Legislative Assembly for the ACT: 2003 Week 1 Hansard (20 February) . . Page.. 375 ..
(3) if an ACT state of emergency does not apply to Commonwealth land
within the parliamentary triangle containing site(s) on the Register of the
National Estate, what (a) procedures are required to enact state of
emergency provisions in this area and, (b) were they enacted and if not,
Mr Stanhope: The answer to the member's question is as follows:
The issues around jurisdiction of land use management on National Land are quite complex.
Since self government the ACT Government manages all land in the Territory except those areas gazetted as National Land, which the Commonwealth retained for its own use. National Land areas are administered by either the National Capital Authority or the Department of Finance and Administration, on behalf of the Commonwealth.
The National Capital Authority's responsibilities include the Parliamentary zone, Lake Burley Griffin and parts of the foreshore, ANZAC Parade and diplomatic estates in Yarralumla, Deakin and O'Malley.
The National Capital Authority is responsible for managing national assets, which includes land in the parliamentary triangle. In doing so, the Authority aims to ensure that maintenance and other practices are consistent with the design intent and support the objectives of the National Capital Plan.
The Aboriginal Tent Embassy is located on designated National Land in the Parliamentary Zone and therefore land use management of the site is the responsibility of the National Capital Authority.
Separate to this, is the Register of the National Estate, which is Australia's national inventory of natural and cultural heritage places which are worth keeping for the future. The Aboriginal Tent Embassy is registered on the National Estate. However, entry in the register of the national estate is not a decision or responsibility of the ACT Government.
In response to part one of the question, there are no exemptions in the Territory when a state of emergency is declared.
Furthermore, there is no exemption from ACT laws on national land. Whilst the registration on the National Estate and planning and management for the land on which the Aboriginal Tent Embassy is located are not responsibilities of the Territory Government, the area remains protected by the laws of the ACT. For example, if a person breaks the law on ANZAC Parade, London Circuit or King George Terrace ACT laws still apply to that person.