Australian Capital Territory
Public Place Names (Pialligo) Determination 2017 
Disallowable instrument DI2017–131
made under the  
Public Place Names Act 1989, s 3 (Minister to determine names)
EXPLANATORY STATEMENT

Overview

Background
The Public Place Names Act 1989 (the Act) sets out the process and criteria for the naming of divisions and public places.  Section 2 of the Act defines a “public place” as including “an avenue, road, street, geographical feature or place that the public is entitled to use, and any unleased land”.  

Section 3 of the Act gives the Minister the power to determine the name of a division or public place.  The determination of the Minister is a disallowable instrument and as such must be notified in the ACT Legislation Register.

The factors that the Minister must have regard to in determining a name are set out in sections 3 and 4 of the Act.  Section 3(3)(a) of the Act requires the Minister to consider the Public Place Names (Naming of Public Places) Guidelines 2014 (No 1) (guidelines) when naming a public place.  The guidelines are made under section 4A of the Act and are notified at http://www.legislation.act.gov.au/ni/2014-643/default.asp.  

The Determination
The Public Place Names (Pialligo) Determination 2017 determines the name of Dharaban Road for the public place indicated in the diagram in the schedule to the determination. 

The name is consistent with the theme for the Division of Pialligo which is 
Aboriginal words.  The purpose of this determination is to commemorate a word from the traditional Ngunnawal language.  The word has a meaning in the English language of ‘Yam Daisy’.  The Yam Daisy plant has been recorded in the local area.

Consultation
Consultation was undertaken with a representative of the Ngunnawal community in the ACT to obtain permission to commemorate the word ‘Dharaban’, from the Ngunnawal language, as a public place name.  The Public Place Names Committee has endorsed the naming of Dharaban Road.

Regulatory Impact Statement (RIS)
The Legislation Act 2001 (Legislation Act) requires a RIS for regulations and disallowable instruments subject to specified exceptions.  In this case, a RIS is not required because the determination does not impose any appreciable costs on the community or part of the community (s 34(1) of the Legislation Act).  Further, a RIS is also not required because while the determination of place names is culturally and socially significant it does not adversely affect rights or impose liabilities on a person (s 36(1)(b) of the Legislation Act). 

Human Rights
Section 12 of the Human Rights Act 2004 creates a right to privacy and reputation. This determination does not have the potential to infringe this right because it does not name any places after people. 

Delegation
This determination is made by a delegate of the Minister.  The Minister has delegated the power under section 3 of the Act to name a division or public place to the Director-General of the Environment, Planning and Sustainable Development Directorate and other senior officers within the Directorate, refer to the Legislation (Environment and Planning Directorate) Delegation 2016 (No 2), notifiable instrument NI2016-289. 

Status of this Explanatory Statement
This explanatory statement relates to the Public Place Names (Pialligo) Determination 2017 as made by the delegate of the Minister and presented to the 
ACT Legislative Assembly.  It has been prepared in order to assist the reader of the disallowable instrument.  It does not form part of the disallowable instrument and has not been endorsed by the Assembly. 

Clause Notes

Clause 1 – Name of Instrument
This clause names the instrument.

Clause 2 – Commencement
This clause provides for the commencement of the instrument.

Clause 3 – Determination of Place Name
This clause names the public place as specified in the schedule.