Control of Naval Waters Regulations (Amendment)

Overview

The Control of Naval Waters Regulations 1927 were enacted under the authority of the Governor-General, with advice from the Federal Executive Council, to amend and clarify the existing regulatory framework established by the Control of Naval Waters Act 1918. These regulations address issues arising from the need to adapt and refine the boundaries and conditions governing naval waters in Australia, ensuring that the management of these waters aligns with contemporary requirements and operational needs of the naval forces. The primary objective of these amendments is to provide clearer and more precise delineations of naval waters and to streamline the authorisation process for structures and establishments within these areas. The enacting body responsible for these regulations is the Federal Executive Council, acting through the Governor-General. The overarching policy objective is to enhance the efficiency and clarity of naval water management, ensuring that the regulations are up-to-date and responsive to the evolving needs of the naval defence infrastructure. The regulations adjust the descriptions of specific waters, remove outdated references, and update the list of authorised structures and establishments, thereby ensuring that the control and administration of naval waters remain effective and relevant.

Scope and Application

The Control of Naval Waters Regulations, enacted under the Control of Naval Waters Act 1918, apply to any persons or entities intending to undertake construction activities such as the erection of jetties, wharves, buildings, or structures within or on the foreshore of any designated Naval Waters in Australia. These regulations are applicable nationwide, covering all Commonwealth waters. They are particularly relevant to industries involved in maritime operations, infrastructure development, and any other entities or individuals who require authorisation for activities that could impact naval operations or security. The regulations delineate specific exclusions and thresholds, such as omitting certain waters around Swan Island in Port Phillip and modifying the list of naval establishments in Port Jackson. Additionally, the authority to grant permissions for construction within Naval Waters has been shifted from the Senior Naval Officer to the Minister, as outlined in the regulations. The scope of the Act can be extended or restricted through subordinate instruments, allowing for the regulation to adapt to changing needs and circumstances.

Key Provisions

The Control of Naval Waters Regulations 1927, made under the Control of Naval Waters Act 1918, contain several key provisions that require or permit specific actions related to naval waters. Regulation 33a allows the Minister to authorize the construction of any jetty, wharf, building, or structure in or on the foreshore of any naval waters. Regulation 34, sub-regulation (1) has been amended to replace the term "Senior Naval Officer" with "Minister." Furthermore, the Schedule of these Regulations has been amended to adjust the descriptions of specific waters and locations within naval waters. For example, in Port Phillip, the description of the waters in the vicinity of Swan Island has been updated, and certain positions have been added or removed from the list of naval establishments in Port Jackson. These amendments include the addition of the Naval Storehouse Wharf adjoining the Royal Edward Victualling Yard (Darling Harbour) and the replacement of Fort Denison, Kirribilli Point (Admiralty House), and Tresco. Elizabeth Bay with Naval Armament Depot, Newington. The Control of Naval Waters Regulations 1927 impose several obligations and requirements on the parties or entities they govern. Firstly, any erection of a jetty, wharf, building, or structure in or on the foreshore of any naval waters must be authorized by the Minister. Secondly, the amended descriptions of waters and locations within naval waters must be adhered to, as set out in the Schedule of these Regulations. Furthermore, any modifications or changes to the naval establishments listed in Port Jackson must be approved by the relevant authorities. These obligations ensure the proper management and control of naval waters, as well as the safety and security of naval operations and installations. The Control of Naval Waters Regulations 1927 may result in various offences, penalties, or civil/criminal consequences for breach. However, the text of these Regulations does not explicitly state any maximum penalties for breach. It is essential to consult the Control of Naval Waters Act 1918 and any other relevant legislation for information on potential penalties for non-compliance with these Regulations. Offences and penalties may include fines, imprisonment, or other civil/criminal consequences, depending on the nature and severity of the breach. It is crucial for parties or entities governed by these Regulations to adhere to the obligations and requirements outlined to avoid any potential legal repercussions.