Australian Capital Territory
Land (Planning and Environment) (Draft Variation No 238 and Draft Section Master Plan) (Barton) Notice 2004*
Macquarie Hotel Redevelopment (Section 27 Barton)
Notifiable instrument NI2004—221

made under the
Land (Planning and Environment) Act 1991, section 19(1) (Public Consultation - Notification) and Territory Plan, part A3 clause 7.2 (Draft Master Plans)

Draft variation No.238 to the Territory Plan has been prepared by the ACT Planning and Land Authority in accordance with section 19 of the Land (Planning and Environment) Act 1991 (the Act).  

The draft plan variation proposes to amend the Territory Plan Written Statement and map to vary the land use policy from Entertainment Accommodation and Leisure to Residential Land Use Policy with a B16 area specific policy overlay, allowing for mixed use development including residential, commercial accommodation and some office and community uses.

The ACT Planning and Land Authority has also determined that a section master plan is required under part A3 section 7 of the Territory Plan. The draft section master plan should be read in conjunction with the draft variation.

The documents relating to the draft plan variation and/or draft section master plan may be viewed at:
•	ACTPLA Customer Service Centre, Ground Floor, South Building, Dame Pattie Menzies House, 16 Challis Street, Dickson (opposite the Motor Registry) 8:30am to 4:30pm weekdays.  Copies of the draft plan variation and draft section master plan can be obtained here; 
•	ACT Government libraries at Belconnen, Civic, Dickson, Erindale, Griffith, Gungahlin, Kippax, Tuggeranong and Woden during normal opening hours; and
•	for the draft plan variation:
the ACTPLA website at www.actpla.act.gov.au/tplan/index.htm.
•	for the draft section master plan:
the ACTPLA website at:
www.actpla.act.gov.au/plandev/planning_register/index.htm

Written comments from the public are invited on the draft plan variation and/or draft section master plan by 20 August 2004.  Comments should include reference to this draft variation and/or draft section master plan, a return postal address, and be addressed to:

The Manager, Territory Plan Co-ordination Section
ACT Planning and Land Authority

Comments may be submitted in one of the following ways:

•	Hand deliver to:
ACTPLA Customer Service Centre, 16 Challis Street, Dickson
•	Post to:
PO Box 1908
CANBERRA   ACT   2601
•	Email:		terrplan@act.gov.au

Copies of written comments received, and any response from the National Capital Authority, will be made available for public inspection at the ACTPLA Customer Service Centre, 16 Challis Street, Dickson, during normal office hours for a period of 15 business days after the closing date for comments.

Section 9 of the Act applies to the draft variation, which has interim effect for a maximum period of 1 year commencing on 9 July 2004 and ending on 8 July 2005.  During this period, or a period commencing on 9 July 2004 and terminating at the expiration of the day before: 
•	the date the draft variation comes into effect;
•	the date the corresponding plan variation is rejected by the Legislative Assembly; or
•	the date the draft variation, or the corresponding plan variation, is withdrawn under section 22(1)(c), section 27(a) or section 30A(3)(b) of the Act;
whichever is shorter, the Territory, the Executive, the Minister or a Territory Authority shall not do any act, or approve the doing of any act that –
(a)	would be inconsistent with the Territory Plan, if it were varied in accordance with the draft variation; or
(b)	is inconsistent with the Territory Plan.

Section 11 of the Act does not apply because the draft variation does not vary the heritage places register.

Neil Savery
Chief Planning Executive
ACT Planning and Land Authority
7 July 2004