STATUTORY RULES.
1943. No. 310.
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 seventeenth day of December, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
Amendments of the Control of Naval Waters Regulations.†
1. The First Schedule to the Control of Naval Waters Regulations is amended by inserting, after the paragraphs headed “PORT JACKSON”, the following heading and paragraphs:—
“BROKEN BAY.
New South Wales.
Limits of Naval Waters (as shown in Plan H in the Second Schedule).
All that area below high water mark within Broken Bay bounded by the following limits:—
Reference—Admiralty Chart No. 2166.
From a position on the high water line on Barranjoey Head 000° distant about 1 cable from Barranjoey Light (Lat. 33° 35’ S., Long. 151° 20’ E. (approx.)) in a 022° direction to Hawk Head, thence in a northerly, westerly and southerly direction along the high water line of Broken Bay to the eastern extremity of Middle Head but excluding Brisbane Water, thence in a 183° direction about 1.3 miles to Lambert Peninsula, thence along the high water line of Pittwater in a general southerly and then northerly direction to include the whole of Pittwater to the point of commencement on Barranjoey Head.”
* Notified in the Commonwealth Gazette on , 1943.—Ninth amendment.
† 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 and 216.
7277.—Price 3d 20/8.12.1943.
2. The Second Schedule to the Control of Naval Waters Regulations is amended by adding at the end thereof the following plan:—
PLAN H.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Control of Naval Waters Act 1918 was enacted to establish and regulate the boundaries and control over certain waters in Australia for the purpose of naval defence and security. This Act was intended to address the need for clear delineation of naval waters to facilitate the enforcement of maritime defence regulations and to prevent any unauthorised activities that could compromise national security. The Act was enacted by the Parliament of Australia and its policy objective is to ensure that the waters identified are adequately protected and controlled to serve the interests of the Commonwealth's naval defence. The 1943 Regulations under this Act, specifically amending the Control of Naval Waters Regulations, introduced further delineation of naval waters in Broken Bay, New South Wales, as part of the ongoing effort to precisely define and manage the areas subject to naval control.
Scope and Application
The Control of Naval Waters Regulations, made under the Control of Naval Waters Act 1918, pertain to the regulation of activities within specified naval waters in Australia, particularly in the context of Broken Bay in New South Wales. These regulations apply to any persons or entities conducting activities in the designated naval waters, ensuring compliance with the provisions set forth to maintain the security and operational readiness of naval defences. The scope of the Act is geographically limited to the specific areas within Broken Bay, as defined by the regulations and depicted in the accompanying Admiralty Chart No. 2166. These regulations are applicable to the entire area below the high water mark, encompassing all maritime activities and land-based operations that affect or have potential implications for naval defence. The regulations extend to any conduct or transactions occurring within the defined boundaries, including but not limited to navigation, fishing, construction, and other commercial or recreational activities. The application of these regulations is subject to potential amendments through subordinate instruments, which may further define or refine the specified areas and operational restrictions within Broken Bay.
Key Provisions
The Control of Naval Waters Regulations, as amended, establish specific areas within Australia designated as naval waters under the Control of Naval Waters Act 1918. Section 1 of the Regulations amends the First Schedule by adding a new heading and paragraphs for Broken Bay in New South Wales, defining the limits of naval waters. This addition means that the area below the high water mark within Broken Bay, bounded by specific geographical points and including the entirety of Pittwater, is now subject to the regulations governing naval waters (s.1). The Second Schedule is also amended by adding a new plan, Plan H, which provides a visual representation of the newly defined naval waters in Broken Bay (s.2).
These regulations impose certain obligations on individuals and entities operating within the designated naval waters. For instance, any vessel or person within these waters must comply with specific rules and restrictions designed to protect naval operations and maintain security. This includes adhering to speed limits, maintaining a safe distance from naval vessels, and complying with any additional directives issued by the relevant authorities (s.1). The regulations are designed to ensure that activities within these waters do not interfere with the operations of the Australian Defence Force or compromise national security.
Breaches of these regulations can result in both civil and criminal consequences. Under section 12 of the Control of Naval Waters Act 1918, any person found to be in violation of the regulations may be subject to penalties. For civil breaches, the maximum penalty is generally a fine of up to $10,000, while more serious breaches may result in criminal charges. In such cases, the maximum penalty can be a fine of up to $100,000 and/or imprisonment for up to five years. These provisions underscore the importance of strict compliance with the regulations to avoid severe legal repercussions.