Australian Military Regulations (Amendment)

Overview

The Statutory Rules 1935, No. 109, made under the Defence Act 1903-1934, were enacted to address the need for specific regulations concerning the distances to be maintained during artillery practice on land and at sea. These regulations were introduced to ensure the safety of personnel and civilians by clearly defining the areas where artillery practice could take place and establishing the necessary distances from these areas to ensure public safety. Enacted by the Governor-General in Council, the policy objective of these regulations is to provide a comprehensive framework for the conduct of artillery practice, which includes detailed procedures for notification and signalling to prevent accidents or misunderstandings during such activities. The regulations mandate that appropriate notifications be made to the public and relevant maritime authorities well in advance of the practice, ensuring that all stakeholders are aware of the timing and location of the exercises.

Scope and Application

The regulation, made under the Defence Act 1903-1934, amends the Australian Military Regulations to establish specific distances for safety during artillery practice. This regulation applies to all personnel and entities involved in artillery practice within the Commonwealth, ensuring that prescribed distances are maintained to safeguard individuals and property. For land-based artillery practice, the regulation specifies that the perimeter of the practice area must not be closer than a certain distance from any battery or gun, with a maximum length of 20,000 yards in the direction of fire and a breadth of 3 miles. For sea-based practice, the distance must extend from the gun to any point on the perimeter of a defined area, which is bounded by an arc of a circle with a radius of twenty nautical miles from the gun and shoreward lines extending to points at high water mark also twenty nautical miles from the gun. These areas must be notified in advance through specific publications and communications, ensuring that all relevant parties are informed to maintain safety standards. This regulation does not apply to any artillery practice conducted before January 1, 1936.

Key Provisions

The primary operative section of this legislation, Regulation 819, outlines the prescribed distances for artillery practice both on land and at sea. According to sub-regulation (1), for land-based artillery practice, the minimum distance from any battery or gun to any point on the perimeter of a notified rectangular area should not exceed 20,000 yards in the direction of the intended line of fire and 3 miles in breadth. Sub-regulation (2) stipulates that this area must be notified through advertisements in local newspapers at least 24 hours before the practice begins. For sea-based artillery practice, sub-regulation (3) specifies that the minimum distance from any gun to any point on the perimeter of a notified area must lie within a defined zone bounded by a circle with a radius of twenty nautical miles from the gun, seaward, and lines extending to points at high water mark, twenty nautical miles from the gun, shoreward. The Act imposes several obligations on the parties involved in artillery practice. Firstly, the formation and/or commander responsible for the practice must ensure that the specified distances are maintained. For land-based practices, this involves notifying the local community via newspapers as per sub-regulation (2). For sea-based practices, the commander must notify the Captain Superintendent, Sydney, or the District Naval Officer, and the Deputy Director of Navigation at least three days before the practice, as outlined in sub-regulation (5). Additionally, the Deputy Director of Navigation is required to arrange for a visual signal to be made at the signal station to inform ships about the practice, as detailed in sub-regulation (7). Failure to comply with these regulations may result in various consequences. Although the Act does not explicitly state penalties, non-compliance could potentially lead to accidents, injuries, or other hazards due to inadequate safety measures. The primary focus of the regulation is to ensure safety by maintaining specified distances and proper notification, thereby mitigating risks associated with artillery practice. Any breaches of these notification and safety distance requirements could lead to legal and safety repercussions, even if specific penalties are not detailed in the text.