EXPLANATORY STATEMENT
Issued by the authority of the Minister for Defence
Defence Act 1903
Defence Regulation 2016
Defence (Defence Area – RAAF Base Williamtown runway works) Declaration 2018
GENERAL SUMMARY
RAAF Base Williamtown is the Royal Australian Air Force’s main fighter pilot training base and will house most of the planned F-35 Joint Strike Fighter Lightning aircraft. To support the introduction of the F-35A Joint Strike Fighter, works will be undertaken including the extension of the existing runway in both northwest and southeast directions.
The runway extension requires the placement of high intensity approach lighting outside the current base perimeter. Obstacle clearance constraints must also be extended to maintain compliance with the Civil Aviation Safety Regulations (applied by Defence to aerodrome design in accordance with regulations issued by the
Defence Aviation Safety Authority). This will require removal and/or pruning of selected vegetation on land outside the base perimeter at either end of the runway.
Portions of four land parcels owned by the NSW National Parks and Wildlife Service are affected by the runway extension. The Hunter Water Corporation has various assets and access routes across the affected area and maintains a joint management arrangement with the NSW National Parks and Wildlife Service.
The land in this location will enable the delivery of a compliant 10,000 foot runway which is a mandatory requirement for the F-35A Joint Strike Fighter aircraft. Installation of navigational aids at the end of the runway will significantly enhance the operability of the runway in inclement weather.
As part of the runway extension works and compliance with airfield regulations an Environmental Impact Assessment was completed in May 2013 for the F-35A Joint Strike Fighter project in total. It included an assessment of vegetation clearing of the affected land and concluded that the proposed works were unlikely to produce significant environmental impacts.
To facilitate the required environmental approvals, and to determine the minimum area of vegetation that needs to be cleared or pruned to achieve compliance with airfield requirements, an ecological survey will be conducted and the Environmental Impact Assessment updated and reissued.
The Defence (Defence Area – RAAF Base Williamtown runway works) Declaration 2018, made under section 58 of the Defence Regulation 2016, will ensure that appropriate safety and security measures can be implemented while the required work is undertaken and the acquisition of the land is negotiated.
Authority for instrument
The declaration is made under section 58 of the Defence Regulation 2016. Under that provision, the Minister for Defence may, by legislative instrument, declare an area of land, sea or airspace in or adjacent to Australia to be a Defence Area for use for a defence purpose. Under subsection 58(3), the Minister for Defence must not declare an area unless one of the four listed conditions applies. Relevantly, paragraph 58(3) (c) provides for the case where it is necessary or expedient, in the interests of the safety or defence of Australia, to use the area for the purpose of carrying out a defence operation or practice.
The introduction of the F-35A Joint Strike Fighter aircraft is in the interest of the safety and defence of Australia, and it is both necessary and expedient to use the area in question to support operations and practices out of RAAF Base Williamtown.
Subsection 58(2) requires that the declaration of a Defence Area must specify the defence purpose for which the area is required, and whether entry to the Defence Area is to be prohibited at all times or during particular periods only.
Defence purpose for which area is required (section 58(2) (a))
The area is required for the defence purpose of supporting safe aircraft operation from RAAF Base Williamtown (including, but not limited to, the operation of Defence Force aircraft for training purposes and in exercises and operations).
Prohibition of entry (section 58(2) (b))
Entry into the RAAF Base Williamtown runway works area is to be prohibited at all times. Permission for a person to enter the area may be given under section 62 of the Defence Regulation 2016.
Area to be declared
The declaration provides a description of the RAAF Base Williamtown. The total area in the RAAF Base Williamtown runway works is approximately 85 hectares.
This is the minimum amount of land that meets the relevant aviation safety requirements. The map includes lot / plan numbers for affected land parcels and latitude / longitude coordinates for key points of areas of land.
Period declaration is to be in effect
The area will be declared for a period of five years - from 14 November 2018 to
13 November 2023 - to undertake required work for the introduction of the
F-35A Joint Strike Fighter.
