EXPLANATORY STATEMENT
Issued by the authority of the Minister for Defence
Defence Act 1903
Defence Regulation 2016
Defence (Defence Area – Stanage Bay) Declaration 2017
GENERAL SUMMARY
Exercise Talisman Saber is a biennial Australia – United States exercise, which will be conducted in July 2017. During the course of the exercise, Defence intends to undertake amphibious landings at Stanage Bay, which is near the Shoalwater Bay practice area declared under the Defence Force Regulations 1952, and will be using an area surrounding Stanage Bay as a ‘non-Defence training area’ (that is, a training area that is not on Defence land).
These exercises are usually conducted with the cooperation of state police, in this case the Queensland Police Service (QPS). The ability of the QPS to control the movement and activities of members of the public within the proposed non-defence training area is subject to a variety of different legal authorities applicable to public and private land. In particular, QPS does not have authority to remove people from the intertidal zone, where amphibious landings will be conducted. There are, accordingly, concerns for the safety of members of the public and people participating in the exercise.
The Defence (Defence Area – Stanage Bay) Declaration 2017 will ensure that appropriate safety and security measures can be implemented for the conduct of the amphibious landing activity at Stanage Bay and that there is adequate authority for the QPS and the Australian Defence Force (ADF) to control the movement and activities of members of the public within the non-defence training area of Stanage bay.
Area to be declared
The declaration provides a description of the Stanage Bay area with an accompanying map. The map includes lot / plan numbers for land parcels and latitude / longitude coordinates for key points of areas of land and sea. All land areas declared have the permission of the land owners.
Defence purpose for which area is required (s 58(2)(a))
The area is required for the defence purpose of preparing for and conducting Exercise Talisman Saber 2017, including, but not limited to, the participation of Australian Defence Force members and United States armed forces in amphibious landings in the area.
Prohibition of entry (s 58(2)(b))
Entry into the area is to be prohibited during particular periods, as determined under s 59(1) (see s 58(2)(b)(ii)). Defence does not intend to exclude residents from accessing their own properties.
Period declaration is to be in effect
The intention is to declare the area for only a limited period – from 1 July 2017 to 31 July 2017. This will cover the bulk of the period of Exercise Talisman Saber 2017, of 8 to 25 July, as well as several days prior to and after the exercise in case there is a need to prohibit entry during preparations for the exercise or for any remediation activities after the exercise.
Details of the Declaration are set out in Attachment 1.
Consultation
Extensive consultation was undertaken with the land owners and lessees, local residents, local businesses, the Livingstone Shire Council and the Rockhampton Regional Council, the Darumbal People, Darumbal Enterprises (as the Prescribed Body Corporate representing the Native Title Holders for the area), various Queensland State Government bodies, Queensland Police Service, Australian Government Solicitor, ASIO and the Defence Security and Vetting Service.
Commencement
This instrument commences on 1 July 2017.
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 – Stanage Bay) Declaration 2017
Item 1 – Name
This item sets out the name of the instrument to be Defence (Defence Area – Stanage Bay) Declaration 2017.
Item 2 – Commencement
The commencement table sets out that the whole of the instrument commences on 1 July 2017.
Item 3 – Authority
The authority for making this instrument is under section 58 of the Defence Regulations 2016.
Item 4 – Declaration of defence area
Items 4 (1) sets out that the Stanage Bay area is declared to be a defence area for the purpose of preparing, and conducting, Exercise Talisman Saber 2017 and post-exercise activities (including, but not limited to, the participation of members of the Defence Force and the United States armed forces in amphibious landings in the area).
Item 4(2) sets out that entry into the Stanage Bay area is prohibited during particular periods as determined under subsection 59(1) of the Defence Regulations 2016.
Item 4(3) provides that the Stanage Bay area of land and sea near the town of Stanage Bay in Queensland are outlined by lots of land and the sea as depicted in the map provided in the instrument.
Item 4(4) sets out the parcels of land depicted as lot / plan numbers and describe a partial parcel of land consisting of an access road area between Stanage Bay Road and the neighbouring property.
Item 4(5) makes it clear that certain parcels of land are not included in the declared defence area.
Item 4(6) describes the area of sea that is declared as a defence area.
Item 5 – Repeal of this instrument
This item makes it clear that the instrument will automatically be repealed at the end of 31 July 2017. That is midnight on that day.
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 parts of Stanage Bay area a defence area for the defence purpose of preparing and conducting Exercise Talisman Saber 2017 and to prohibit unauthorised entry during the period 1 July 2017- 31 July 2017.
This Declaration engages the following human rights:
- The right to freedom of assembly (article 21 International Covenant on Civil and Political Rights),
- 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. The right to freedom of assembly includes the right of people to gather as a group for a specific purpose This Declaration places restrictions on who may enter the Stanage Bay defence area including the intertidal zone, thereby limiting the right to move freely within a country and the right to freedom of assembly.
Limiting these rights is reasonable and necessary as the Declaration is intended to protect national security and human safety. The defence area will be used, as part of Exercise Talisman Saber, in a biennial combined Australia and United States training activity. The exercise will incorporate force preparation exercises, Special Force activities, amphibious landings, parachuting, land force manoeuvres, urban, maritime and air operations, and naval vessels and aircraft.
This Declaration places restrictions on who may enter the Stanage Bay defence area and provides the necessary authority to the police and the ADF to control the movement and activities 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 critical legal component for the safety and security of the public and the ADF participants.
In order to support the safety of the public, and the ability of authorities to prevent disruption of the military exercise by issue motivated groups this Declaration provides the necessary authority to achieve the legitimate objective of military training for national security purposes.
This Instrument is compatible with human rights because to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.