Defence (Areas Control) Amendment Regulations 2000 (No. 1) 2000 No. 314
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 314
Issued by the Authority of the Minister for Defence
Defence Act 1903
Defence (Areas Control) Amendment Regulations 2000 (No. 1)
The Defence (Areas Control) Regulations ("the Principal Regulations"), made under the Defence Act 1903 ("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 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, Learmouth and Pearce/Gingin in Western Australia, Edinburgh in South Australia, Scherger and Oakey in Queensland, Tindal and Darwin in the Northern Territory, and East Sale in Victoria.
The Statutory Rule applies the Principal Regulations to the Remote Instrument Landing System/Tactical Air Navigation Site (ILS/TACAN) Site Beermullah, in Western Australia and the Royal Australian Air Force Base Townsville in Queensland by adding to the Principal Regulations new Schedules 15 and 16. Schedule 15 contains 15 plans identifying the areas affected around the Remote ILS/TACAN Site Beennullah. Schedule 16 contains 29 plans identifying the areas affected around RAAF Base Townsville. 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 Schedules 15 and 16 covering Beennullah and Townsville respectively.
The effect of the amendments made by the Statutory Rule is to establish the same range of height restrictions at Beermullah and Townsville as at the other prescribed airfields. Depending on operational requirements in each area delineated by the plans contained in Schedules 15 and 16, 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.
Regulation 16 of the Principal Regulations outlines the public notification requirements for affected land. As part of the arrangements for the amendment of the Principal Regulations to cover Beermullah and Townsville, there was consultation with the relevant Queensland, West Australian and Local Government authorities. This consultation is in addition to the public notification requirements under Regulation 16, which will be undertaken now the amendments are approved.
The Statutory Rule commences on gazettal.
Overview
The Defence (Areas Control) Amendment Regulations 2000 (No. 1) were enacted to address the need for extending the existing height restrictions around Defence airfields to two additional locations: the Remote Instrument Landing System/Tactical Air Navigation Site (ILS/TACAN) at Beermullah in Western Australia and the Royal Australian Air Force Base Townsville in Queensland. This amendment was made under the Defence Act 1903 and was authorised by the Minister for Defence. The primary objective of these regulations is to ensure safe aircraft operations and the effective functioning of radar installations and other air navigation aids by preventing obstructions near airfields. The Statutory Rule introduces new Schedules 15 and 16, which detail the specific areas affected around the newly included airfields, and makes consequential amendments to existing schedules to reflect these changes. This amendment ensures consistent application of height restrictions across all designated Defence airfields, thereby maintaining operational safety and navigational efficiency.
Scope and Application
The Defence (Areas Control) Amendment Regulations 2000 (No. 1) amends the Defence (Areas Control) Regulations to include the Remote Instrument Landing System/Tactical Air Navigation Site (ILS/TACAN) Site Beermullah in Western Australia and the Royal Australian Air Force Base Townsville in Queensland within the scope of the Principal Regulations. These Regulations, made under the Defence Act 1903, impose height restrictions on buildings and other structures near Defence airfields to ensure the safety of aircraft operations and the effectiveness of air navigation aids. The regulations apply to all land owners and entities within the designated areas around these new airfields, imposing similar restrictions on building heights as those in place at other Defence airfields. Owners of affected land are entitled to notice and potentially compensation if the restrictions diminish the value of their land interests. The regulations also provide for the approval of structures that might otherwise infringe on the specified height limits. These amendments are effective from the date of gazettal and require consultation with relevant local and state government authorities, in addition to the public notification requirements stipulated in Regulation 16 of the Principal Regulations.
Key Provisions
The Defence (Areas Control) Amendment Regulations 2000 (No. 1) (the Statutory Rule) introduces new regulations under the Defence Act 1903 to manage height restrictions around specific Defence airfields. The main operative sections of the Statutory Rule, such as Sections 3 and 4, introduce new Schedules 15 and 16 to the Defence (Areas Control) Regulations, adding the Remote Instrument Landing System/Tactical Air Navigation Site (ILS/TACAN) Site Beermullah in Western Australia and the Royal Australian Air Force Base Townsville in Queensland to the list of airfields covered. These new schedules contain detailed plans identifying the specific areas affected by the height restrictions, and consequential amendments to existing Schedules 1 to 5 provide a key to the hachurings used in these new plans.
The obligations and requirements imposed by these Regulations primarily focus on ensuring that any construction within the designated areas adheres to the height restrictions necessary for safe aircraft operations and radar functionality. The Regulations mandate that any building or structure within these zones must comply with the specified height limitations, which can vary depending on the operational needs of the airfield. For instance, depending on the area delineated by the plans in Schedules 15 and 16, approvals may be necessary for buildings higher than 7.5 metres, 15 metres, 45 metres, or 90 metres. The Regulations also require that notice be given to owners whose land becomes subject to these restrictions, and provisions are made for compensation if the value of the land is diminished due to these limitations.
In terms of enforcement and consequences, the Statutory Rule does not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance. However, under the overarching Defence Act 1903, failure to comply with the Regulations could potentially lead to legal actions, including fines or other penalties as deemed appropriate by the relevant authorities. The Administrative Appeals Tribunal is empowered to review any decisions or directions made under these Regulations, providing a mechanism for recourse in cases of perceived unfairness or disputes over compliance requirements.
It is also worth noting that the Statutory Rule mandates consultation with relevant Queensland, West Australian, and Local Government authorities as part of the amendment process, alongside the public notification requirements outlined in Regulation 16 of the Principal Regulations. These consultations are intended to ensure that all stakeholders are informed and can provide input before the amendments are finalised. The Statutory Rule comes into effect upon gazettal, meaning it becomes legally binding immediately upon publication in the Commonwealth Gazette.