Control of Defence Areas Regulations (Amendment)

Legislation au C1929L00018 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1929. No. 18.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1927.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1927, to come into operation forthwith.

Dated this thirteenth day of February, 1929.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

T. W. GLASGOW

Minister of State for Defence.

 

Control of Defence Areas Regulations.

(Statutory Rules 1927, No. 109.)

(First Amendment.)

1. Regulation 2 of the Control of Defence Areas Regulations is amended by omitting the definition of “The Minister” and inserting in its stead the following definition:—

“‘The Minister’ means the Minister of State administering the Defence Act 1903-1927, and includes any Member of the Executive Council for the time being acting in his stead.”

2. After regulation 2 of the Control of Defence Areas Regulations the following regulation is inserted:—

“2a. The Minister may, by writing under his hand, delegate to any person any of his powers or functions under these Regulations so that the delegated powers or functions may be exercised by the person with respect of the matters specified in the instrument of delegation.”

3. Regulation 4 of the Control of Defence Areas Regulations is amended by inserting in subregulation (2), after the word “building”, the words “or erections”.

8.—Price 5d.


4. Table A of The Schedule to the Control of Defence Areas Regulations is amended as follows:—

(i) In the State of New South Wales, County of Northumberland, under the sub-heading City and Parish of Newcastle, after paragraph (c) insert the following paragraph:—

“(d) All that piece or parcel of land in the City and Parish of Newcastle, County of Northumberland: Commencing at the southernmost corner of a piece of land appropriated for tramway purposes 24th February, 1903; thence northerly by a straight line to the southwestern corner of land dedicated for Defence purposes 29th June, 1894; thence northerly by the western boundary of that land and that boundary produced being a line bearing 7 degs: 9 mins. to the high-water mark of Port Hunter; thence south-westerly by that high-water mark to its intersection with the production northerly of the eastern side of Brown-street; thence southerly by that production and the eastern side of Brown-street and the eastern side of The Terrace; thence easterly by the southern side of Pitt-street; thence southerly by the western side of Wolfe-street; thence easterly by the southern side of Ordnance-street, and thence north-easterly by the high-water mark of the South Pacific Ocean to its intersection with the production southerly of the line firstly herein mentioned and thence northerly by that production to the point of commencement.”;

(ii) In the State of New South Wales omit, under the heading “County of Northumberland”, the sub-headings “Parish of Pens” and “Parish of Tomaree” and descriptions of land under those sub-headings;

(iii) In the State of New South Wales, County of Gloucester, omit sub-heading “Parish of Stockton” and description of land thereunder and insert in their stead the following sub-headings and descriptions of land:—

Parish of Stockton.

(a) All that piece or parcel of land in the Parish of Stockton, County of Gloucester: Commencing at the intersection of the northern side of Ultimo-street with the high-water mark of Newcastle Bight; thence westerly by the northern side of Ultimo-street; thence northerly by the high-water mark of Port Hunter; thence easterly by the southern boundary of portion 8; and thence southerly by the high-water mark of Newcastle Bight to the point of commencement.


(b) All that piece or parcel of land in the Parish of Stockton, County of Gloucester: Commencing at the intersection of the northern side of Ultimo-street with the high-water mark of Newcastle Bight; thence westerly by the northern side of Ultimo-street to its intersection with the high-water mark of Port Hunter; thence southerly and easterly by the high-water mark of Port Hunter to the eastern extremity of the northern breakwater and thence south-westerly and northerly by the high-water mark of Newcastle Bight to the point of commencement.

Parish of Fens.

All that piece or parcel of land in the Parish of Fens, County of Gloucester: Commencing on high-water mark of the South Pacific Ocean at North-Head; thence south-westerly, westerly, and north-westerly by that high-water mark and the high-water mark of Port Stephens for a distance of about 2 miles; thence north-westerly by a line about 9 chains; and thence generally easterly by the high-water mark of the South Pacific Ocean to the point of commencement.

Parish of Tomaree.

