Defence (Areas Control) Regulations (Amendment) 1996 No. 196
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 196
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 obstructionfree 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 and Tindal in the Northern Territory. The Statutory Rule amends the Principal Regulations to extend the cover to Royal Australian Air Force (RAAF) Base East Sale in the State of Victoria.
The Statutory Rule applies the Principal Regulations to RAAF Base East Sale by adding to the Principal Regulations a new Schedule 12, which contains 19 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 12, covering East Sale.
The effect of the amendments made by the Statutory Rule is to establish the same range of height restrictions at East Sale as at the other prescribed airfields. Depending on operational requirements in each area delineated by the plans contained in Schedule 12, 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 East Sale, there was consultation with the relevant Victorian 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) 1996 No. 196 was enacted to extend the application of the Defence (Areas Control) Regulations, made under the Defence Act 1903, to include Royal Australian Air Force (RAAF) Base East Sale in Victoria. The primary purpose of the amendment is to impose the same height restrictions on buildings and other structures near East Sale as are already in place at other designated Defence airfields across Australia. These restrictions are essential for ensuring the safety of aircraft operations and the effective functioning of radar installations and other air navigation aids that require clear approaches to airfields. The amendment also includes provisions for notice to affected landowners, potential compensation for any diminution in land value, and the ability to approve structures that might otherwise infringe on the restrictions. The Administrative Appeals Tribunal is empowered to review decisions made under the Principal Regulations. The amendment was subject to consultation with relevant state and local government authorities and will be subject to public notification upon approval.
Scope and Application
The Defence (Areas Control) Regulations (Amendment) 1996 No. 196 amends the Defence (Areas Control) Regulations, which are made under the Defence Act 1903. These regulations are designed to impose restrictions on the heights of buildings and other objects in proximity to Defence airfields to ensure safe aircraft operations and the effective functioning of radar installations and air navigation aids. This amendment specifically extends the application of the Principal Regulations to include RAAF Base East Sale in Victoria. The amendment introduces a new Schedule 12 that details 19 plans identifying the areas subject to these restrictions, and makes corresponding changes to existing schedules that outline the hachurings used for these areas. The amendments establish similar height restrictions as those currently in place at other Defence airfields, potentially requiring approval for buildings over certain heights, depending on the specific operational requirements of each delineated area. The amendment also ensures that the Administrative Appeals Tribunal retains its power to review decisions or directions made under the Principal Regulations. The rule, upon gazettal, will come into operation immediately, with prior consultation with relevant Victorian Government and Local Government authorities, and public notification requirements to be fulfilled post-approval.
Key Provisions
The main operative sections of the Defence (Areas Control) Regulations (Amendment) 1996 No. 196 (the Amendment) introduce new provisions that apply the existing Defence (Areas Control) Regulations to Royal Australian Air Force (RAAF) Base East Sale in the State of Victoria. This is achieved by adding a new Schedule 12 to the Principal Regulations, which contains 19 plans identifying the specific areas affected at East Sale. Additionally, the Amendment makes consequential amendments to Schedules 1, 2, 3, 4, and 5 of the Principal Regulations, which provide keys to the hachurings used in Schedule 12.
The Amendment imposes several obligations and requirements on parties and entities governed by the Principal Regulations. Firstly, it mandates that owners of land within the specified areas must adhere to the height restrictions for buildings and structures to ensure the safety and efficiency of aircraft operations and air navigation aids. The Amendment also requires that notice be given to land owners whose property is affected by the new restrictions. Furthermore, it provides for compensation to be paid to those whose land interests are diminished due to the new restrictions. Additionally, the Amendment allows for the approval of buildings and structures that would otherwise infringe upon the restrictions.
There are no specific offences or penalties mentioned in the text of the Amendment itself. However, breaches of the Principal Regulations, which the Amendment extends to East Sale, may result in enforcement actions, including fines and other civil or criminal consequences. The exact penalties for non-compliance would depend on the nature of the breach and the specific provisions of the Defence Act 1903 and related regulations. The Administrative Appeals Tribunal is empowered to review decisions or directions made under the Principal Regulations, providing a mechanism for those affected by the restrictions to seek redress.