Control of Defence Areas Regulations (Repeal) 1995 No. 113
EXPLANATORY STATEMENT STATUTORY RULES 1995 No. 113
Issued by the Authority of the Minister for Defence Defence Act 1903
Control of Defence Areas Regulations (Repeal) Background
The Control of Defence Areas Regulations (the Principal Regulations) made under the Defence Act 1903, provided the framework of a scheme (now obsolete) for the declaration of defence areas in which the construction of buildings was controlled or prohibited. Many of the airfields that were covered no longer exist, and the Principal Regulations did not cover most of the current Defence airfields. The Principal Regulations dated from before World War II and had no practical application, as they had been obsolete for many years.
The Principal Regulations had been superseded by a new scheme for controlling the heights of buildings near defence airfields. That scheme is being implemented by the progressive extension of the Defence (Areas Control) Regulations to areas of land near the airfields. The Defence (Areas Control) Regulations are also made under the Defence Act 1903.
The repeal of the Principal Regulations was considered some years ago, before the first application of the Defence (Areas Control) Regulations (to Nowra Airfield in New South Wales), but was postponed because the administrative arrangements for the Defence (Areas Control) Regulations scheme were then not fully in place.
Subsequently, the Principal Regulations were clearly replaced by the progressive extension of the Defence (Areas Control) Regulations, and needed to be repealed.
Changes
The Regulations repeal the Principal Regulations. Commencement
The Regulations came into operation on the date of gazettal.
Overview
The Control of Defence Areas Regulations (Repeal) 1995 No. 113, issued under the Defence Act 1903, was enacted to address the obsolescence and redundancy of the Control of Defence Areas Regulations. These outdated regulations, originally made under the Defence Act 1903, provided a framework for controlling building construction in declared defence areas. However, with the advent of new Defence (Areas Control) Regulations, which focus on the heights of buildings near defence airfields, the original regulations had become obsolete and no longer served a practical purpose. The repeal of the Control of Defence Areas Regulations was necessitated by their lack of contemporary application and the comprehensive coverage provided by the newer regulations. The objective of the repealing legislation was to streamline and modernise the regulatory framework governing defence areas, ensuring that the regulations in force are both relevant and effective in managing current defence requirements.
Scope and Application
The Control of Defence Areas Regulations (Repeal) 1995 No. 113 pertains to the repeal of the outdated Control of Defence Areas Regulations made under the Defence Act 1903. These regulations, which were originally established to control or prohibit the construction of buildings within defence areas, have become obsolete due to the closure of many of the airfields they once covered and the implementation of a new scheme that regulates building heights near defence airfields. The repeal of these regulations was necessary as they no longer held practical application and have been superseded by the Defence (Areas Control) Regulations, which are progressively being extended to cover areas near defence airfields. This repeal was considered some years ago but was postponed until the administrative arrangements for the new scheme were fully established. The repeal became necessary to ensure that the legal framework aligns with current operational needs and practices, thereby avoiding any confusion or unnecessary restrictions on property development in areas near defence airfields. The repeal of these regulations came into effect on the date of their gazettal.
Key Provisions
The main operative sections of the Control of Defence Areas Regulations (Repeal) 1995 No. 113 (the Regulations) pertain to the repeal of the Control of Defence Areas Regulations (the Principal Regulations) made under the Defence Act 1903 (section 1). This repeal reflects the outdated nature of the Principal Regulations, which governed the construction of buildings in defence areas. With many of the designated airfields no longer existing and the Principal Regulations being superseded by the Defence (Areas Control) Regulations, the repeal of the Principal Regulations was deemed necessary. The Regulations themselves came into operation on the date of gazettal (section 2).
The Act imposes obligations on the relevant authorities to ensure that the Principal Regulations are no longer applicable. The repeal of the Principal Regulations signifies the transition to the Defence (Areas Control) Regulations, which provide a more contemporary and practical framework for controlling building heights near defence airfields. The authorities must ensure that the new regulations are implemented effectively and that the administrative arrangements are fully in place to manage the new scheme.
Under the Act, any breach of the repealed Principal Regulations would no longer be enforceable as the Regulations have been repealed. However, any violations of the Defence (Areas Control) Regulations, which now govern the control of building heights near defence airfields, would be subject to the penalties and consequences outlined in the Defence (Areas Control) Regulations themselves. It is important to note that the maximum penalties for breaches of the Defence (Areas Control) Regulations are not specified in the explanatory statement but would be detailed in the Defence (Areas Control) Regulations.