Defence Practice Areas Amendment (Evans Head) Declaration 2014 (No. 2)
I, David Johnston, Minister for Defence, make the following declaration.
Dated 25 November 2014
[Signed by]
David Johnston
Minister for Defence
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Declaration of Defence Practice Areas made on 17 October 1994 under subregulation 49(1) of the Defence Force Regulations 1952 and published in Gazette No. GN 46 on 23 November 1994, as amended
1 Name
This is the Defence Practice Areas Amendment (Evans Head) Declaration 2014 (No. 2).
2 Commencement
This instrument commences on the day it is published in the Gazette.
3 Authority
This instrument is made under subregulation 49(1) of the Defence Force Regulations 1952 on the basis set out in paragraph 49(2)(b) and subregulation 49(3) of those Regulations.
Note 1: Paragraph 49(2)(b) and subregulation 49(3) of the Defence Force Regulations 1952 provide that an area of private land, or an area of sea or air, must not be declared to be a defence practice area under subregulation 49(1) of those Regulations unless it is necessary or expedient in the interests of the safety or defence of the Commonwealth to carry out on that area of land, or in that area of sea or air, a defence operation or practice of a kind specified in the declaration.
Note 2: The non‑extinguishment principle (within the meaning of the Native Title Act 1993) applies to the making of this instrument. See:
(a) paragraph 24MD(3)(a) of that Act to the extent that the making of this instrument relates to an onshore place (within the meaning of that Act); and
(b) subsection 24NA(4) of that Act to the extent that the making of this instrument relates to an offshore place (within the meaning of that Act).
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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
Declaration of Defence Practice Areas made on 17 October 1994 under subregulation 49(1) of the Defence Force Regulations 1952 and published in Gazette No. GN 46 on 23 November 1994, as amended
Note: The principal declaration was amended by the Defence Practice Areas Amendment (Evans Head) Declaration 2014 published in the Gazette on 18 November 2014 (see C2014G01887).
1 Schedule (table item 8, column headed “Description of area”, paragraph 8B(e))
Repeal the paragraph, substitute:
| | (e) then to the point in the South Pacific Ocean of latitude 29°17′10″S longitude 153°25′00″E; and | |
Overview
The Defence Practice Areas Amendment (Evans Head) Declaration 2014 (No. 2) was enacted by David Johnston, the Minister for Defence, on 25 November 2014. This amendment to the Defence Practice Areas made under subregulation 49(1) of the Defence Force Regulations 1952 addresses the need for specific areas to be designated as defence practice areas, which is necessary or expedient in the interests of the safety or defence of the Commonwealth. This instrument was made under the authority provided in the Defence Force Regulations 1952, ensuring that the amendment adheres to the requirements of the non-extinguishment principle as outlined in the Native Title Act 1993. The policy objective behind this declaration is to facilitate defence operations and practices in areas that are critical for national security, while ensuring that these actions do not infringe on native title rights. The declaration came into effect on the day it was published in the Gazette.
Scope and Application
The Defence Practice Areas Amendment (Evans Head) Declaration 2014 (No. 2) applies to the amendment of the Defence Practice Areas Declaration made on 17 October 1994 under subregulation 49(1) of the Defence Force Regulations 1952. This instrument amends the description of the area covered by the declaration, specifically adjusting the coordinates to provide a more precise delineation of the designated defence practice area. The amendment comes into effect on the date of its publication in the Gazette. It is made under subregulation 49(1) of the Defence Force Regulations 1952, ensuring that the declaration is necessary or expedient for the safety or defence of the Commonwealth. The amendment respects the non-extinguishment principle as per the Native Title Act 1993, particularly in relation to any onshore or offshore places affected by the amendment. The changes do not extend beyond the specified amendments outlined in the Schedule, and no other provisions of the original declaration are altered.
Key Provisions
The Defence Practice Areas Amendment (Evans Head) Declaration 2014 (No. 2) amends the existing Defence Practice Areas declared under the Defence Force Regulations 1952. Specifically, it alters the description of an area in the South Pacific Ocean by replacing the previous coordinates with new ones (Section 1, Schedule 1). This amendment narrows the specified maritime area, which was previously defined by a different set of coordinates.
The Act imposes specific obligations on the relevant parties, primarily ensuring that any activities within the amended area are conducted in accordance with the regulations set out in the Defence Force Regulations 1952. This includes adhering to safety and defence protocols outlined in the Defence Practice Areas Declaration. The parties must also ensure that their operations do not infringe upon any native title rights recognised under the Native Title Act 1993, as the non-extinguishment principle applies to the making of this instrument (Section 3).
Failure to comply with the provisions of this Act may result in civil or criminal penalties. Although the specific penalties are not detailed within the Act itself, violations of the Defence Force Regulations 1952 can lead to substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law and statutory provisions. The overarching aim is to maintain the integrity and safety of the declared defence practice areas, ensuring they are used for the intended defence operations and practices.