Area

Map can be obtained the National Capital and External Territories Committee.

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1 National Capital Plan (December, 2012) http://www.nationalcapital.gov.au/index.php?option=com_ content&view=article&id=372&Itemid=260