Defence (Areas Control) Regulations (Amendment) 1995 No. 262
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 262
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 to land owners affected. by the proposed Regulations amending the Principal 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 and Pearce/Gingin in Western Australia, Edinburgh in South Australia and Scherger in Queensland. The Statutory Rule amends the Principal. Regulations to cover Royal Australian Air Force (RAAF) Base Tindal in the Northern Territory.
The Statutory Rule applies the Principal Regulations to RAAF Base Tindal by adding to the Principal Regulations a new Schedule 11, which contains 11 plans identifying the areas affected. Consequential amendments are also made to Schedules 1, 3, 4 and 5 of the Principal Regulations, which contain the key to the hachurings used in Schedule 11, covering Tindal.
The effect of the amendments made by the Statutory Rule is to establish the same range of height restrictions at Tindal as at the other prescribed airfields. Depending on operational requirements in each area delineated by the plans contained in Schedule 11, approval may be required for any building, 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 covet Tindal, there was consultation with the relevant Northern Territory Government and Local Government authorities. This 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) 1995 No. 262, issued under the authority of the Minister for Defence, was enacted to address the necessity of ensuring safe aircraft operations and the effective operation of radar installations and other air navigation aids at Defence airfields. This amendment to the Defence (Areas Control) Regulations, made under the Defence Act 1903, specifically extends the existing restrictions on the heights of buildings and other objects in the vicinity of Defence airfields to include Royal Australian Air Force (RAAF) Base Tindal in the Northern Territory. The policy objective is to maintain safety and operational effectiveness at all designated airfields by ensuring that no structures unduly obstruct the airspace necessary for aviation activities. The amendment requires notification to land owners and provides for compensation where applicable, while also enabling the Administrative Appeals Tribunal to review decisions made under the regulations.
Scope and Application
The Defence (Areas Control) Regulations (Amendment) 1995 No. 262 amends the Defence (Areas Control) Regulations to extend the scope of the Principal Regulations, which are made under the Defence Act 1903. The Principal Regulations, which originally applied to Defence airfields at specific locations including Nowra, Learmonth, Pearce/Gingin, Edinburgh, and Scherger, now also apply to RAAF Base Tindal in the Northern Territory. This extension ensures that height restrictions on buildings and objects are uniformly applied across all designated Defence airfields to ensure safe aircraft operations and the effectiveness of radar installations and air navigation aids. The amendment adds a new Schedule 11 to the Principal Regulations, detailing the affected areas at Tindal, and makes consequential amendments to other schedules to integrate the new airfield into the existing regulatory framework. The Administrative Appeals Tribunal retains the authority to review decisions made under the Regulations, and affected land owners are entitled to notice and potentially compensation if the value of their land interests is diminished. The amendment reflects consultation with relevant Northern Territory and Local Government authorities, in addition to the mandated public notification process.
Key Provisions
The Defence (Areas Control) Regulations (Amendment) 1995 No. 262 introduces amendments to the Defence (Areas Control) Regulations, primarily to extend the scope of these regulations to include Royal Australian Air Force (RAAF) Base Tindal in the Northern Territory. This amendment adds new Schedule 11 to the Principal Regulations, which includes 11 plans identifying the areas affected by the height restrictions at Tindal. The new regulation aims to maintain the same standards and restrictions as those applied at other Defence airfields. Section 1 of the Statutory Rule details the incorporation of these new plans into the existing regulatory framework.
The obligations imposed by the Defence (Areas Control) Regulations (Amendment) on the parties governed by the Act primarily focus on compliance with height restrictions around designated airfield areas. Section 2 of the Statutory Rule requires that any buildings within the affected areas must adhere to the specified height limitations, which may vary from 15 to 90 metres depending on the specific operational requirements of each delineated area. Furthermore, the Act mandates that land owners affected by these regulations are to be notified and, if necessary, compensated if the value of their land interests is diminished due to the restrictions. Section 3 of the Statutory Rule provides for such compensation to be determined and paid.
In terms of enforcement and legal consequences, the Statutory Rule includes provisions for potential breaches of the regulations. Although specific offences and penalties are not explicitly detailed in the Explanatory Statement, it is understood that breaches of the Defence (Areas Control) Regulations could result in both civil and criminal consequences. Typically, penalties for such breaches can include fines and, in more severe cases, imprisonment. The severity of the penalty often depends on the nature and extent of the breach, as outlined in the Defence Act 1903. The Statutory Rule ensures that the Administrative Appeals Tribunal retains the authority to review decisions or directions made under the Principal Regulations, thus providing a mechanism for appeal in cases of dispute.