STATUTORY RULES.
1953. No. 60.
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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 twenty fifth day of June, 1953.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
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Amendments of the Control of Naval Waters Regulations.†
Making fast to forts, &c.
1. Regulation 7 of the Control of Naval Waters Regulations is amended—
(a) by omitting from sub-regulation (1.) the words “or vessels” and inserting in their stead the words “vessels, or naval ships,”; and
(b) by omitting from sub-regulation (3.) the words “or vessels” and inserting in their stead the words “,vessels, or naval ships,”.
First Schedule.
2. The First Schedule to the Control of Naval Waters Regulations is amended by adding at the end of the paragraph headed “PORT JACKSON.” the following words:—
“Limits of Naval Waters, Rose Bay (as shown in Plan J in the Second Schedule).
All waters within an area bounded by the following lines:—
A line drawn in a 360° direction, 750 feet from a position A (012°, 2200 feet from the flagstaff on Shark Island) to a position B; a line drawn in a 090° direction, 1700 feet from position B to a position C; a line drawn in a 180° direction from position C to the high water mark of Port Jackson; a line drawn in a 090° direction, 1700 feet from position A to position D; a line drawn in a 360° direction from position D to the high water mark of Port Jackson; and a line drawn along the high water mark of Port Jackson joining the points where the lines from positions C and D meet that high water mark.”.
* Notified in the Commonwealth Gazette on , 1953.––Thirteenth 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; 1943, Nos. 71, 216 and 310; 1947, Nos. 45 and 117; and 1948, No. 148.
1420.––Price 3d. 10/11.5.1953
Second Schedule.
3. The Second Schedule to the Control of Naval Waters Regulations is amended by inserting after Plan J. the following plan:—
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By Authority: L. F. Johnston Commonwealth Government Printer, Canberra.
Overview
The Control of Naval Waters Regulations 1953 were enacted to amend the existing Control of Naval Waters Regulations under the Control of Naval Waters Act 1918. These regulations were introduced to address the need for updating the boundaries and definitions within naval waters to ensure effective control and management over areas designated for naval purposes. The regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council. The primary objective of these amendments was to clearly delineate the boundaries of naval waters and to include specific areas such as Rose Bay within the defined limits, thereby enhancing the precision and enforceability of naval regulations.
The amendments made to the Control of Naval Waters Regulations involve the specification of new boundaries for naval waters in Port Jackson, particularly around Rose Bay. These changes were intended to provide clearer guidelines for the control and regulation of naval activities within the specified areas. The detailed geographic coordinates and boundary descriptions aim to prevent any ambiguity and ensure that all vessels, including naval ships, are subject to the relevant regulations within the newly defined naval waters.
Scope and Application
The Control of Naval Waters Regulations, established under the Control of Naval Waters Act 1918, apply to all vessels and naval ships that navigate within specified naval waters in Australia. These regulations are designed to control and manage activities within designated areas of naval significance to ensure national security and maritime safety. The geographic scope of these regulations extends to any waters within Australia that are designated as naval waters, as defined and amended through the legislative instrument. The regulations explicitly apply to the actions of individuals, entities, and vessels navigating or operating within these designated areas. Furthermore, the regulations can be extended or modified through subordinate instruments, allowing for adjustments to the boundaries or specific conditions of naval waters as required. There are no stated exclusions or exemptions detailed within these regulations; however, the specific application and enforcement may be subject to further clarification through subsidiary legislation or administrative decisions.
Key Provisions
The main operative sections of these Regulations under the Control of Naval Waters Act 1918 (sections referenced in parentheses) involve amendments to Regulation 7 and the First Schedule concerning the limits of naval waters at Rose Bay. Regulation 7 is modified to clarify that the restrictions on making fast to any part of the shore or seabed apply to vessels and naval ships (Regulation 7(1)(a) and (3)). The First Schedule is updated to define the specific boundaries of the naval waters at Rose Bay, detailing the geographic lines and positions that delineate the area (First Schedule, Port Jackson). These amendments provide a clearer legal framework for the control and regulation of naval waters in the specified area.
The Regulations impose obligations on various parties, including ship operators, individuals, and businesses, to comply with the designated restrictions on making fast to the shore or seabed within the defined naval waters. This includes adhering to the specified boundaries and ensuring that neither vessels nor naval ships are anchored or moored in these areas without appropriate authorisation. These obligations are designed to maintain the security and operational integrity of naval waters, ensuring they remain available for military and national security purposes.
Breaches of these Regulations can result in civil and criminal consequences. Under the Control of Naval Waters Act 1918, unauthorised actions that contravene the provisions of the Act can lead to penalties. Specifically, individuals found guilty of contravening the Act can be subject to fines, with the maximum penalty for each offence typically stipulated in the relevant state or territory legislation. Additionally, persistent or severe breaches may result in more severe penalties, including potential imprisonment, reflecting the seriousness of unauthorised activities in naval waters.