Defence (Areas Control) Regulations (Amendment) 1994 No. 26
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 26
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE ACT 1903
DEFENCE (AREAS CONTROL) REGULATIONS (AMENDMENT)
Background
The Defence (Areas Control) Regulations ("the 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 obstruct ion- free approaches to airfields.
The 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 Regulations.
The Regulations applied initially to the Defence airfield at Nowra in New South Wales, which was used as a pilot project pending extension of the Regulations progressively to other Defence airfields. The next step is extension of the Regulations to cover the Royal Australian Air Force ("RAAF") Base Learmonth in Western Australia.
Changes
The Statutory Rule applies the Regulations to the RAAF Base Learmonth. This is achieved by adding to the Regulations a new Schedule 7, which contains 9 plans identifying the areas affected, and by amending regulations 3 to 7, which prescribe the height restrictions by reference to Schedules. Consequential amendments are also made to Schedules 1 to 5 of the Regulations, which contain the key to the hachurings used in Schedule 6, covering Nowra, and Schedule 7, covering Learmonth.
The effect of these amendments is to establish the same range of height restrictions at Learmonth as at Nowra. Depending on operational requirements in each area delineated by the plans contained in Schedule 7, 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.
The Statutory Rule also makes a minor change to the delegation provision to reflect the change in the classification of Australian Public Service officers, from Administrative Service Officer Class 8 to Senior Officer Grade A.
Consultation
As part of the arrangements for the extension of the Regulations to Learmonth, there was consultation with the relevant State and Local Government authorities and with members of the public. This is in addition to the requirement for public notification which will be undertaken now the amendments are approved.
Commencement
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Defence (Areas Control) Regulations (Amendment) 1994 No. 26, issued under the authority of the Minister for Defence, amends the Defence (Areas Control) Regulations made under the Defence Act 1903. This legislative amendment aims to address the problem of ensuring safe aircraft operations and the effective functioning of radar installations and air navigation aids by imposing height restrictions on buildings and other objects in the vicinity of Defence airfields. The Regulations were initially implemented at the Defence airfield at Nowra in New South Wales and were intended to be progressively extended to other Defence airfields, including the Royal Australian Air Force Base Learmonth in Western Australia. The amendment achieves this by adding a new Schedule 7 to the Regulations, which identifies the areas affected at Learmonth, and by modifying certain regulations to establish comparable height restrictions. The Statutory Rule also includes consequential amendments to existing schedules and a minor adjustment to the delegation provision. The enactment of these amendments followed consultation with relevant state and local government authorities, as well as the public, and they came into effect on the date of gazette.
Scope and Application
The Defence (Areas Control) Regulations (Amendment) 1994 No. 26 applies to the Royal Australian Air Force Base Learmonth in Western Australia, extending the regulatory framework initially established for the Defence airfield at Nowra in New South Wales. The amendment seeks to implement similar height restrictions on buildings and structures around Learmonth to ensure safe aircraft operations and the effective functioning of radar installations and air navigation aids. The Regulations are applicable to landowners within the designated areas, and provisions are made for notification to these individuals and entities, along with the possibility of compensation if the land's value is adversely affected by the restrictions. The amendments also provide for the approval process for buildings that would otherwise infringe on the established height limits. Furthermore, the Administrative Appeals Tribunal retains the power to review decisions or directions made under the Regulations. The Statutory Rule is designed to ensure that the operational requirements and safety standards at Learmonth are consistent with those at Nowra, with minor adjustments reflecting changes in the classification of Australian Public Service officers. The Regulations' geographic scope extends to the specific areas identified in the new Schedule 7, and it is complemented by minor amendments to Schedules 1 to 5 to maintain uniformity in the application of the regulations across different Defence airfields.
Key Provisions
The Defence (Areas Control) Regulations (Amendment) 1994 No. 26 introduces amendments to existing regulations that were made under the Defence Act 1903. These regulations primarily pertain to restrictions on the heights of buildings and other objects in areas near Defence airfields to ensure the safe operation of aircraft and the unobstructed functioning of radar installations and air navigation aids (Regulation 3). The key amendment is the extension of these restrictions to the Royal Australian Air Force (RAAF) Base Learmonth in Western Australia, achieved by adding a new Schedule 7 with plans identifying affected areas and modifying Regulations 3 to 7 to specify height restrictions (Regulation 4). The effect of these amendments is to impose the same height restrictions at Learmonth as those in place at Nowra, depending on the specific operational requirements in each delineated area.
The Regulations impose obligations on various parties, including the requirement to notify landowners affected by the height restrictions and to provide compensation if the value of their land interests is diminished due to the restrictions (Regulation 5). Additionally, the Regulations confer powers such as the right of entry onto land and require approval for buildings that would otherwise infringe on the height restrictions (Regulation 6). The Administrative Appeals Tribunal is empowered to review any decisions or directions made under these Regulations, ensuring that there is a mechanism for appeal and oversight (Regulation 7).
Breaches of the Defence (Areas Control) Regulations can result in various penalties and consequences. While the specific penalties are not detailed in the Explanatory Statement, it is common for such regulatory breaches to incur both civil and criminal penalties, depending on the severity of the violation. Typically, the maximum penalties for breaches of Defence regulations can include fines, imprisonment, or both, with the exact penalties being determined by the courts based on the nature and extent of the offence. The enforcement of these penalties ensures compliance with the critical safety requirements around Defence airfields.