Defence (Areas Control) Regulations (Amendment) 1998 No. 60
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 60
Issued by the Authority of the Minister for Defence
Defence Act 1903
Defence (Areas Control) Regulations (Amendment)
The Defence (Areas Control) Regulations (the Principal Regulations), made under 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 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 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, Learmonth and Pearce/Gingin in Western Australia, Edinburgh in South Australia, Scherger in Queensland, Tindal in the Northern Territory and East Sale in Victoria. The Statutory Rule amends the Principal Regulations to extend the cover to Royal Australian Air Force (RAAF) Base Darwin in the Northern Territory.
The Statutory Rule applies the Principal Regulations to RAAF Base Darwin by adding to the Principal Regulations a new Schedule 13, which contains 13 plans identifying the areas affected. 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 13, covering Darwin.
The effect of the amendments made by the Statutory Rule is to establish the same range of height restrictions at Darwin as at the other prescribed airfields. Depending on operational requirements in each area delineated by the plans contained in Schedule 13, 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.
As part of the arrangements for the amendment of the Principal Regulations to cover Darwin, there was consultation with the relevant Northern Territory Government and Local Government authorities. As Darwin is a joint user airfield, there was also consultation with the Federal Airports Corporation. This consultation is in addition to the requirement for public notification, which will be undertaken now the amendments are approved.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Defence (Areas Control) Regulations (Amendment) 1998 No. 60, issued under the authority of the Minister for Defence, amends the Defence (Areas Control) Regulations made pursuant to the Defence Act 1903. This statutory rule addresses the need to extend the height restrictions and control measures to the Royal Australian Air Force (RAAF) Base Darwin in the Northern Territory, ensuring uniform safety standards and operational effectiveness across all Defence airfields. The policy objective is to maintain clear approaches to airfields, which is crucial for the safety of aircraft operations and the efficacy of radar installations and other air navigation aids. The amendments establish the same range of height restrictions at RAAF Base Darwin as are in place at other prescribed airfields, and the rule comes into operation on the date of gazettal.
Scope and Application
The Defence (Areas Control) Regulations (Amendment) 1998 No. 60 applies to RAAF Base Darwin in the Northern Territory, extending the existing restrictions on the heights of buildings and other objects in the vicinity of Defence airfields. This amendment to the Principal Regulations, which are made under the Defence Act 1903, is designed to ensure safe aircraft operations and the effective operation of radar installations and other air navigation aids by maintaining obstruction-free approaches to airfields. The amendment adds a new Schedule 13 to the Principal Regulations, which includes 13 plans identifying the specific areas around RAAF Base Darwin affected by the height restrictions. These restrictions range from requiring approval for any building, to specific height limitations of 7.5 metres, 15 metres, 45 metres, or 90 metres depending on the delineated area. The amendment also involves consequential changes to other schedules within the Principal Regulations to align with the new coverage for Darwin. The Statutory Rule is subject to consultation with relevant Northern Territory Government, Local Government authorities, and the Federal Airports Corporation due to the joint use nature of the airfield. Public notification is mandated once the amendments are approved. The Statutory Rule comes into operation on the date of gazettal.
Key Provisions
The main operative sections of the Defence (Areas Control) Regulations (Amendment) 1998 No. 60 (the Statutory Rule) are those that amend the Defence (Areas Control) Regulations (the Principal Regulations) to extend their application to Royal Australian Air Force (RAAF) Base Darwin in the Northern Territory. Specifically, the Statutory Rule introduces a new Schedule 13 (section 3) which identifies the areas at RAAF Base Darwin subject to the height restrictions, and makes consequential amendments to Schedules 1, 2, 3, 4, and 5 (section 4). These amendments establish the same range of height restrictions at Darwin as at the other prescribed airfields, with approval requirements for buildings depending on their height and the operational requirements of the delineated areas (section 3(2)).
The obligations and requirements imposed by the Principal Regulations, as amended by the Statutory Rule, include the necessity for owners of land affected by the height restrictions to be notified (section 17). Furthermore, there is a provision for compensation to be given to owners of interests in land where the value of those interests is diminished by the restrictions (section 18). The Regulations also provide for the approval of buildings and structures that would otherwise infringe the height restrictions (section 16). The Administrative Appeals Tribunal is empowered to review decisions or directions made or given under the Principal Regulations (section 23).
Breach of the Defence (Areas Control) Regulations can result in various penalties and consequences, although the Statutory Rule itself does not specify these penalties. Typically, under the Defence Act 1903, offences may include unauthorised construction or modifications to buildings or structures that contravene the Regulations. Penalties for such offences can vary depending on the nature and severity of the breach. In civil terms, failure to comply with the Regulations could result in legal action being taken to enforce compliance or seek damages for any losses incurred due to non-compliance. Criminal penalties might apply in cases of wilful or negligent breaches, potentially leading to fines or imprisonment, as prescribed by the Defence Act 1903 and other relevant legislation.