Control of Naval Waters Regulations (Amendment)

Overview

The Control of Naval Waters Regulations, made under the Control of Naval Waters Act 1918, were enacted to provide detailed provisions for the regulation and control of naval waters and naval establishments within Australia. These regulations, which were amended in 1931, aim to govern activities such as making fast to forts, Government moorings, buoys, breakwaters, jetties, piles, and vessels within naval waters. The authority to grant or withhold permission for these activities lies with the Senior Naval Officer, who may impose terms and conditions, including charges, subject to the approval of the Minister. The amendments in 1931 introduced changes to the definition of "Naval Establishment," modified the regulation concerning the making fast to structures within naval waters, and updated the schedules to reflect changes in naval establishments and their locations in various ports. The policy objective of these regulations is to ensure the effective management and control of naval waters and naval establishments for national security and operational efficiency.

Scope and Application

The Control of Naval Waters Regulations 1931, made under the Control of Naval Waters Act 1918, apply to the control and regulation of activities within Australia’s naval waters and naval establishments. These regulations specifically govern the conduct of vessels and other activities within designated naval waters and naval establishments, which include areas such as forts, Government moorings, buoys, breakwaters, jetties, piles, and vessels. The regulations apply on a national scale across Australia, encompassing both state and territorial waters as designated by the First Schedule of the Regulations. This includes significant areas such as Port Phillip and Port Jackson, with specific exclusions and modifications to the boundaries of these areas outlined in the amended regulations. The Senior Naval Officer has the discretion to grant or withhold permission for activities such as making fast to designated locations, and may impose charges for such permissions, subject to the approval of the Minister. The Regulations also allow for amendments through subordinate instruments, ensuring they can adapt to changing circumstances and needs.

Key Provisions

The Control of Naval Waters Regulations 1931 (F1996B01380) detail the rules and guidelines for the administration of naval waters in Australia. They were made under the authority of the Control of Naval Waters Act 1918. Section 1 of the Regulations repeals a previous set of regulations (Statutory Rules 1922, No. 74) and introduces new amendments to the existing regulations. The definition of "Naval Establishment" in Section 2 is altered to include the term "First" before "Schedule". Section 5 amends regulation 7 to allow the Senior Naval Officer to grant or withhold permission for vessels to be moored in naval waters, including the ability to impose charges for such permissions. The term "First" is also added to regulation 36 and the First Schedule, further clarifying the definitions and scope of the regulations. The Regulations impose several obligations on the parties involved. Firstly, they require that any vessel wishing to make fast to any fort, government moorings, buoys, breakwaters, jetties, piles, or vessels in naval waters must seek permission from the Senior Naval Officer. This permission can be granted subject to certain terms and conditions that the Senior Naval Officer deems appropriate. Additionally, the regulations mandate that any fees or charges for making fast must be approved by the Minister. These requirements ensure that the activities in naval waters are regulated to maintain security and order. Failure to comply with these regulations can result in various consequences. While the Regulations themselves do not explicitly state the penalties for non-compliance, breaches of regulations made under the Control of Naval Waters Act 1918 could lead to both civil and criminal actions. In general, unauthorised activities in naval waters could be considered violations of the Act, which may result in fines or other penalties as prescribed by law. The severity of the penalty would depend on the nature and extent of the breach, and the discretion of the courts in imposing sanctions. The overarching aim is to enforce the rules to protect naval interests and ensure the safety and security of naval operations.