Defence Practice Areas Amendment Declaration 2014 (No. 1)

Administered by Department of Defence

Legislation au C2014G01608 In force Gazette

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Defence Practice Areas Amendment Declaration 2014 (No. 1)

I, David Johnston, Minister for Defence, make the following declaration.

Dated 12 September  2014

 

 

[Signed by]

 

 

David Johnston

Minister for Defence

 

 

 

Contents

1 Name of declaration

2 Commencement

3 Authority

4 Schedule(s)

Schedule 1—Amendments

Defence Practice Areas (Revocation, amendment and declaration) Declaration 2011 (No. 1) made on 13 June 2011 under subregulation 49(1) of the Defence Force Regulations 1952 and published in the Gazette No. GN 28 on 20 July 2011

Schedule 2—Repeal

Declaration of Defence Practice Area (declaration relating to Delamere) made on 28 May 1991 under subregulation 49(1) of the Defence Force Regulations 1952 and published in the Gazette No. GN 22 on 12 June 1991

Declaration of Defence Practice Area (declaration relating to Townsville Field Training Area) made on 22 January 1997 under subregulation 49(1) of the Defence Force Regulations 1952 and published in the Gazette No. GN 7 on 19 February 1997

 

1  Name of declaration

  This declaration is the Defence Practice Areas Amendment Declaration 2014 (No. 1).

2  Commencement

  This declaration commences on the day it is published in the Gazette.

3  Authority

  This declaration is made under subregulation 49(1) of the Defence Force Regulations 1952.

4  Schedule(s)

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

 

Defence Practice Areas (Revocation, amendment and declaration) Declaration 2011 (No. 1) made on 13 June 2011 under subregulation 49(1) of the Defence Force Regulations 1952 and published in the Gazette No. GN 28 on 20 July 2011

1  Section 1

Repeal the section, substitute:

1  Name of declaration

  This declaration is the Defence Practice Areas Declaration 2011 (No. 1).

2  Sections 4 and 5

Repeal the sections.

3  At the end of section 6

Add:

 ; (h) Part 8—Townsville Field Training Area;

 (i) Part 9—Delamere Air Weapons Range.

4  Schedule 1

Repeal the Schedule.

5  At the end of Schedule 2

Add:

Part 8—Townsville Field Training Area

 8.01 The land that is the Townsville Field Training Area and the air above the Townsville Field Training Area are declared to be a defence practice area for carrying out military manoeuvre and live firing (including with air weapons and explosive ordnance).

 8.02 In this Part:

Townsville Field Training Area means the land in Queensland that:

 (a) is shown by hatching on the following map; and

 (b) is captured by:

 (i) Lots 2 to 33, 35, 101 to 107, 201 to 204, 301 to 306, 401 to 407, 501 to 507 and 901 to 910 on A2641 in the County of Wilkie Gray; and

 (ii) Lot 1 on CP895559; and

 (iii) Lot 163 on K1241071; and

 (iv) Lot 1 on AP9359; and

 (v) Lot 1 on RA5404; and

 (vi) Lot 10 on CP847184; and

 (vii) Lot 109 on K1241013; and

 (viii) Lot 11 on WG840323; and

 (ix) Lots 84, 95 and 113 on K1241012 in the County of Wilkie Gray; and

 (x) Lots 105, 106 and 117 of K1241055 in the County of Wilkie Gray; and

 (xi) Lot 127 on K1241056; and

 (xii) Lots 139 and 140 on K1241073 in the County of Wilkie Gray; and

 (xiii) Lots 132, 141 and 146 on K1241057 in the County of Wilkie Gray; and

 (xiv) Lots 143 and 149 on K1241060 in the County of Wilkie Gray; and

 (xv) Lots 153 and 154 on K1241070 in the County of Wilkie Gray; and

 (xvi) Lot 179 on K1241082; and

 (xvii) Lot 180 on K1241072; and

 (xviii) Lots 178 and 181 on K1241081 in the County of Wilkie Gray; and

 (xix) Lot 2518 on K124368; and

 (xx) Lot 1 on RA5246; and

 (xxi) Lots 2 and 3 on RP728419 in the County of Wilkie Gray; and

 (xxii) Lot 12 on RP859791; and

 (xxiii) Lots 1 and 3 on SP151931 in the Counties of Burdekin, Elphinstone and Wilkie Gray; and

 (xxiv) Lot 4 on CP901559; and

 (xxv) Lot 34 on CP895560; and

 (xxvi) Lot 7 on WG840319; and

 (xxvii) Lots 72 and 86 on K124997; and

 (xxviii) Lots 91, 98, 112, 118, 121, 125 and 126 on K1241052 in the County of Wilkie Gray.

Note: Land titles data can be obtained from the Queensland Land Registry in the Department of Natural Resources and Mines.

