Defence (Areas Control) Regulations (Amendment) 1994 No. 321
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 321
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE ACT 1903
DEFENCE (AREAS CONTROL) REGULATIONS (AMENDMENT)
Background
The Defence (Areas Control) Regulations (the Principal Regulations), made under the Defence Act 1903, 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 to land owners affected by the Regulations is required, 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 in Western Australia and Edinburgh in South Australia. The Principal Regulations will now be amended to cover Royal Australian Air Force (RAAF) Base Scherger in Queensland, located 26km east of Weipa on Cape York Peninsula.
Changes
The Regulations amend the Principal Regulations to cover RAAF Base Scherger. This is achieved by adding to the Principal Regulations a new Schedule 9, which contains 4 plans identifying the areas affected. Consequential amendments are also made to Schedules 1, 4 and 5 of the Principal Regulations, which contain the key to the hachurings used in Schedule 9, covering Scherger.
The effect of these amendments is to establish the same range of height restrictions at Scherger as at Nowra, Learmonth and Edinburgh. Depending on operational requirements in each area delineated by the plans contained in Schedule 9, approval may be required for any building, buildings higher than 45 metres or buildings higher than 90 metres.
Consultation
As part of the arrangements for the amendment of the Principal Regulations to cover Scherger, there was consultation with the relevant State and Local Government authorities. This is in addition to the requirement for public notification which will be undertaken now the amendments are approved.
Commencement
The Regulations come into operation on the date of gazettal.
Overview
The Defence (Areas Control) Regulations (Amendment) 1994 No. 321, issued under the authority of the Minister for Defence, represents an amendment to the Defence (Areas Control) Regulations, made under the Defence Act 1903. This amendment was enacted to address the need for extending the existing height restrictions and regulatory framework to cover Royal Australian Air Force (RAAF) Base Scherger in Queensland, thereby ensuring consistent safety standards across all Defence airfields. The primary objective of these regulations is to establish and enforce height restrictions on buildings and other objects in the vicinity of Defence airfields, essential for maintaining safe aircraft operations and the efficacy of radar installations and air navigation aids. This amendment introduces new controls at RAAF Base Scherger, aligning it with the standards applied at Nowra, Learmonth, and Edinburgh, and includes provisions for public notification and consultation with relevant state and local government authorities.
Scope and Application
The Defence (Areas Control) Regulations (Amendment) 1994 No. 321 applies to the Defence airfields at Nowra in New South Wales, Learmonth in Western Australia, Edinburgh in South Australia, and the newly included Royal Australian Air Force Base Scherger in Queensland. This legislation is made under the Defence Act 1903 and it places restrictions on the heights of buildings and other objects in the vicinity of Defence airfields to ensure safe aircraft operations and effective operation of radar installations and other air navigation aids. The regulations confer powers associated with these restrictions, such as the right of entry on land, and require notification to land owners affected by the regulations. Additionally, provisions are made for compensation to the owners of interests in land where the value of those interests is diminished by the land becoming affected by the restrictions. The Administrative Appeals Tribunal is empowered to review decisions or directions made under these regulations. The amendment extends the application of the Principal Regulations to cover RAAF Base Scherger by adding a new Schedule 9, which contains four plans identifying the affected areas. Consequential amendments were also made to Schedules 1, 4 and 5 of the Principal Regulations.
Key Provisions
The Defence (Areas Control) Regulations (Amendment) 1994 No. 321 primarily focuses on extending the Defence (Areas Control) Regulations to include Royal Australian Air Force (RAAF) Base Scherger in Queensland. This extension is achieved through the addition of a new Schedule 9 to the Principal Regulations, which identifies the affected areas around the base through four plans (Schedule 9). The amendment also includes consequential changes to Schedules 1, 4, and 5, which detail the hachurings that apply to Scherger, thereby aligning the height restrictions at Scherger with those at Nowra, Learmonth, and Edinburgh (Schedule 9, Schedule 1, Schedule 4, Schedule 5).
These regulations impose several obligations on parties and entities within the newly affected areas. Firstly, they require land owners to comply with the height restrictions on buildings and other structures, which are necessary for the safe operation of aircraft and air navigation aids around the base (Schedule 9). The regulations also mandate that notice be given to affected land owners and that compensation be provided where the value of land interests is diminished due to these restrictions (Principal Regulations). Furthermore, the regulations empower Defence to grant approval for buildings that would otherwise contravene the height restrictions, subject to operational requirements (Schedule 9).
Breaching these regulations can result in various consequences. For instance, if a party fails to comply with the height restrictions, they may be subject to enforcement actions by Defence, which could include orders to demolish or alter a structure that infringes on the restrictions (Defence Act 1903). Additionally, the regulations provide for the Administrative Appeals Tribunal to review decisions or directions made under the Principal Regulations, ensuring that any enforcement actions are fair and justified (Defence Act 1903). Penalties for non-compliance are not explicitly stated in the explanatory statement but could include fines or other civil penalties under the Defence Act 1903. The specific maximum penalties would depend on the nature and severity of the breach.