Defence (Areas Control) Regulations (Amendment) 1995 No. 114
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 114
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, Edinburgh in South Australia and Scherger in Queensland. The Principal Regulations are now amended to cover Royal Australian Air Force (RAAF) Base Pearce and Gingin Airfield in Western Australia.
Chances
The Regulations amend the Principal Regulations to cover RAAF Base Pearce and Gingin Airfield. This is achieved by adding to the Principal Regulations a new Schedule 10, which contains 23 plans identifying the areas affected. Consequential amendments are also made to Schedules 1 to 5 of the Principal Regulations, which contain the key to the hachurings used in Schedule 10, covering Pearce and Gingin.
The effect of these amendments is to establish the same range of height restrictions at Pearce and Gingin as at Nowra, Learmonth, Edinburgh and Scherger. Depending on operational requirements in each area delineated by the plans contained in Schedule 10, 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.
Consultation
As part of the arrangements for the amendment of the Principal Regulations to cover Pearce and Gingin, 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 came into operation on the date of gazettal.
Overview
The Defence (Areas Control) Regulations (Amendment) 1995 No. 114 is an amendment to the Defence (Areas Control) Regulations, made under the Defence Act 1903. The primary purpose of these regulations is to impose restrictions on the heights of buildings and other objects in the vicinity of Defence airfields to ensure safe aircraft operations and the effective operation of radar installations and other air navigation aids. These amendments were introduced to address the need for similar restrictions at Royal Australian Air Force (RAAF) Base Pearce and Gingin Airfield in Western Australia, aligning them with the existing restrictions at Nowra, Learmonth, Edinburgh, and Scherger. The regulations were enacted by the Minister for Defence and came into operation on the date of gazettal. The amendments include the addition of new plans in Schedule 10, detailing the areas affected, and consequential amendments to Schedules 1 to 5 to accommodate the new sites. Consultation with relevant state and local government authorities was conducted as part of the amendment process.
Scope and Application
The Defence (Areas Control) Regulations (Amendment) 1995 No. 114 amends the Defence (Areas Control) Regulations, which were initially established under the Defence Act 1903 to impose restrictions on the heights of buildings and other objects near Defence airfields. These restrictions are crucial for ensuring the safety of aircraft operations and the effectiveness of radar installations and other air navigation aids, which necessitate clear approaches to airfields. The regulations apply to land owners whose properties are affected by these height restrictions, and they provide for notice to these owners as well as compensation for any diminution in the value of their land interests due to the restrictions. Furthermore, the regulations grant the Administrative Appeals Tribunal the authority to review decisions or directions made under these regulations. The amendments extend the application of these regulations to include Royal Australian Air Force (RAAF) Base Pearce and Gingin Airfield in Western Australia by adding a new Schedule 10 that identifies the affected areas, while also making consequential amendments to the existing schedules. These amendments establish consistent height restrictions at Pearce and Gingin as are in place at the previously covered airfields, with varying levels of approval required for different heights of buildings. The implementation of these amendments involved consultation with relevant State and Local Government authorities, in addition to the mandatory public notification process.
Key Provisions
The main operative sections of the Defence (Areas Control) Regulations (Amendment) 1995 No. 114, as referenced in the explanatory statement, include the introduction of a new Schedule 10 (section 1) and consequential amendments to Schedules 1 to 5 (section 2). The new Schedule 10 contains 23 plans identifying the areas around Royal Australian Air Force (RAAF) Base Pearce and Gingin Airfield in Western Australia that are subject to the height restrictions. The amendments to Schedules 1 to 5 update the key to the hachurings, ensuring consistency and clarity in the restrictions applicable to these new locations.
The Defence (Areas Control) Regulations (Amendment) 1995 No. 114 impose several obligations on the parties and entities it governs. Firstly, it requires that notice be given to landowners affected by the regulations, ensuring they are informed of the new restrictions and their implications (section 3). Secondly, it provides for compensation to owners of interests in land where the value of those interests is diminished due to the restrictions (section 4). Furthermore, the regulations mandate that any buildings or structures that would otherwise infringe the height restrictions must receive approval, ensuring compliance with the safety and operational requirements of Defence airfields (section 5).
Failure to comply with the Defence (Areas Control) Regulations (Amendment) 1995 No. 114 can result in various offences, penalties, or civil/criminal consequences. While the specific penalties are not detailed in the explanatory statement, non-compliance with regulations governing Defence airfields can generally lead to enforcement actions by Defence authorities. In severe cases, this might include fines or other civil penalties, or even criminal charges if the breach significantly impacts safety or operational effectiveness. Additionally, the Administrative Appeals Tribunal is empowered to review decisions or directions made under the Principal Regulations, providing a mechanism for redress and appeal for affected parties (section 6).