STATUTORY RULES.
1955. No. 2.
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REGULATIONS UNDER THE CONTROL OF NAVAL WATERS ACT 1918.*
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 Control of Naval Waters Act 1918.
Dated this thirty-first day of March, 1955.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
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Amendments of the Control of Naval Waters Regulations.†
First Schedule.
1. The First Schedule to the Control of Naval Waters Regulations is amended by adding at the end of the paragraph headed “ PORT JACKSON.” the following words:—
“ LIMITS OF NAVAL WATERS, HUNTER BAY (AS SHOWN IN PLAN K IN THE SECOND SCHEDULE).
All waters within an area bounded by the following lines:—
A line drawn in a 000° direction, 330 feet from a position A on the high water mark of Port Jackson (233°, 700 feet, or about 760 feet, from the north-eastern extremity of the jetty known as Balmoral Naval Jetty) to a position B; a line drawn in a 043° direction, 490 feet from position B to a position C; a line drawn in a 066° direction, 600 feet from position C to a position D; a line drawn in a 157° direction from position D to a position E on the high water mark of Port Jackson; and a line drawn along the high water mark of Port Jackson from position E to position A.”.
* Notified in Commonwealth Gazette on , 1955.
† Statutory Rules 1922, No. 74, as amended by Statutory Rules 1927, No. 147; 1931, No. 7; 1935, No. 92; 1937, No. 12; 1938, No. 43; 1941, No. 145; 1943, Nos. 71, 216 and 310; 1947, Nos. 45 and 117; 1948, No. 148; and 1953, No. 60.
497.–––Price 3d. 9/11.2.1955.
Second Schedule.
2. The Second Schedule to the Control of Naval Waters Regulations is amended by inserting after Plan J the following plan :—
Printed for the Government of the Commonwealth by A. J. Arthur at the Government Printing Office, Canberra.
Overview
The Control of Naval Waters Act 1918 was enacted to provide for the control of certain waters in Australia for naval purposes. The Act aimed to address the need for the Australian government to regulate and manage specific waters to ensure the protection and security of naval assets and operations. These regulations were introduced by the Commonwealth Parliament, the federal legislative body of Australia, to ensure the efficient and effective management of naval waters. The policy objective of the Act is to safeguard the nation's maritime interests and maintain the security of Australia's coastal waters. The Control of Naval Waters Regulations 1955 were made under the authority of the Act to further specify and define the areas of naval waters, including the addition of Hunter Bay to the list of controlled waters.
Scope and Application
The Control of Naval Waters Regulations, made under the Control of Naval Waters Act 1918, apply to all waters within the defined limits of the naval waters in Australia, including Hunter Bay. These regulations govern the conduct, activities, and transactions within these designated areas, which are crucial for the national defence and security of Australia. The geographic reach of these regulations is confined to Commonwealth waters, specifically those areas outlined and detailed within the legislation and its amendments. Any person or entity engaging in activities within these waters, including commercial shipping, recreational boating, and fishing, must comply with the stipulations set forth in these regulations. The legislation includes specific exclusions and exemptions that can be found in the detailed provisions and amendments of the regulations. The application of these regulations can be further extended or restricted by subordinate instruments, providing flexibility in addressing emerging security concerns or operational requirements.
Key Provisions
The key operative sections of these Regulations under the Control of Naval Waters Act 1918 (sections 497) pertain to the amendment of the Control of Naval Waters Regulations. Specifically, the Regulations define the limits of naval waters in Hunter Bay, a new addition to the existing areas governed by the Act. The First Schedule now includes a description of the boundaries for Hunter Bay, marked by specific directional lines and distances from defined positions along the high water mark of Port Jackson. These new provisions are intended to clearly demarcate the area over which naval waters apply.
The Act imposes specific obligations on individuals and entities operating within these newly defined naval waters. Any person or entity must comply with the regulations governing these waters, which include restrictions on activities such as fishing, anchoring, or any form of construction that could interfere with naval operations. Entities involved in commercial activities, such as shipping or maritime operations, must ensure that their activities do not contravene the provisions of the Act. Additionally, vessels navigating these waters must adhere to any additional guidelines or restrictions set forth by the relevant authorities.
Failure to comply with the provisions of the Act can result in various penalties and consequences. Under section 497, any breach of the regulations could lead to fines or imprisonment, depending on the severity of the offence. The maximum penalties specified in the Act include substantial fines and imprisonment terms, which are intended to deter non-compliance and ensure the protection of naval waters. Additionally, civil liabilities may apply for any damage caused to the naval waters or the surrounding environment due to non-compliance with the regulations.
The Regulations also establish a framework for enforcement and compliance. This includes the authority for naval officers to inspect vessels and operations within the designated naval waters to ensure adherence to the Act. The Act empowers these officers to take necessary actions, including issuing fines or directing individuals to cease activities that violate the regulations. Furthermore, the Act provides for the possibility of legal action against individuals or entities that persistently fail to comply with the regulatory requirements. These legal actions could result in further penalties and enforcement measures.