Control of Naval Waters Act 1918 - Proclamation (14/12/2009)

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Defence

Control of Naval Waters Act 1918

Revocation And Declaration Of Naval Waters

Proclamation

Subsection 3B(2) of the Control of Naval Waters Act 1918 (the Act) provides that the Governor-General may, by Proclamation may declare specified waters as naval waters for the purposes of the Act. Subsection 3B(1) of the Act advises that such Proclamations apply to waters within five nautical miles of an installation or within two nautical miles of defence land without an installation.

The purpose of the Act is to provide for the protection of installations and/or land owned or used by the Commonwealth for purposes related to the defence of the Commonwealth. In particular, the declaration of naval waters allows for access control to be invoked in times of heightened security, when active policing of the waters is likely to be required and involves approaching facilities. It is the policy of the Royal Australian Navy (Navy) to maintain naval waters only around facilities required for strategic needs.

A 2004 review undertaken by the Navy highlighted the inconsistent approach to the declaration of naval waters around Australia and specifically the absence of declared naval waters in certain strategic geographic locations. In March 2005, all instruments which declared naval waters in particular states and territories (states) of Australia were revoked, and a single Proclamation made in order to ensure a consistent approach to the declaration of naval waters throughout Australia.

This instrument revokes the Proclamation made in 2005 and makes a new Proclamation, incorporating changes and updated wording reflecting guidance provided by the Geoscience Australia publication “Guidelines for Describing Maritime Boundaries” (Version 1.0 dated December 2006).

The new Proclamation better reflects the Navy’s requirements. It also corrects minor plotting errors and aligns some extant naval waters to the appropriate corresponding geographical areas declared under other Acts or Regulations.

The amendments minimise confusion and enable the Navy to more efficiently regulate, restrict and if necessary prohibit any activity conducted in the area. Naval waters pertaining to 13 facilities are not modified by the Proclamation.

The Attachment specifies the revocation and amendment of extant naval waters, and the declaration of new naval waters, which are effected by the Proclamation. The Attachment also identifies the extant naval waters which are not modified.

The relevant state port and maritime authorities have been consulted and have agreed or noted the changes to naval waters within their jurisdictions.

The Act does not specify any conditions that need to be satisfied before the power to make the Proclamation may be exercised.

The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA) and is exempt from disallowance pursuant to item 3 of Schedule 2 of the Legislative Instruments Regulations 2004 (the Regulations) and is also exempt from sunsetting pursuant to item 3 of Schedule 3 of the Regulations.

The Proclamation commences on the day it is registered on the Federal Register of Legislative Instruments.

Attachment

Revocation, Amendment and Declaration of Naval Waters

The former facility HMAS PLATYPUS, New South Wales (NSW) was transferred to the Sydney Harbour Federation Trust in July 2005. Naval waters are also no longer required at the Royal Edward Victualling Yard (NSW) and Defence Science and Technology Organisation (DSTO) Pyrmont facility. There are no operational requirements that support the retention of naval waters at these sites.

The Proclamation revokes naval waters pertaining to the following facilities:

The naval waters pertaining to Spectacle Island in Sydney Harbour (NSW) are amended to correct a minor plotting error. HMAS CERBERUS, Victoria (VIC) naval waters require adjustment to update safety arcs for the redeveloped rifle range. Point Wilson Explosives Wharf (VIC) naval waters require adjustment in order to align with the maritime security zone declared under the Maritime Trade and Offshore Facilities Security Act 2003.

The naval waters coordinates pertaining to HMAS STIRLING, Western Australia (WA) are amended to correct a minor typographical error. Point Murat Wharf naval waters in Exmouth (WA) require adjustment in order to align with the existing area of Commonwealth-owned seabed. HMAS CAIRNS naval waters in Queensland are amended to include the waters adjacent to the Sugar Wharf.

The Proclamation amends naval waters pertaining to the following facilities:

The amendment declares naval waters pertaining to the Eden Ammunition Wharf in Twofold Bay (NSW), the Shark Island Mine Counter Measures Vessel (North) magnetic signature measurement range in Sydney Harbour (NSW) and the Naval Buoy in Dampier Harbour (WA) in order to ensure the protection of these waters.

The Proclamation declares naval waters pertaining to the following facilities:

The Proclamation modifies naval waters pertaining to the following facilities: