Control of Naval Waters Amendment Act 1978

Legislation au C2004A01807 Not in force Act

Legislation content

CONTROL OF NAVAL WATERS AMENDMENT ACT 1978

No. 8 of 1978

An Act to amend the Control of Naval Waters Act 1918, and for related purposes.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Control of Naval Waters Amendment Act 1978.

(2) The Control of Naval Waters Act 1918 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

3. Sections 2 and 3 of the Principal Act are repealed and the following sections substituted:

Interpretation

“2. (1) In this Act, unless the contrary intention appears—

‘aircraft’ means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft;

‘defence land’ means land used by the Commonwealth for purposes related to the defence of the Commonwealth, and includes—

(a) land set apart for, or dedicated to, a public purpose, being a purpose related to the defence of the Commonwealth, by the Governor-General under section 54 of the Lands Acquisition Act 1955; and

(b) land reserved under a law of a Territory for a purpose related to the defence of the Commonwealth;

‘exempt vessel’ means—

(a) a vessel belonging to, or used by, the Commonwealth, including a vessel belonging to, or used by, the Australian Navy; or

(b) a vessel that is, by virtue of a Proclamation in force under section 3a, an exempt vessel;

‘hovercraft’ means a vehicle that is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;

‘installation’ means—

(a) a naval establishment, dock, dockyard, slipway, victualling yard, arsenal, wharf or mooring owned or used by the Commonwealth; or

(b) any fixed structure, apparatus or equipment used by the Commonwealth for purposes related to the naval defence of the Commonwealth;

‘master’, in relation to a vessel, means the person having the command or charge of the vessel;

‘nautical mile’ means an international nautical mile;

‘naval waters’ means waters that, by virtue of a Proclamation in force under section 3b, are naval waters for the purposes of this Act;

‘sea’ includes any waters within the ebb and flow of the tide;

‘seaplane’ includes a flying boat and any other aircraft designed to manoeuvre on water;

‘superintendent’ means a superintendent appointed under section 3c and, in relation to any naval waters, means the superintendent in whose instrument of appointment those naval waters are specified;

‘vessel’ means any kind of vessel used in navigation by water however propelled or moved and includes a hovercraft or a seaplane on or in water and any other thing capable of carrying persons or goods on, in or under water;

‘waters’ means waters of the sea.

 

“(2) A reference in the succeeding provisions of this Act (other than section 3a) to a vessel, not being a reference to an exempt vessel, shall be read as not including a reference to an exempt vessel.

Extension of Act to Territories

“3. This Act extends to the external Territories, other than the Australian Antarctic Territory.

Declaration of vessels as exempt vessels

“3a. The Governor-General may, by Proclamation, declare all vessels, or a specified vessel, belonging to, or used by, the naval forces of a specified country to be exempt vessels or an exempt vessel, as the case may be, for the purposes of this Act.

Declaration of waters as naval waters

“3b. (1) This section applies to—

(a) waters that are wholly within a distance of 5 nautical miles from, or from the limits of, an installation; or

(b) waters that are wholly within a distance of 2 nautical miles from the limits of defence land on which there is not an installation.

 

“(2) The Governor-General may, by Proclamation, declare that specified waters, being waters to which this section applies, are naval waters for the purposes of this Act.

Appointment of superintendents

“3c. (1) The Governor-General may, by instrument in writing, appoint a person to be the superintendent of such naval waters as are specified in the instrument.

 

“(2) An appointment under sub-section (1) may specify the person to whom the appointment relates by reference to the office or position that the person holds or the functions or duties that the person performs.”.

Power to make regulations

4. Section 4 of the Principal Act is amended—

(a) by omitting paragraph (b) and substituting the following paragraph:

“(b) for appropriating any space in naval waters as a mooring place or anchoring ground for the exclusive use of exempt vessels;

(b) by adding at the end of paragraph (h) “or on the foreshore of any specified part of any naval waters”;

(c) by omitting from paragraph (i) “vessels of the Commonwealth” and substituting “exempt vessels”;

(d) by omitting paragraphs (k) and (1) and substituting the following paragraphs:

“(k) for conferring upon prescribed persons power to remove from, or from the foreshore of, any naval waters persons—

(i) who, in those waters or on the foreshore of those waters, have contravened the regulations; or

(ii) who, by entering into those waters or onto the foreshore of those waters, have contravened the regulations;

“(l) for prohibiting, restricting or regulating the entry of—

(i) vessels or persons into any naval waters or any specified part of any naval waters;

(ii) aircraft or persons into the airspace over any naval waters or any specified part of any naval waters; or

(iii) aircraft, vehicles or persons onto the foreshore of any naval waters or any specified part of the foreshore of any naval waters;

“(m) for prohibiting, restricting or regulating the doing of any act or thing—

(i) in any naval waters or any specified part of any naval waters;

