Defence (Areas Control) Regulations (Amendment)

Overview

The Defence (Areas Control) Regulations (Amendment) 1994 No. 245 were enacted to address the need for consistency in height restrictions around Defence airfields across Australia. This amendment to the Defence (Areas Control) Regulations, made under the Defence Act 1903, was introduced to extend the scope of the Principal Regulations to include RAAF Base Edinburgh in South Australia. This was achieved by adding a new Schedule 8 to the Principal Regulations, which contains 19 plans identifying the affected areas. The policy objective is to ensure that there are uniform height restrictions at all Defence airfields to maintain safe aircraft operations and the effective operation of radar installations and air navigation aids. The regulations also establish provisions for land owners to be notified and for compensation where necessary, and empower the Administrative Appeals Tribunal to review decisions made under the Regulations. The amendment process involved consultation with relevant State and Local Government authorities and public notification. The Regulations came into effect on the date of gazettal.

Scope and Application

The Defence (Areas Control) Regulations (Amendment) 1994 No. 245, issued under the authority of the Minister for Defence and pursuant to the Defence Act 1903, pertains to the management and regulation of building heights and structures around Defence airfields to ensure the safety and effectiveness of aircraft operations and air navigation aids. These Regulations apply to land owners and entities within the specified controlled areas surrounding the RAAF Base Edinburgh in South Australia, extending the existing provisions that previously applied to the Defence airfields at Nowra in New South Wales and Learmonth in Western Australia. The Regulations allow for a range of height restrictions on buildings and other objects, with varying degrees of required approval depending on the operational needs of the airfield. Additionally, the Regulations provide for the review of decisions made under them by the Administrative Appeals Tribunal and include provisions for compensation where land value is diminished by the restrictions. The amendment to include the RAAF Base Edinburgh was made after consultation with relevant State and Local Government authorities and public notification. The Regulations come into effect on the date of their gazettal.

Key Provisions

The Defence (Areas Control) Regulations (Amendment) 1994 No. 245 introduces amendments to the Defence (Areas Control) Regulations made under the Defence Act 1903. The primary amendments involve the addition of a new Schedule 8 to the Principal Regulations, which now includes plans that identify the areas affected by the height restrictions around the RAAF Base Edinburgh in South Australia. This amendment essentially extends the existing restrictions that apply to the Defence airfields at Nowra in New South Wales and Learmonth in Western Australia to cover the new airfield at Edinburgh. Section 3(1) of the Regulations specifies the new Schedule 8, detailing the areas affected by the height restrictions, while sections 3(2) to 3(5) make consequential amendments to Schedules 1 to 5, ensuring consistency in the hachurings used across all three airfields. These amendments aim to establish the same range of height restrictions at Edinburgh as at Nowra and Learmonth, thereby ensuring uniform safety and operational standards. The obligations under these Regulations include providing notice to landowners whose properties are affected by the height restrictions. The landowners must be informed of the restrictions and any potential impact on the value of their land. Furthermore, the Regulations empower the approval process for buildings and structures that would otherwise infringe the established height limits, as specified in the new Schedule 8. The Regulations also include provisions for compensation for landowners whose interests are diminished due to the restrictions. This is an important aspect, ensuring that affected parties are adequately compensated for any loss of value or usability of their land. Additionally, the Administrative Appeals Tribunal is empowered to review decisions or directions made under the Principal Regulations, providing a mechanism for redress if a landowner feels that a decision has been made unfairly. Breaches of the Regulations may result in various consequences, both civil and criminal. The specific penalties are not detailed in the explanatory statement but typically, under the Defence Act 1903, non-compliance can lead to fines or other civil penalties as determined by the courts. In more severe cases, criminal penalties may apply, although these would be subject to the particular provisions of the Defence Act and other relevant legislation. The exact nature and severity of the penalties would be determined based on the specifics of the breach and the discretion of the courts.