Details of the Declaration are set out in Attachment 1.
Consultation
Extensive consultation was undertaken with the land owner, the NSW National Parks and Wildlife Service, and with the Hunter Water Corporation which holds interests in the land. As the declaration relates only to construction related activity, consultation was limited to the affected landholders only.
Commencement
This instrument commences on 14 November 2018.
Statement of Compatibility with Human Rights -Prepared in accordance with
Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
A statement of compatibility with Human Rights is set out at Attachment 2.
Attachment 1
Details of the Defence (Defence Area – RAAF Base Williamtown runway works) Declaration 2018
Item 1 – Name
This item sets out the name of the instrument to be Defence (Defence Area – RAAF Base Williamtown runway works) Declaration 2018.
Item 2 – Commencement
This item sets out that the whole of the instrument commences on 14 November 2018.
Item 3 – Authority
The authority for making this instrument is section 58 of the Defence Regulation 2016.
Item 4 – Declaration of defence area
Item 4 (1) sets out that the ‘RAAF Base Williamtown runway works area’ is declared to be a defence area for the purpose of supporting safe aircraft operation from RAAF Base Williamtown. Safe aircraft operation includes, but is not limited to, the operation of Defence Force aircraft for training purposes and in exercises and operations.
Item 4(2) sets out that entry into the ‘RAAF Base Williamtown runway works area’ is prohibited at all times. However, a person may be given permission to enter the area under section 62 of the Defence Regulation 2016.
Item 4(3) provides that the ‘RAAF Base Williamtown runway works area’ is the area of land adjacent to RAAF Base Williamtown in New South Wales that is depicted on the map provided in the instrument.
Item 4(4) provides that the property boundaries and geographical coordinates shown on the map are to be used to determine the areas of land depicted on the map showing the declared Defence Area.
Item 5 – Repeal of this instrument
This item provides that the instrument will automatically be repealed at the end of
13 November 2023. The end of 13 November 2023 is midnight on that day.
Schedule 1 – Map
Schedule 1 contains the map depicting the ‘RAAF Base Williamtown runway works area
Attachment 2
Statement of Compatibility with Human Rights
This Declaration is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The purpose of this Declaration is to declare portions of land parcels adjacent to RAAF Base Williamtown a defence area for the defence purpose of supporting safe aircraft operation from RAAF Base Williamtown. Aircraft operation includes, but is not limited to, the operation of Defence Force aircraft for training purposes and in exercises and operations. The Declaration will prohibit unauthorised entry during the period 14 November 2018 to 13 November 2023.
This Declaration engages the following human right:
- The freedom of movement (article 12 of the International Covenant on Civil and Political Rights).
The right to freedom of movement includes the right to move freely within a country for those who are lawfully in that country. This Declaration places restrictions on who may enter the RAAF Base Williamtown runway works area, thereby limiting the right to move freely within a country.
Limiting this right is reasonable and necessary as the Declaration is intended to protect national security and human safety. The defence area will be used to conduct works to extend RAAF Base Williamtown’s runway in preparation for the introduction of the F-35A Joint Strike Fighter. The works will incorporate placement of high intensity approach lighting, clearance of obstacles at either end of the runway to meet Civil Aviation Safety Regulations (applied by Defence to aerodrome design in accordance with regulations issued by the Defence Aviation Safety Authority) and enable the delivery of a compliant 10,000 foot runway required for the F-35A aircraft.
This Declaration places restrictions on who may enter the RAAF Base Williamtown runway works area and provides the necessary authority to Defence to control the movement of members of the public within the defence area. This may include the removal of unauthorised members of the public or movable property from the area. This will provide a legal basis to regulate entries into the area for the safety and security of the public and Defence Force aircraft and personnel.
This Declaration provides the necessary authority to meet aviation safety standards and supports safe aircraft operation including, but not limited to, the operation of Defence Force aircraft for training purposes and in exercises and operations.
This Instrument is compatible with human rights because to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.