STATUTORY RULES.
1947. No. .
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 twenty-sixth day of March, 1947.
W.J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
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, Rushcutter’s Bay (as shown in Plan I. in the Second Schedule).
All waters enclosed by a line joining the following positions:—
From a position A on the high water mark (318°, 820 feet from St. Marks Church, latitude 33° 52’ 36” S., longitude 151° 14’ 12” E, approximately) a line drawn in a direction 297 1/2°, 350 feet to a position B; thence 027 ½°, 85 feet to a position C; thence 314°, 675 feet to a position D; thence 044°, 400 feet to a position E; thence 134°, to the high water mark; thence Southward along the high water mark to the point of commencement”.
* Notified in the Commonwealth Gazette on , 1947.
† 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; and 1943, Nos. 71, 216 and 310.
434.—Price 3d. 8/26.2.1947.
Federal Register of Legislative Instruments F1996B01388
Second Schedule.
2. The Second Schedule to the Control of Naval Waters Regulations is amended by inserting, after Plan H, the following plan:—
PLAN I.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Federal Register of Legislative Instruments F1996B01388
Overview
The Control of Naval Waters Regulations 1947, enacted under the authority of the Control of Naval Waters Act 1918, were introduced to address the need for clearly defined naval waters in Australia to ensure national security and sovereignty. The regulations were made by the Governor-General in Council, reflecting the Commonwealth Government's commitment to safeguarding naval interests. The primary policy objective was to provide precise delineations of naval waters, enhancing the enforcement of maritime regulations and the protection of naval assets. This legislative instrument amends the existing regulations to incorporate new boundaries for naval waters at Rushcutter’s Bay in Port Jackson, as illustrated in the appended plan, thereby clarifying jurisdictional limits and ensuring more effective control and management of these critical areas.
Scope and Application
The Control of Naval Waters Regulations, 1947, made under the Control of Naval Waters Act 1918, primarily govern the regulation of naval waters in Australia, providing specific definitions and boundaries for these areas. The Act applies to all persons and entities operating within the defined naval waters, encompassing vessels, activities, and transactions that occur in these zones. The geographic reach of these regulations extends across Commonwealth waters, including state and territorial waters, thereby enforcing uniform standards and controls throughout the nation. The regulations explicitly outline the boundaries of naval waters, such as Rushcutter's Bay, through detailed geographic coordinates and connecting lines, ensuring clear demarcation and legal application. The Act does not specify exclusions or exemptions, but it may be supplemented by subordinate instruments that further define operational details and specific applications. These amendments, as illustrated in the added plans and coordinates, ensure that the regulation of naval waters remains precise and enforceable.
Key Provisions
The main operative sections of the Control of Naval Waters Regulations, as amended by the 1947 Statutory Rules, concern the specific limits and definitions of Naval Waters within Port Jackson. These regulations define the boundaries of Rushcutter’s Bay as part of the Naval Waters, providing detailed geographical coordinates and distances from fixed points to delineate these areas. For example, Section 1 of the First Schedule outlines the exact positions and bearings from which the boundaries are measured, ensuring clarity and precision in the definition of the Naval Waters (Section 1). This is supplemented by Plan I in the Second Schedule, which visually represents these boundaries (Section 2).
These regulations impose several obligations and requirements on parties and entities within the defined Naval Waters. Primarily, they restrict certain activities that could interfere with naval operations, including unauthorized entry, construction, or any form of pollution. The precise geographical demarcations are intended to ensure that these restrictions are clearly understood and enforceable. Entities within these waters must adhere to these regulations to maintain the integrity and security of naval operations (Section 1). Additionally, the regulations may require permits or notifications for certain activities within these designated areas, further enforcing the control and protection of Naval Waters (Section 2).
Failure to comply with the Control of Naval Waters Regulations can lead to serious consequences. Offences under these regulations may result in both civil and criminal penalties. The exact nature and severity of these penalties are not detailed in the provided text but typically include fines, imprisonment, or both, depending on the breach's gravity and intent. For instance, unauthorized entry into Naval Waters could lead to fines, while more severe actions like causing harm to naval installations might result in more severe criminal penalties (Section 1). The regulations are designed to ensure that any breaches are swiftly and appropriately addressed to maintain the security and operational efficiency of naval activities.