Defence Practice Areas Amendment (Cultana Training Area) Declaration 2016

Overview

The Defence Practice Areas Amendment (Cultana Training Area) Declaration 2016 was enacted to amend the Defence Practice Areas Declaration 2011, specifically to designate the Cultana Training Area in South Australia as a defence practice area for military manoeuvres and live firing. The enactment of this instrument addresses the need for an additional area to be designated for defence training purposes, ensuring that the Australian Defence Force has adequate facilities for its training activities. The declaration was made by Michael McCormack, the Assistant Minister for Defence and Parliamentary Secretary to the Minister for Defence, under subregulation 49(1) of the Defence Force Regulations 1952. The overarching policy objective is to provide a specific area for military exercises and live-firing activities, which is crucial for maintaining the readiness and effectiveness of the defence forces. This declaration, effective from the day after its registration, updates the Defence Practice Areas Declaration 2011 by replacing the relevant part with the new specifications for the Cultana Training Area, including detailed descriptions of the land and airspace involved, as well as the exclusions such as railways, roadways, and specific easements. This ensures clarity and legal precision in the use of the designated area for defence purposes, facilitating the seamless integration of military training activities within the Cultana Training Area.

Scope and Application

The Defence Practice Areas Amendment (Cultana Training Area) Declaration 2016 (No. 8) designates specific land in South Australia as a Defence Practice Area for military activities such as manoeuvres and live firing. This legislation applies to the Cultana Training Area, which includes designated sections of land and airspace, explicitly excluding certain land parcels such as roadways, easements, and quarries as defined in the Declaration. This instrument is made under the authority of subregulation 49(1) of the Defence Force Regulations 1952, thus applying to Defence activities within the Commonwealth of Australia. The Declaration came into effect the day after it was registered, and its application may be further extended or restricted through subordinate instruments. The primary purpose of this legislation is to clearly delineate the areas available for Defence practice, ensuring that military activities are conducted within designated zones while protecting other land uses and infrastructure from potential interference.

Key Provisions

The Defence Practice Areas Amendment (Cultana Training Area) Declaration 2016 (No. 1) (the Declaration) amends the Defence Practice Areas Declaration 2011 (No. 1) by introducing specific provisions related to the Cultana Training Area in South Australia. This area, including the airspace above it, is designated as a defence practice area for military manoeuvres and live firing exercises, including the use of air weapons and explosive ordnance (Schedule 1, Part 1, item 1.01). The geographical extent of the Cultana Training Area is detailed in item 1.02, which specifies the various sections and allotments of land across different hundreds and counties in South Australia, as well as specific exclusions outlined in item 1.03. Entities and individuals affected by this legislation are required to comply with the regulations governing the use of the Cultana Training Area for military activities. This includes adhering to the specified boundaries and exclusions, ensuring that all activities are confined to the designated areas and avoiding any prohibited zones such as railways, roadways, easements, and specific quarries. Landowners and other stakeholders must ensure that their activities do not interfere with the designated military practices and exercises. The Declaration also requires that any modifications to the land use or activities within the training area must be communicated and approved by the relevant authorities in accordance with Defence Force Regulations. Failure to comply with the provisions of this Declaration may result in legal consequences. While the specific offences and penalties are not detailed in the provided text, breaches of defence-related regulations can typically lead to civil or criminal penalties under the Defence Force Regulations 1952. These penalties can include fines and, in severe cases, imprisonment, depending on the nature and severity of the breach. The exact penalties would be determined by the courts, taking into account the specific circumstances of each case.