(ii) in the airspace over any naval waters or any specified part of any naval waters; or


(iii) on the foreshore of any naval waters or any specified part of the foreshore of any naval waters;

“(n) generally for making provision for the proper protection of—

(i) installations in, or on the foreshore of, any naval waters; and

(ii) exempt vessels within any naval waters; and

“(o) for prescribing penalties, not exceeding $1,000 or imprisonment for 6 months, for any contravention of, or failure to comply with, the regulations.”; and

(e) by adding at the end thereof the following sub-section:

“(2) Without limiting the generality of the power of the Governor-General to make regulations under this section, the regulations may—

(a) prohibit the doing of an act or thing absolutely; or

(b) prohibit the doing of an act or thing unless the approval of a specified person to the doing of the act or thing has been obtained.”.

Construction of certain buildings, &c., may be prohibited

5. Section 5 of the Principal Act is amended by omitting “defined” (wherever occurring).

6. Section 6 of the Principal Act is repealed and the following sections substituted:

Power of superintendent to give directions concerning vessels within naval waters, &c.

“6. (1) Where a vessel is within any naval waters, the superintendent of those naval waters may give to the master of the vessel directions as to the mooring, anchoring, placing, unmooring or removal of the vessel.

“(2) The master of a vessel shall not fail to comply with a direction given to him under sub-section (1).

Penalty: $1,000.

“(3) If—

(a) there is no person on board a vessel within any naval waters to comply with directions given or proposed to be given under sub-section (1) by the superintendent of those naval waters; or

(b) the master of a vessel within any naval waters refuses or fails to comply with directions given under sub-section (1) by the superintendent of those naval waters,

the superintendent may cause the vessel to be moored, anchored, placed, unmoored, or removed in compliance with directions given by him, and, for that purpose, may do, or cause to be done, such acts or things as he considers necessary.

Power of superintendent to give directions concerning aircraft, vehicles or vessels on foreshore of naval waters, &c.

“6a. (1) Where an aircraft, vehicle or vessel is on the foreshore of any naval waters, the superintendent of those naval waters may give to the person having the command or charge of the aircraft, vehicle or vessel directions as to the placing or removal of the aircraft, vehicle or vessel.

 

“(2) The person having the command or charge of an aircraft, vehicle or vessel shall not fail to comply with a direction given to him under sub-section (1).

Penalty: $1,000.

 

“(3) If—

(a) there is no person having the command or charge of an aircraft, vehicle or vessel that is on the foreshore of any naval waters to comply with directions given or proposed to be given under sub-section (1) by the superintendent of those naval waters; or

(b) the person having the command or charge of an aircraft, vehicle or vessel that is on the foreshore of any naval waters refuses or fails to comply with directions given under sub-section (1) by the superintendent of those naval waters,

the superintendent may cause the aircraft, vehicle or vessel to be placed or removed in compliance with directions given by him, and, for that purpose, may do, or cause to be done, such acts or things as he considers necessary.”.


Power to remove vessel, wreck, &c.

7. Section 7 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“(1) The superintendent of any naval waters may cause to be removed—

(a) any wreck or other thing that is an obstruction to, or to the approaches to, those naval waters;

(b) any floating timber that impedes the navigation of those naval waters; or

(c) any vessel wrecked, laid by, abandoned, sunk, stranded or neglected that is lying within, or on the foreshore of, those naval waters.”.

 

8. Section 8 of the Principal Act is repealed and the following section substituted:

Recovery of expenses of removal of vessels, &c.

“8. (1) The expenses incurred by the Commonwealth by reason of the exercise by a superintendent of a power conferred on him by sub-section 6(3) or 6a(3) or section 7, shall, on demand, be paid to the Commonwealth by the owner of the property in relation to which the power was exercised.

“(2) Where the Commonwealth has incurred expenses referred to in sub-section (1), the superintendent may detain the property in respect of which the expenses were incurred until payment of those expenses in accordance with that sub-section.

 

“(3) If, after the expiration of 3 months after the making of a demand for the payment of expenses referred to in sub-section (1), payment of those expenses has not been made to the Commonwealth, the Commonwealth may cause to be sold by public auction the property in respect of which the expenses were incurred and, out of the proceeds of the sale, may, to the extent that the amount of those proceeds allows, recover those expenses and the expenses of the sale.

 

“(4) For the purposes of a sale under sub-section (3), the Commonwealth shall be deemed to be the absolute owner of the property the subject of the sale.

 

“(5) Where, after the recovery of expenses from the proceeds of a sale under sub-section (3), a surplus remains, the Commonwealth shall, on demand by the owner of the property the subject of the sale, pay that surplus to the owner.

 

“(6) Where the proceeds of a sale of property under sub-section (3) are not sufficient to recover the expenses incurred in respect of the property and the expenses of the sale, any deficiency is recoverable by the Commonwealth from the owner of the property in any court of competent jurisdiction as a debt due to the Commonwealth.”.

