Defence (Areas Control) Amendment Regulations 1999 (No. 1) 1999 No. 27
EXPLANATORY STATEMENT
STATUTORY RULES 1999 NO. 27
Issued by the Authority of the Minister for Defence
Defence Act 1903
Defence (Areas Control) Amendment Regulations 1999 (No. 1)
The Defence (Areas Control) Regulations (the Principal Regulations), made under the Act, enable restrictions to be placed on the heights of buildings and other objects in the vicinity of Defence airfields. These restrictions are necessary for safe aircraft operations, and for the effective operation of radar installations and other air navigation aids, which require obstruction-free approaches to airfields.
The Principal Regulations confer powers in association with the restrictions (such as a right of entry on land). Notice must be given to owners whose land becomes subject to the Principal Regulations, and provision is made for compensation to the owners of interests in land where the value of those interests is diminished by reason of the land becoming affected by the restrictions. Provision is also made for the approval of buildings and structures that would otherwise infringe the restrictions.
The Administrative Appeals Tribunal is empowered to review decisions or directions made or given under the Principal Regulations.
Previously, the Principal Regulations applied to the Defence airfields at Nowra in New South Wales, Learmonth and Pearce/Gingin in Western Australia, Edinburgh in South Australia, Scherger in Queensland, Tindal and Darwin in the Northern Territory and East Sale in Victoria. This Statutory Rule amends the Principal Regulations to extend the cover to the Army Aviation Centre at Oakey in Queensland.
The Statutory Rule applies the Principal Regulations to the Army Aviation Centre at Oakey by adding to the Principal Regulations a new Schedule 14, which contains 28 plans identifying the areas affected. Consequential amendments are also made to Schedules 1, 2, 3, 4 and 5 of the Principal Regulations, which contain the key to the hachurings used in Schedule 14, covering Oakey.
The effect of the amendments made by the Statutory Rule is to establish the same range of height restrictions at Oakey as at the other prescribed airfields. Depending on operational requirements in each area delineated by the plans contained in Schedule 13, approval may be required for any building, buildings higher than 7.5 metres, buildings higher than 15 metres, buildings higher than 45 metres or buildings higher than 90 metres.
As part of the arrangements for the amendment of the Principal Regulations to cover Oakey, there was consultation with the relevant Queensland and Local Government authorities. This consultation is in addition to the requirement for public notification, which will be undertaken now the amendments are approved.
The Statutory Rule also changed the name of the Defence (Areas Control) Regulations to the Defence (Areas Control) Regulations 1989.
The Statutory Rule commences on gazettal.
Overview
The Defence (Areas Control) Amendment Regulations 1999 (No. 1) were enacted to extend the Defence (Areas Control) Regulations, made under the Defence Act 1903, to the Army Aviation Centre at Oakey in Queensland. This amendment addresses the need for uniform height restrictions on buildings and other structures in proximity to Defence airfields, ensuring safe aircraft operations and the effective functioning of radar installations and other air navigation aids. The regulations mandate the provision of notice to landowners and offer compensation for any diminution in land value due to the restrictions. The Administrative Appeals Tribunal is authorised to review decisions made under these regulations. The enactment of this Statutory Rule was issued by the Authority of the Minister for Defence and is intended to align the regulations at Oakey with those already in place at other Defence airfields across Australia. The amendments also include updates to the names and schedules of the Defence (Areas Control) Regulations, reflecting the inclusion of Oakey.
Scope and Application
The Defence (Areas Control) Amendment Regulations 1999 (No. 1) amends the Defence (Areas Control) Regulations 1989 to extend the application of these regulations to the Army Aviation Centre at Oakey in Queensland, thereby ensuring the same range of height restrictions on buildings and other objects in its vicinity as at other Defence airfields. This amendment is essential for maintaining the safety of aircraft operations and the effective operation of radar installations and other air navigation aids in the area, which require obstruction-free approaches to airfields. The amendment introduces new height restrictions and specifies the need for approval of buildings that would otherwise infringe these restrictions. The application of these regulations to Oakey is detailed in a new Schedule 14, which includes 28 plans identifying the affected areas, along with consequential amendments to other schedules of the Principal Regulations. The amendment also formally renames the Defence (Areas Control) Regulations to the Defence (Areas Control) Regulations 1989, reflecting the historical context and ensuring clarity in referencing the regulations. The Statutory Rule takes effect upon gazettal and follows consultation with relevant Queensland and Local Government authorities, in addition to the mandated public notification process.
Key Provisions
The main operative sections of the Defence (Areas Control) Amendment Regulations 1999 (No. 1) are those that extend the existing restrictions on building heights and structures in the vicinity of Defence airfields to the Army Aviation Centre at Oakey in Queensland. This is done through the addition of a new Schedule 14 to the Defence (Areas Control) Regulations 1989, which includes 28 plans that identify the specific areas affected by the height restrictions. The amendment also involves changes to Schedules 1, 2, 3, 4, and 5, which detail the hachurings that correspond to the different height restrictions that may apply depending on operational requirements.
The Regulations impose several obligations and requirements on the parties affected by them. Firstly, the Minister for Defence must give notice to owners whose land is subject to the restrictions, which are designed to ensure the safety of aircraft operations and the effective operation of radar installations and air navigation aids. Compensation must also be provided to owners of interests in land where the value of those interests is diminished by the restrictions. Furthermore, the Regulations provide for the approval of buildings and structures that might otherwise infringe on the restrictions. The Administrative Appeals Tribunal is empowered to review decisions or directions made under the Regulations.
Breach of the Defence (Areas Control) Regulations 1989 can result in various consequences. The Regulations themselves do not explicitly state the offences, penalties, or civil/criminal consequences for non-compliance. However, the Defence Act 1903 under which the Regulations are made, may provide for penalties for contraventions. Such penalties could include fines or imprisonment, depending on the nature and severity of the breach. Additionally, failure to comply with the Regulations could also lead to legal action by the Minister for Defence or other relevant authorities to enforce compliance or seek redress for any damage caused by non-compliance.