(a) All that piece or parcel of land in the Parish of Tomaree, County of Gloucester: Commencing on the high-water mark of Fingal Bay at its intersection with the production southerly of the western boundary of portion 173; thence northerly by that production, that western boundary, and the production northerly of that boundary to the high-water mark of Shoal Bay; thence northerly by the high-water mark of Shoal Bay; and thence generally southerly, easterly, and westerly by the high-water mark of the South Pacific Ocean and Fingal Bay to the point of commencement.

(b) All that piece or parcel of land, being part of Parish of Tomaree, County of Gloucester: Commencing at a point being the intersection of the western boundary of portion 49, Parish of Tomaree, with the high-water mark of Port Stephens; thence southerly by part of that western boundary to a point being a northeastern corner of portion 27; thence westerly by the northernmost boundary of portion 27; thence southerly by the western boundary of portion 27 and its production southerly to its intersection with


the production easterly of the southern boundary of portion 20, Parish of Tomaree; thence westerly by the last-mentioned production and the southern boundary of portion 20 to a point on the high-water mark of Port Stephens; thence northerly by that high-water mark to Carumba or Mud Point; thence southerly, easterly, and northerly by the high-water mark of Cromarty’s Bay; thence northerly by the high-water mark of Port Stephens to Soldiers’ Point; thence southerly by the high-water mark of Port Stephens to Wanda Wanda or Round Head; thence easterly and northerly by the high-water mark of Salamander Bay to Corlette Point; thence easterly by the high-water mark of Port Stephens to Sandy Point; and thence further easterly by that high-water mark to the commencing point.”; and

(iv) In the State of South Australia, County of Adelaide, under the sub-heading “Hundred of Yatala” omit the word “Glenelg” and insert in its stead the words “Henley Beach”.

(v) In the State of Western Australia omit the sub-headings “Fremantle” and “North Fremantle, Cottesloe” and descriptions of land under those sub-headings, and insert in their stead the following sub-heading and description of land:—

Fremantle and Perth Areas.

All that piece or parcel of land in the State of Western Australia, Commonwealth of Australia, within the boundaries: Commencing at a point in the low-water-mark of the Indian Ocean due west of the north-western end of the southwestern side of a road through Swan Location 1911 distant about 2 miles 24 chains northerly from the south-western corner of Swan Location 2301 and about 8 miles 50 chains northerly from the North Mole at the entrance to Fremantle Harbour; and extending thence easterly by a line to the end of the side of the road abovementioned; thence southeasterly by south-western sides of that road; thence south-westerly by a north-western side of that road to its intersection with the production westerly of the southern side of a road bearing east and west; thence easterly by that production and that side of that road to the north-eastern corner of Swan Location 617; thence easterly by the northern boundary of Swan Location 571; thence northerly by part


of the eastern boundary of Location 585; thence easterly by the southern boundary of Location Am and that boundary produced to the western side of Selby-street, Leederville; thence southerly by the western side of Selby-street to the southern side of Cambridge-street; thence easterly by the southern side of Cambridge-street to the western side of Oxford-street; thence southerly by the western side of Oxford-street and that side produced to the north-eastern boundary of the railway from Leederville to Perth; thence south-easterly by that boundary of that railway to the overhead bridge at Loftus-street; thence south-westerly by the north-western side of the overhead bridge and the north-western side of Thomas-street, Perth, to the northern side of Bagot-road; thence southerly by a straight line to the northernmost corner of King’s Park; thence southerly by a straight line across King’s Park and Melville Water to the north-western end of the south-western side of Ardross-street, Applecross; thence south-easterly by that side of Ardross-street and that side produced to the south-eastern side of Canning-road; thence south-westerly by that side of Canning-road to the western side of North Lake-road; thence generally southerly by the western side of North Lake-road the western side of Warthwyke-road and the western side of Forrest-road to the northern side of the railway from Fremantle to Armadale; thence generally westerly by that side of that railway to the western side of Hamilton-road; thence southerly by the western side of Hamilton-road to the northern side of Ocean-road; thence westerly by the northern side of Ocean-road and that side produced to the low-water-mark of the Indian Ocean; thence north-westerly by that low-water-mark to the seaward extremity of the South Mole at Fremantle; thence northwesterly by a straight line to the low-watermark at the seaward extremity of the North Mole at Fremantle; and thence north-easterly and northerly by the low-water-mark of the Indian Ocean to the point of commencement.”