Savings

9. (1) An instrument defining the limits of any naval waters made by the Governor-General under section 3 of the Principal Act and in force immediately before the commencement of this Act continues in force after that commencement as if it had been a Proclamation made by the Governor-General under section 3b of the Principal Act as amended by this Act.

(2) Regulations made under the Principal Act and in force immediately before the commencement of this Act continue in force after that commencement as if made under the Principal Act as amended by this Act.

(3) Where, before the commencement of this Act, a Senior Naval Officer incurred expenses in the execution of any power conferred upon him by section 6 or 7 of the Principal Act, section 8 of the Principal Act continues to apply to and in relation to—

(a) the repayment of those expenses;

(b) the detention and sale of a vessel, wreck, thing or timber;

(c) the recovery of any deficiency from the owner of the vessel, wreck, thing or timber; and

(d) the payment to the owner of any surplus.

Overview

The Control of Naval Waters Amendment Act 1978 amends the Control of Naval Waters Act 1918 to enhance the regulation of naval waters in Australia. Enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, this Act aims to address gaps in the existing framework by providing more comprehensive provisions for the management and control of naval waters, installations, and associated activities. It allows for the declaration of specific waters as naval waters and exempt vessels, while also granting the Governor-General the power to appoint superintendents for these areas. The policy objective of the Act is to ensure the effective protection and management of naval waters and installations, facilitating the nation's defence operations.

Scope and Application

The Control of Naval Waters Amendment Act 1978 amends the Control of Naval Waters Act 1918, extending the legislative reach of the latter to the external Territories, with the exception of the Australian Antarctic Territory. The Act applies to the declaration of vessels as exempt vessels, the declaration of waters as naval waters, and the appointment of superintendents to enforce regulations concerning these waters. It specifically targets vessels belonging to, or used by, the Commonwealth, including the Australian Navy, as well as those vessels declared by the Governor-General to be exempt. The Act also applies to waters that are within specified distances from installations or defence land and can be declared as naval waters by the Governor-General. The scope of the Act includes the power to make regulations for the proper protection of installations and exempt vessels, as well as the prohibition, restriction, or regulation of various activities within or around naval waters. Superintendents appointed under the Act have the authority to give directions to vessel masters and to individuals in charge of aircraft, vehicles, or vessels on the foreshore of naval waters, and to remove obstructions or neglected vessels within these waters. The Act further details the recovery of expenses incurred by the Commonwealth from the owners of the relevant property.

Key Provisions

The Control of Naval Waters Amendment Act 1978 (C2004A01807) amends the Control of Naval Waters Act 1918, introducing significant changes to the regulatory framework governing naval waters in Australia. Under the new provisions, the Governor-General has the authority to declare vessels belonging to, or used by, the naval forces of specified countries as exempt vessels (Section 3a). Additionally, the Governor-General can designate specific waters as naval waters (Section 3b) and appoint superintendents responsible for the management and enforcement of regulations within these areas (Section 3c). The Act further extends its application to the external territories, excluding the Australian Antarctic Territory (Section 3). The amended Act imposes several obligations on parties and entities within its purview. The superintendents appointed under Section 3c are empowered to give directions to vessel masters and commanders of aircraft, vehicles, or vessels on the foreshore of naval waters regarding mooring, anchoring, placing, unmooring, or removal of these vessels and craft (Section 6 and 6a). These directives must be complied with, and failure to do so may result in enforcement actions by the superintendent, including the physical movement or removal of the vessels or craft in question (Section 6(3) and 6a(3)). Additionally, superintendents can remove obstructions, such as wrecks, floating timber, or abandoned vessels, that impede navigation or pose a hazard within naval waters (Section 7). The Act also stipulates the financial repercussions for non-compliance. If a master or commander fails to comply with directions issued by a superintendent, they are liable to a penalty of up to $1,000 (Section 6(2) and 6a(2)). Furthermore, any expenses incurred by the Commonwealth due to the exercise of powers under Sections 6(3), 6a(3), or 7 must be paid by the property owner upon demand (Section 8(1)). Failure to pay these expenses within three months may result in the Commonwealth detaining and subsequently selling the property, with the proceeds used to recover the expenses and sale costs (Section 8(3) and 8(4)). Any surplus from the sale must be returned to the property owner, while any deficiency is recoverable as a debt by the Commonwealth (Section 8(5) and 8(6)). The Act also provides for the continuation of existing instruments and regulations that were in force before its commencement, ensuring a smooth transition and maintaining the legal continuity of ongoing regulatory activities (Section 9).

Legal classification tags

Area of Law
Administrative Law
Environmental Law
Property Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Prohibited Conduct
Enforcement Powers
Compliance Obligations
Offence Provisions

Interactions

Authorises

All Versions

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.