EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 91
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AIR FORCE REGULATIONS (AMENDMENT)
An amendment to the Defence Force Regulations, made concurrently with this Statutory Rule, revises and consolidates legislative provision for defence practice areas by introducing, with effect from 1 July 1985, new provisions of tri-service application
Existing regulations providing for practices, operations, surveys and associated matters are therefore rendered redundant.
The Air Force Regulations prescribed matters concerning defence practices, as follows:
Regulation 433 provided for compensation for damage or loss arising out of the use of land for a defence practice. Claims were to be made on the form prescribed by that regulation (Form 39).
Regulation 438 provided for the stopping of traffic, including air traffic, in dangerous proximity to a practice area.
Regulation 439 provided for the declaration by order of air fighting, gunnery, bombing or similar practice areas, and for the safe exclusion of ships, boats, aircraft or persons from those areas.
Regulation 439A provided for the declaration by proclamation of Air Force Operational or Practice Areas, and for the safe exclusion of ships, boats, aircraft or persons from those areas.
The matters which were covered by regulations 433, 438, 439 and 439A and Form 39 are now covered in the new provisions of the Defence Force Regulations.
Regulations 1, 2, 3 and 4 of the Statutory Rule repeal these regulations and that form with effect from 1 July 1985.
Overview
The Air Force Regulations (Amendment) Statutory Rules 1985, issued under the authority of the Minister for Defence, aim to revise and consolidate legislative provisions for defence practices, operations, surveys and related matters. This amendment, which took effect on 1 July 1985, addressed the need to streamline and modernise the existing regulatory framework governing air force practices. By introducing new provisions of tri-service application, the amendment rendered obsolete the existing regulations, specifically those dealing with compensation for damages or loss due to land use for defence practices (Regulation 433), the stopping of traffic in proximity to practice areas (Regulation 438), and the declaration and safe exclusion of ships, boats, aircraft or persons from practice areas (Regulations 439 and 439A). The policy objective of this amendment was to provide a more cohesive and contemporary regulatory structure for defence practices within the Air Force.
Scope and Application
The Air Force Regulations (Amendment) Statutory Rules 1985 No. 91, issued under the authority of the Minister for Defence, amends and consolidates the Defence Force Regulations concerning practices, operations, surveys, and related matters, effective from 1 July 1985. This amendment renders obsolete existing regulations, such as those pertaining to compensation for land damage or loss due to defence practices (Regulation 433), traffic management in proximity to practice areas (Regulation 438), and the declaration of practice areas with safe exclusion zones for ships, boats, aircraft, or persons (Regulations 439 and 439A). These provisions are replaced by new consolidated regulations under the Defence Force Regulations. The scope of the amendment applies to any persons, entities, or industries involved in defence practices or operations, as well as any conduct or transactions related to these activities. The jurisdictional reach of these regulations is national, as they pertain to federal defence practices. Notably, this amendment does not introduce any exclusions, exemptions, or thresholds beyond what is specified in the consolidated Defence Force Regulations, which may be further elaborated upon in subordinate instruments issued under the authority of the Minister for Defence.
Key Provisions
The key provisions of the Air Force Regulations (Amendment) primarily concern the compensation for damage or loss arising from defence practices, the management of traffic in proximity to practice areas, and the declaration and exclusion of specific areas for air force operations and practices. Specifically, Regulation 433 (now superseded) provided for compensation for damage or loss resulting from the use of land for defence practices, requiring claims to be made using the prescribed form, Form 39. Regulation 438 mandated the stopping of traffic, including air traffic, when it was in dangerous proximity to a practice area. Regulation 439 allowed for the declaration by order of air fighting, gunnery, bombing, or similar practice areas, with provisions for the safe exclusion of ships, boats, aircraft, or persons from these areas. Regulation 439A permitted the declaration by proclamation of Air Force Operational or Practice Areas, also ensuring the exclusion of ships, boats, aircraft, or persons from these areas.
The obligations imposed by these regulations include ensuring that claims for compensation are made in accordance with the prescribed form and process. Traffic management requirements necessitate the halting of air and other traffic when it approaches areas deemed dangerous due to ongoing defence practices. The declaration of specific practice areas by order or proclamation and the exclusion of unauthorised entities from these areas are also mandatory. These provisions ensure the safety of personnel and property, both within the military and the public, during defence operations.
Breaches of these regulations can lead to civil or criminal consequences, although specific penalties are not detailed in the explanatory statement. Typically, failing to comply with traffic management orders could result in fines or other penalties as prescribed by relevant laws. Non-compliance with exclusion orders could also lead to legal action for trespassing or other related offences. The exact penalties would depend on the specific breach and the applicable laws in force at the time of the offence.