Control of Naval Waters Regulations (Amendment)

Overview

The Control of Naval Waters Regulations 1938, made under the Control of Naval Waters Act 1918, were enacted to address the need for updated regulations concerning the control and management of naval waters within Australia. This legislative instrument was created by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and it was aimed at ensuring the proper regulation and oversight of naval waters to support national defence and security objectives. These regulations specifically pertain to the amendment of the First Schedule to revise the geographical boundaries of naval waters in the vicinity of Swan Island in Port Phillip, as well as to include an area around a tramway bridge connecting Queenscliff with a small island southwest of Swan Island. This amendment reflects an effort to provide precise and up-to-date descriptions of naval waters, thereby enhancing the effectiveness of naval defence measures.

Scope and Application

The Control of Naval Waters Regulations, 1938, made under the Control of Naval Waters Act 1918, pertain to the demarcation and regulation of specific naval waters within Australia. These regulations apply to all persons and entities who may seek to operate within the designated naval waters, particularly around Swan Island in Port Phillip, and establish clear boundaries and restrictions to ensure the safety and security of naval operations. The geographic reach of these regulations is limited to Commonwealth waters, specifically encompassing the waters in the vicinity of Swan Island, as outlined in the amended First Schedule of the Regulations. The geographic limits are precisely defined by a line connecting specified positions around Swan Island, as further detailed in Plan G of the Second Schedule. Notably, the regulations also incorporate an area around a tramway bridge connecting Queenscliff with the island, extending six feet on each side of the bridge. These regulations do not explicitly state exclusions or exemptions but implicitly exclude areas outside the defined boundaries from the restrictions imposed by the Act. The application and enforcement of these regulations may be extended or further defined through subordinate instruments issued under the authority of the Act.

Key Provisions

The primary sections of the Control of Naval Waters Regulations (No. 43) made under the Control of Naval Waters Act 1918, focus on the amendment of the First and Second Schedules. Specifically, the regulation modifies the geographical description of naval waters around Swan Island in Port Phillip. Section 1 amends the First Schedule to replace the previous description of waters in the vicinity of Swan Island with a new delineation (1). This new description outlines the specific coordinates and directions that enclose the naval waters, including a line from the most northerly point of Point Norgate, Swan Island to various points marked as A, B, C, and D, and further details the inclusion of an area around a tramway bridge (1). Section 2 amends the Second Schedule by adding a new plan (Plan G) which visually represents the updated boundaries of the naval waters around Swan Island (2). The obligations imposed by these regulations on parties or entities governed by them include adherence to the newly defined limits of naval waters around Swan Island. This necessitates compliance with the specific geographic coordinates and directions provided to accurately determine the extent of the naval waters. Entities operating in or near these waters must ensure their activities do not infringe upon the newly defined areas unless permitted by law. This includes vessels navigating these waters and any entities conducting activities that may impact the naval waters, such as construction or maintenance projects. Breaches of these regulations can result in both civil and criminal consequences. Under the Control of Naval Waters Act 1918, unauthorized entry into or activities within the defined naval waters can be considered offences. The specific penalties for such offences are not detailed in the provided text, but generally, the Act allows for fines and potential imprisonment for those found guilty of contravening the regulations. The exact penalties would depend on the severity of the breach and the discretion of the court. Additionally, any party found to be in violation of these regulations may also face civil liability for any damages caused by their actions within the naval waters.