EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 90
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AUSTRALIAN MILITARY 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.
Divisions 3 and 4 of Part XIII of the Australian Military Regulations prescribed matters concerning defence practices, as contained in the following regulations:
Regulation 816 provided for the assessment compensation for damage or loss sustained by the owner of land on which a practice was held.
Regulation 816A provided for an appeal against assessment of the amount of such compensation.
Regulation 817 provided for weekend camps and bivouacs.
Regulation 818 provided for claims for compensation for damage done in surveying land for the purpose of a defence practice.
Regulation 819 prescribed safe distances and procedures for the exclusion of ships, boats or persons from the proximity of a defence practice.
The matters which were covered by regulations 816, 816A, 817, 818 and 819 are now covered in the new provisions of the Defence Force Regulations.
Regulations 1 and 2 of the Statutory Rule repeal, with effect from 1 July 1985, Divisions 3 and 4 of Part XIII of the Australian Military Regulations.
Overview
The Australian Military Regulations (Amendment) Statutory Rules 1985 No. 90 were enacted to address the need for a comprehensive and up-to-date legal framework governing defence practices, operations, surveys, and related matters within the Australian Defence Force. This amendment was introduced by the Australian Parliament and aims to consolidate and modernise the existing legislative provisions, ensuring they align with contemporary defence requirements and practices. The changes sought to streamline the legal environment by rendering the previous regulations redundant and replacing them with new provisions that apply uniformly across all services within the Defence Force.
The primary objective of this amendment is to provide a clear and consolidated set of regulations that cover assessment and compensation for damages, claims related to surveying activities, and procedures for maintaining safety during defence practices. This legislative update ensures that the Defence Force has a coherent and efficient legal structure to manage its operations effectively, thereby facilitating smoother coordination and execution of defence activities in Australia.
Scope and Application
The Australian Military Regulations (Amendment) Statutory Rule, issued under the authority of the Minister for Defence, amends the Defence Force Regulations to revise and consolidate legislative provisions for defence practices, operations, surveys, and associated matters. Effective from 1 July 1985, these new provisions apply across all three branches of the Australian Defence Force and supersede the existing regulations that previously governed these areas. This consolidation includes provisions related to compensation assessments for damage or loss sustained by landowners due to defence practices, appeals against such compensation assessments, weekend camps and bivouacs, claims for compensation for surveying damages, and safe distances and procedures for excluding ships, boats, or persons from the vicinity of defence practices. The changes render redundant the specific regulations (816, 816A, 817, 818, and 819) of Divisions 3 and 4 of Part XIII of the Australian Military Regulations, which are repealed by the Statutory Rule. The jurisdictional reach of these amendments is national, applying to all activities and practices within the Australian Defence Force across the Commonwealth of Australia.
Key Provisions
The Australian Military Regulations (Amendment) Statutory Rule 1985 No. 90, issued under the authority of the Minister for Defence, introduces significant amendments to the Defence Force Regulations, effective from 1 July 1985. The main operative sections of this amendment concern the assessment of compensation for damage or loss sustained by landowners (Regulation 816), the provision for an appeal process against such compensation assessments (Regulation 816A), weekend camps and bivouacs (Regulation 817), claims for compensation for damage done during land surveying (Regulation 818), and safe distances and exclusion procedures for ships, boats, or persons from the vicinity of defence practices (Regulation 819). These provisions are designed to comprehensively address various aspects of defence practices and operations, thereby rendering the older regulations redundant.
The Act imposes several obligations and requirements on the parties involved. For instance, the Defence Force must assess compensation for any damage or loss incurred by landowners due to military practices on their property (Regulation 816). Additionally, landowners have the right to appeal any compensation assessment they deem unfair (Regulation 816A). The Act also mandates that the Defence Force provide for weekend camps and bivouacs, ensuring that necessary arrangements are in place for troops (Regulation 817). Furthermore, the Defence Force is required to compensate for any damage caused during the surveying of land for defence practices (Regulation 818) and must establish and enforce safe distances and exclusion zones around practice areas to ensure the safety of ships, boats, and persons (Regulation 819).
Breach of these provisions can result in various legal consequences. While the Act does not explicitly outline specific offences or penalties for non-compliance, it is implicit that failure to adhere to these regulations could lead to legal action or administrative penalties. For example, if the Defence Force fails to properly assess or compensate for damages, landowners may pursue legal remedies. Similarly, if the Defence Force does not enforce safe distances or exclusion zones effectively, it could face liability for any resulting damages or injuries. Although the Act does not specify maximum penalties, breaches of such magnitude could potentially result in substantial civil or administrative consequences.