STATUTORY RULES.
1937. No. 12.
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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.
Date this tenth day of February, 1937.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
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Amendment of Control of Naval Waters Regulations.†
First schedule.
1. The First Schedule of the Control of Naval Waters Regulations is amended by adding under the heading “Port Jackson” after the Limits of the Royal Edward Victualling Yard (Darling Harbour) the following:—
“Limits of Naval waters, Chowder Bay, (as shown in Plan F in the Second Schedule).
All waters enclosed by a line joining the following positions: —
From a position A (059°, 750 feet from the southern extremity of the jetty at the Military Depot in Chowder Bay) a line drawn in a direction 145°, 600 feet to a position B; thence 235°, 1,130 feet to a position C; thence 325°, 600 feet to a position D; thence 055° to high water mark; thence along the high water mark to position A.”
Second Schedule.
2. The Second Schedule of the Control of Naval Waters Regulations is amended by inserting, after Plan E, the accompanying Plan F.
* Notified in the Commonwealth Gazette on , 1937.
† Statutory Rules 1922 No. 74, as amended by Statutory Rules 1927, No 147; 1931, No. 7; and 1935, No. 92.
7056—9/21.1.1937.—Price 3d.
PLAN F.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Control of Naval Waters Act 1918 was enacted to address the need for the regulation of naval waters to ensure the safety and security of Australia's naval operations. The Act was established by the Commonwealth Parliament, aiming to provide a legal framework for the control and protection of waters used for naval purposes. The 1937 Regulations under this Act were introduced to amend the Control of Naval Waters Regulations, specifically adding the limits of Naval waters at Chowder Bay in Port Jackson as shown in Plan F in the Second Schedule. This amendment sought to clarify and define the specific areas of naval waters, ensuring that they were appropriately marked and regulated to prevent any unauthorised activities that could potentially compromise national security.
The Regulations, made by the Governor-General with the advice of the Federal Executive Council, were notified in the Commonwealth Gazette and included detailed plans to delineate the newly defined areas. The First Schedule of the Regulations was updated to include the new limits of Naval waters at Chowder Bay, while the Second Schedule was amended to incorporate Plan F. These amendments aimed to enhance the administration and enforcement of the Control of Naval Waters Act by providing precise geographical boundaries and visual aids for better understanding and compliance.
Scope and Application
The Control of Naval Waters Act 1918, and its associated regulations, governs the management and regulation of naval waters in Australia. The Act applies to any person or entity conducting activities in designated naval waters, which are defined and delineated within the geographic boundaries of Australia. The regulations made under this Act further specify the limits and areas of naval waters, including specific locations such as Port Jackson and Chowder Bay as mentioned in the amended Control of Naval Waters Regulations 1937. These regulations provide detailed descriptions of the boundaries of naval waters by referencing specific geographic coordinates and landmarks. The Act and its regulations are applicable across the Commonwealth of Australia, ensuring a unified approach to the protection and control of naval waters. The regulations also note amendments to previously established limits, ensuring that the scope and application of the Act are kept up to date with any changes in naval requirements or geographical considerations.
Key Provisions
The main operative sections of the Regulations under the Control of Naval Waters Act 1918 are those that amend the First and Second Schedules. Specifically, section 1 amends the First Schedule to expand the limits of naval waters to include Chowder Bay, with precise coordinates and distances provided for the boundary line. Section 2 amends the Second Schedule to include a new plan, referred to as Plan F, which visually represents the newly defined limits of Chowder Bay. These amendments are designed to clarify and extend the geographical scope of areas designated as naval waters in Port Jackson, Sydney.
These Regulations impose specific obligations on parties and entities affected by the expanded definition of naval waters. They must now comply with any restrictions, permissions, or regulatory requirements that apply to these waters, as stipulated under the Control of Naval Waters Act 1918. This includes adhering to any navigation rules, anchoring restrictions, or other maritime regulations that are enforced within these newly defined boundaries. All vessels and maritime activities within these waters must be conducted in accordance with the legislation and the newly set parameters.
Breaching the provisions of these Regulations, or the overarching Control of Naval Waters Act 1918, can result in both civil and criminal penalties. Civil penalties may include fines or other monetary penalties as determined by the relevant authorities. Criminal penalties can also be imposed for more serious breaches, such as unauthorised entry into naval waters or engaging in activities that endanger maritime safety. The specific maximum penalties are not detailed in the text of the Regulations themselves, but would be defined under the Act. Such penalties serve to deter non-compliance and ensure the protection and proper management of naval waters.