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Control of Defence Areas Regulations were enacted in 1929 under the Defence Act 1903-1927 with the aim of addressing the need for clear guidelines and regulatory measures to control and manage defence areas. This statutory instrument was created by the Governor-General in Council, a body acting with the advice of the Federal Executive Council. The primary policy objective of these regulations was to ensure that defence areas were properly managed and controlled to safeguard national security interests. This legislative instrument outlines the amendment of existing regulations and the introduction of new provisions to provide greater flexibility in the delegation of powers and functions related to the control of defence areas, as well as the specification of particular defence areas within various states. These regulations were designed to provide a framework for the administration and control of defence areas, ensuring that the necessary measures were in place to protect Australia's defence interests. The Control of Defence Areas Regulations 1929 provided a comprehensive set of rules and guidelines that allowed for the effective management of defence areas and the exercise of powers and functions by the relevant authorities. This legislation aimed to address the identified gap in the Defence Act 1903-1927 by providing a more detailed and specific regulatory framework for the control of defence areas.

Scope and Application

The Control of Defence Areas Regulations 1929, made under the Defence Act 1903-1927, apply to the Minister of State administering the Defence Act, which includes any Member of the Executive Council acting in the Minister's stead. These regulations are specifically tailored to control areas designated as Defence areas, which are identified by precise geographic descriptions within the State of New South Wales, County of Northumberland, and the State of South Australia, County of Adelaide, among other locations. The regulations also extend to the State of Western Australia, encompassing the areas of Fremantle and Perth. The Minister has the authority to delegate any of their powers or functions under these regulations to any person, specifying the matters for which these powers or functions can be exercised. These regulations do not specify any exclusions, exemptions, or thresholds, but their application can be extended or restricted through subordinate instruments. The geographic reach of these regulations is limited to specific areas designated as Defence areas, as outlined in the detailed descriptions provided within the regulations.

Key Provisions

The Control of Defence Areas Regulations, as amended, establish the legal framework governing areas designated for defence purposes under the Defence Act 1903-1927. Regulation 2 now defines "The Minister" as the Minister of State administering the Defence Act, including any Member of the Executive Council acting in the Minister's stead (Regulation 2). Furthermore, the Minister is granted the authority to delegate any of their powers or functions to another person, as specified in the delegation instrument (Regulation 2a). The scope of the Defence Areas is expanded to include "erections" in addition to buildings (Regulation 4(2)). The geographical descriptions of defence areas have been updated to reflect new parcels of land in various states, including the addition of land in the City and Parish of Newcastle in New South Wales, and modifications to areas in the Counties of Northumberland and Gloucester in New South Wales, and County of Adelaide in South Australia, among others (Schedule, Table A). These Regulations impose several obligations on the parties involved. The Minister, as defined, is responsible for administering the Defence Act and may delegate certain powers or functions. Any person to whom powers or functions are delegated must exercise them strictly in accordance with the terms of the delegation. Additionally, the descriptions of defence areas must be adhered to, ensuring that activities within these areas are subject to the regulations governing defence land. Compliance with these obligations is crucial to maintaining the integrity and security of defence areas. Failure to comply with the provisions of the Control of Defence Areas Regulations can result in various civil and criminal consequences. While the Regulations themselves do not specify particular offences or penalties, breaches of these Regulations may lead to actions under the Defence Act or other relevant legislation, which could include fines or imprisonment. The exact penalties would depend on the specific breach and the applicable law at the time of the offence. It is essential for all parties to be aware of and comply with the regulations to avoid potential legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.