Part 9—Delamere Air Weapons Range

 9.01 The land that is the Delamere Air Weapons Range and the air above the Delamere Air Weapons Range are declared to be a defence practice area for carrying out military manoeuvre and live firing (including with air weapons and explosive ordnance).

 9.02 In this Part:

Delamere Air Weapons Range means the land in the Northern Territory that:

 (a) is shown by hatching on the following map; and

 (b) is captured by:

 (i) Portion 6241 on Plan S2002/175B of the VictoriaDaly Shire; and

 (ii) Portion 6242 on Plan S2002/176B of the VictoriaDaly Shire; and

 (iii) Portion 6243 on Plan S2002/177B of the VictoriaDaly Shire; and

 (iv) Portion 6244 on Plan S2002/178B of the VictoriaDaly Shire; and

 (v) Portion 3986 on Plan S2012/251; and

 (vi) 7230 Buntine Highway; and

 (vii) 5006 Buntine Highway; and

 (viii) 4720 Buntine Highway; and

 (ix) 2158 Buntine Highway; and

 (x) 5445 Buntine Highway; and

 (xi) Portion 3413 on Plan S2012/251 of the VictoriaDaly Shire excluding land south of the parallel of latitude 15°5105 South between the meridians of longitude 131°5820 East and 131°5131 East, a distance of approximately 12.2km.

Note: Land titles data can be obtained from the Northern Territory Government Land Titles Office in the Department of the AttorneyGeneral and Justice.

Schedule 2—Repeal

 

Declaration of Defence Practice Area (declaration relating to Delamere) made on 28 May 1991 under subregulation 49(1) of the Defence Force Regulations 1952 and published in the Gazette No. GN 22 on 12 June 1991

1  The whole of the Declaration

Repeal the Declaration.

Declaration of Defence Practice Area (declaration relating to Townsville Field Training Area) made on 22 January 1997 under subregulation 49(1) of the Defence Force Regulations 1952 and published in the Gazette No. GN 7 on 19 February 1997

2  The whole of the Declaration

Repeal the Declaration.

Overview

The Defence Practice Areas Amendment Declaration 2014 (No. 1) was enacted to amend and declare defence practice areas, specifically addressing the need to update and consolidate previous declarations made under the Defence Force Regulations 1952. This was introduced to ensure that the legislative framework governing these areas is current and comprehensive. The declaration was made by the Minister for Defence, David Johnston, under the authority granted by subregulation 49(1) of the Defence Force Regulations 1952. The primary objective of this legislation is to streamline and modernise the legal framework that governs areas used for defence practice, thereby facilitating more effective management and use of these areas for military purposes.

Scope and Application

The Defence Practice Areas Amendment Declaration 2014 (No. 1) made by the Minister for Defence under subregulation 49(1) of the Defence Force Regulations 1952, amends the Defence Practice Areas (Revocation, amendment and declaration) Declaration 2011 (No. 1) and repeals two earlier declarations relating to the Townsville Field Training Area and the Delamere Air Weapons Range. This declaration applies to the land and airspace designated as defence practice areas for military activities, including manoeuvre and live firing exercises with air weapons and explosive ordnance, within the specified areas of the Townsville Field Training Area in Queensland and the Delamere Air Weapons Range in the Northern Territory. The declaration is effective from the date of its publication in the Gazette and its provisions can be further defined or extended through subordinate instruments. It is pertinent to note that this legislation does not specify any exclusions, exemptions, or thresholds, and its application is limited to the geographic areas and purposes explicitly stated within the declaration.

Key Provisions

The Defence Practice Areas Amendment Declaration 2014 (No. 1) amends the Defence Practice Areas (Revocation, Amendment and Declaration) Declaration 2011 (No. 1) by repealing certain sections and substituting new provisions (section 1). Specifically, sections 4 and 5 are repealed, and sections 1, 6, and 8 are amended to rename the declaration, redefine the scope of the declaration, and update the list of defence practice areas to include the Townsville Field Training Area and the Delamere Air Weapons Range (sections 2, 3, 4, and 5). The schedule to the 2011 Declaration is repealed and replaced with new provisions for the Townsville Field Training Area and the Delamere Air Weapons Range (section 4). The new declaration specifies the areas for military manoeuvre and live firing, including the use of air weapons and explosive ordnance (Part 8 and Part 9). The Act imposes obligations on the parties and entities it governs, such as adherence to the newly defined defence practice areas and compliance with the conditions outlined for military activities within these areas. The Minister for Defence has the authority to make such declarations under subregulation 49(1) of the Defence Force Regulations 1952. Any entities or individuals conducting activities within the declared areas must ensure their actions are in line with the provisions of this declaration. Breach of the conditions specified in this declaration may result in civil or criminal consequences. Although the specific offences and penalties are not detailed in the text, breaches of defence-related regulations typically incur penalties under the Defence Force Discipline Act 1982, which can include fines and imprisonment. The maximum penalties would depend on the severity of the breach and any applicable provisions in other relevant legislation.

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