STATUTORY RULES.
1935. No. 92.
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 eighteenth day of September, 1935.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Amendment of Control of Naval Waters Regulations.†
1. Regulation 14 of the Control of Naval Waters Regulations is repealed and the following regulation is inserted in its stead:—
“Vessels or moorings may be moved in Naval Waters by Senior Naval officer.
14. Where, in pursuance of these Regulations, a vessel or mooring is required by the Senior Naval Officer to be removed from any position in naval waters to some other position, and the vessel or mooring is not moved accordingly, the Senior Naval Officer may remove the vessel or mooring, and the Master or owner of the vessel or mooring shall pay to the Senior Naval Officer the cost of the removal.”
First Schedule.
2. The First Schedule of the Control of Naval Waters Regulations is amended—
(a) by omitting “Cockatoo Island” from the list of Naval Establishments in Port Jackson;
(b) by omitting the following words from the portion relating to Jervis Bay:—
“Royal Australian Naval College (Captain’s Point)”;
(c) by adding the following:—
DARWIN.
Northern Territory of Australia.
Limits of Naval Port—(as shown in Plan “E”).
On the North.—By a line drawn from the northern extremity of Talc Head in a direction 092½° to a position 4 cables 180° from Fort Point Light—thence 041½° to a position 075°, 4.8 cables from Fort Point Light—thence 309° to the shore—thence eastward along the high water mark to a position 036°, 5.1 cables from Fort Point Light—thence 090° for a distance of 21.3 cables.
On the East.—By a line drawn 180°/360° through the triangulation station Δ on North Shell Island.
On the South and West.—By the high water mark on the shore of Port Darwin in the Northern Territory of Australia.
(Chart No. 925, Port Darwin)”.
* Notified in the Commonwealth Gazette on , 1935.
† Statutory Rules 1922, No. 74, as amended by Statutory Rules 1927, No.147 and 1931, No.7
3444.—9/30.8.1935.—Price 3d.
Second Schedule.
3. The Second Schedule of the Control of Naval Waters Regulations is amended by inserting, after Plan D, the accompanying Plan E.
PLAN E.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Control of Naval Waters Regulations, 1935, were enacted by the Governor-General in accordance with the Control of Naval Waters Act 1918. This legislative instrument was introduced to address the need for clear and enforceable regulations governing the movement of vessels and moorings within naval waters to ensure the security and operational efficiency of naval establishments. The Regulations were developed to provide the Senior Naval Officer with the authority to mandate the relocation of vessels or moorings within naval waters and to establish a procedure for recovering the costs associated with the removal of vessels or moorings that are not moved in compliance with such mandates. The policy objective underpinning these Regulations is to maintain the security and operational readiness of naval waters by preventing unauthorised obstructions and ensuring the smooth conduct of naval activities.
The Control of Naval Waters Regulations, 1935, were enacted by the Governor-General with the advice of the Federal Executive Council to amend existing regulations and introduce new provisions concerning the control and management of vessels and moorings in naval waters. These Regulations were designed to enhance the regulatory framework provided by the Control of Naval Waters Act 1918, by granting the Senior Naval Officer the authority to remove non-compliant vessels or moorings and to recover associated costs from the vessel's master or owner. The amendments to the First and Second Schedules further delineate the specific naval waters and establish the boundaries of the naval port at Darwin, Northern Territory. These measures aim to ensure the effective control and protection of naval waters, thereby supporting the broader policy objective of maintaining Australia's naval defence capabilities.
Scope and Application
The Control of Naval Waters Regulations 1918, as amended in 1935, apply to vessels and moorings within designated naval waters in Australia, enforcing the authority of the Senior Naval Officer to mandate the movement of vessels or moorings and to remove them if necessary, with costs incurred by the vessel's master or owner. This legislation extends its jurisdiction across Commonwealth waters, including newly defined areas such as the naval port in Darwin, Northern Territory. The regulations specify the geographic boundaries of these waters, illustrating a clear delineation of areas under naval control. Certain exclusions and exemptions may exist within these regulations, but they are not explicitly detailed in the legislative text provided. The regulations may be further extended or modified through subordinate instruments, allowing for adaptability to changing naval requirements and maritime conditions.
Key Provisions
The main operative sections of these Regulations, specifically Regulation 14, allow the Senior Naval Officer to remove vessels or moorings from their positions in naval waters if they are not moved as required. This regulation stipulates that if a vessel or mooring is mandated by the Senior Naval Officer to be relocated, and it remains unmoved, the Senior Naval Officer has the authority to remove it themselves. Additionally, the master or owner of the vessel or mooring must cover the costs of this removal (Regulation 14(1)). The First Schedule has been amended to exclude Cockatoo Island from the list of Naval Establishments in Port Jackson and to remove the Royal Australian Naval College (Captain’s Point) from the section concerning Jervis Bay. New information has been added regarding the limits of the Naval Port in Darwin, Northern Territory, which is detailed in Plan "E" and includes specific coordinates and bearings from notable landmarks such as Talc Head, Fort Point Light, and North Shell Island.
These Regulations impose several obligations on parties involved with vessels and moorings within naval waters. Firstly, vessel masters or owners must comply with the directives of the Senior Naval Officer regarding the movement or removal of their vessels or moorings. Failure to move a vessel or mooring as instructed can result in the Senior Naval Officer taking action to relocate it. Furthermore, the master or owner is financially responsible for the costs incurred during such removal. Additionally, the amendments to the First Schedule require updated knowledge and adherence to the new geographical limits of naval ports and the exclusion of certain areas.
Breach of these Regulations can result in civil consequences. Specifically, Regulation 14 outlines that if a vessel or mooring is not moved as required by the Senior Naval Officer, the Senior Naval Officer can remove it, and the master or owner must bear the associated costs. There are no stated penalties for the breach of these Regulations, but the financial responsibility for removal and any associated costs can be significant. The regulations do not explicitly detail criminal or other penalties for non-compliance beyond the financial obligations outlined.