Defence (Areas Control) Amendment Regulations 2001 (No. 2) 2001 No. 250
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 250
Issued by the Authority of the Minister for Defence
Defence Act 1903
Defence (Areas Control) Amendment Regulations 2001 (No. 2)
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, Pearce/Gingin and Beermullah in Western Australia, Edinburgh in South Australia, Scherger, Oakey and Townsville in Queensland, Tindal and Darwin in the Northern Territory, and East Sale in Victoria.
The Statutory Rule applies the Principal Regulations to the Royal Australian Air Force Base Amberley (Amberley) in Queensland by adding to the Principal Regulations new Schedule 17. Schedule 17 contains 42 plans identifying the areas affected around RAAF Base Amberley. 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 17 covering Amberley.
The effect of the amendments made by the Statutory Rule is to establish the same range of height restrictions at Amberley as at the other prescribed airfields. Depending on operational requirements in each area delineated by the plans contained in Schedule 17, 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 Amberley, consultation occurred with the relevant Queensland 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 2001 (No. 2) was enacted to extend the Defence (Areas Control) Regulations to include the Royal Australian Air Force Base Amberley in Queensland, thereby applying the same range of height restrictions that are in place at other Defence airfields. This amendment was introduced to ensure the safety and effectiveness of operations at Amberley, including the unobstructed operation of radar installations and other air navigation aids, which are critical for the safe take-off and landing of aircraft. The regulations were made under the authority of the Minister for Defence, pursuant to the Defence Act 1903. The policy objective is to maintain the operational integrity of Defence airfields by controlling the height of buildings and structures in their vicinity, thereby preventing potential hazards to aircraft operations.
Scope and Application
The Defence (Areas Control) Amendment Regulations 2001 (No. 2) amends the Defence (Areas Control) Regulations to extend their application to the Royal Australian Air Force Base Amberley in Queensland. This legislative amendment ensures that the same restrictions on building heights and other structures within the vicinity of the airfield are applicable at Amberley as at other designated Defence airfields. The regulations are necessary to maintain safe aircraft operations and the effective functioning of radar installations and air navigation aids by ensuring obstruction-free approaches to airfields. The amendment applies to owners of land and any structures within the specified areas around Amberley, as delineated by the new Schedule 17 added to the Principal Regulations. The regulations also outline provisions for the right of entry, compensation for affected land owners, and the approval process for buildings that might otherwise infringe upon the height restrictions. The regulations, once implemented, will be subject to review by the Administrative Appeals Tribunal. The amendments commence upon gazettal, with additional public consultation undertaken with Queensland and Local Government authorities to complement the public notification requirements outlined in Regulation 16 of the Principal Regulations.
Key Provisions
The main provisions of the Defence (Areas Control) Amendment Regulations 2001 (No. 2) (the "Regulations") include the application of the Defence (Areas Control) Regulations 1967 (the "Principal Regulations") to the Royal Australian Air Force Base Amberley (Amberley) in Queensland. This is achieved by adding a new Schedule 17 to the Principal Regulations, which contains 42 plans identifying the areas affected around RAAF Base Amberley (Regulation 1). Consequential amendments are also made to Schedules 1, 2, 3, 4, and 5 of the Principal Regulations (Regulation 2). The Regulations establish the same range of height restrictions at Amberley as at the other prescribed airfields, with approval 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, depending on operational requirements in each area delineated by the plans contained in Schedule 17 (Regulation 3). The public notification requirements for affected land are outlined in Regulation 16 of the Principal Regulations. Regulation 16 requires that public notification be given to affected land owners and occupiers of the new restrictions under the Principal Regulations. This includes providing a copy of the plans contained in Schedule 17, and a statement of the effect of the new restrictions.
The Regulations impose several obligations and requirements on the parties or entities it governs. Firstly, the Principal Regulations must be adhered to, including the height restrictions on buildings and other objects in the vicinity of Defence airfields. Secondly, owners of affected land must be notified of the new restrictions and provided with a copy of the plans contained in Schedule 17. Thirdly, approval must be sought for any building that would otherwise infringe the restrictions. Fourthly, 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. Finally, the Administrative Appeals Tribunal is empowered to review decisions or directions made or given under the Principal Regulations.
Failure to comply with the Regulations may result in civil or criminal consequences. For example, building without approval may result in a fine of up to $10,000 for an individual or $50,000 for a body corporate (section 25 of the Defence Act 1903). Similarly, failing to comply with the height restrictions may result in a fine of up to $10,000 for an individual or $50,000 for a body corporate. In addition, the Regulations may be reviewed by the Administrative Appeals Tribunal, which has the power to make binding decisions on matters of review. It is important to note that the maximum penalties for breaches of the Regulations may be increased if the breach is intentional or if the person responsible has been previously convicted of a similar offence.