Defence Practice Areas Amendment (Evans Head) Declaration 2014

Administered by Department of Defence

Legislation au C2014G01887 In force Gazette

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Defence Practice Areas Amendment (Evans Head) Declaration 2014

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

Dated 18 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

 

1  Name

  This is the Defence Practice Areas Amendment (Evans Head) Declaration 2014.

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  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

1  Schedule (table item 8)

Repeal the item, substitute:

 

8

Evans Head

Evans Head Air Weapons Range (EVDAWR)

8A Northern DPA (commonly known as the bombing DPA):

All that area of land and airspace over that land in the parish of Evans, County of Richmond, in New South Wales, and all that area of sea and airspace over that sea being part of the South Pacific Ocean, which together are bounded by a line commencing at the high water mark at the point of latitude 29°08′25.13″S longitude 153°27′15.9″E, and running progressively:

(a) along the south side of the cleared track to the point of latitude 29°08′00.89″S longitude 153°26′19.04″E; and

(b) then along the fence known as the tick fence to the point of latitude 29°07′55.35″S longitude 153°25′41.25″E; and

(c) then along the east side of Bombing Range Road to the point of latitude 29°08′07″S longitude 153°25′24.47″E; and

(d) then to the point of latitude 29°08′06.42″S longitude 153°25′19.04″E; and

(e) then to the point of latitude 29°08′15.97″S longitude 153°24′53.1″E; and

(f) then to the point of latitude 29°09′37.33″S longitude 153°24′08.14″E; and

(g) then to the point of latitude 29°10′33.63″S longitude 153°23′49.34″E; and

(h) then to the point of latitude 29°10′49.19″S longitude 153°23′37.86″E; and

(i) then along the east side of The Gap Road to the point of latitude 29°12′13.1″S longitude 153°22′47.86″E; and

(j) then to the point of latitude 29°12′52.09″S longitude 153°23′26.7″E; and

(k) then to the high water mark at the point latitude 29°12′57.36″S longitude 153°23′30.48″E; and

(l) then to the point in the South Pacific Ocean of latitude 29°13′00″S longitude 153°24′45″E; and

(m) then north to the start at the point of latitude 29°08′25.13″S longitude 153°27′15.9″E

Live fire surface to surface and air to surface

 

 

 

 

 

 

8B Southern DPA (commonly known as the gunnery and rocketry DPA):

All that area of land and airspace over that land in the parish of Evans, County of Richmond, in New South Wales, and all that area of sea and airspace over that sea being part of the South Pacific Ocean, which together are bounded by a line commencing on The Gap Road at the point of latitude 29°10′49.19″S longitude 153°23′37.86″E, and running progressively:

(a) along the south side of the Postman Point Southern Trail to the high water mark at the point of latitude 29°11′23.84″S longitude 153°24′33.8″E; and

(b) then to the point in the South Pacific Ocean of latitude 29°12′56″S longitude 153°29′49″E; and

(c) then to the point in the South Pacific Ocean of latitude 29°14′46″S longitude 153°29′18″E; and

(d) then to the point in the South Pacific Ocean of latitude 29°16′44″S longitude 153°27′04″E; and

(e) then to the point in the South Pacific Ocean of latitude 29°17′10″S longitude 153°25″E; and

(f) then to the high water mark at the point of latitude 29°12′57.36″S longitude 153°23′30.48″E; and

(g) then to the point of latitude 29°12′52.09″S longitude 153°23′26.7″E; and

(h) then to the point of latitude 29°12′13.1″S longitude 153°22′47.86″E; and

(i) then north along the east side of The Gap Road to the start at the point of latitude 29°10′49.19″S longitude 153°23′37.86″E

 

2  Schedule (Map No. 8)

Repeal the map, substitute:

Overview

The Defence Practice Areas Amendment (Evans Head) Declaration 2014 was enacted to address the need for updating and redefining specific defence practice areas in Evans Head, New South Wales, for the purpose of conducting necessary defence operations. This declaration was made by David Johnston, the Minister for Defence, under subregulation 49(1) of the Defence Force Regulations 1952, as it is deemed necessary or expedient in the interests of the safety or defence of the Commonwealth to carry out defence operations on these specified areas. The policy objective behind this declaration is to ensure that the safety and defence interests of the Commonwealth are met by providing clear and updated boundaries for defence practice areas, while also ensuring that the non-extinction principle of native title as outlined in the Native Title Act 1993 is respected. This amendment aims to streamline the administration of defence practice areas and facilitate the execution of essential defence activities in the Evans Head region.

Scope and Application

The Defence Practice Areas Amendment (Evans Head) Declaration 2014 pertains to the amendment of the Defence Practice Areas as declared under the Defence Force Regulations 1952. This instrument is made under subregulation 49(1) of the Defence Force Regulations 1952, which specifies that areas of private land, sea, or air may be declared as defence practice areas if necessary or expedient for the safety or defence of the Commonwealth. The declaration outlines specific geographical boundaries for the Evans Head Air Weapons Range (EVDAWR) and two designated Defence Practice Areas (DPAs) in the parish of Evans, County of Richmond, in New South Wales, including parts of the South Pacific Ocean. The instrument comes into effect on the day it is published in the Gazette and adheres to the non-extinguishment principle under the Native Title Act 1993. It is important to note that this legislation amends the previously declared Defence Practice Areas, updating their boundaries and descriptions as specified in Schedule 1 of the Declaration.

Key Provisions

The Defence Practice Areas Amendment (Evans Head) Declaration 2014 primarily modifies the Defence Practice Areas by updating and redefining certain areas designated for military exercises in Evans Head, New South Wales. This involves the repeal of an existing item in the Declaration of Defence Practice Areas made on 17 October 1994, and its replacement with new, more specific boundaries for two distinct Defence Practice Areas (DPAs) (Schedule 1, item 1). The Evans Head Air Weapons Range (EVDAWR) is now divided into two separate areas: the Northern DPA (commonly known as the bombing DPA) and the Southern DPA (commonly known as the gunnery and rocketry DPA). Each DPA is defined by precise geographic coordinates and descriptions of the surrounding boundaries, which are detailed in the amended Schedule (Schedule 1, item 2). The Act imposes several obligations on the entities operating within these designated areas. The most significant requirement is that any operations or practices carried out in these DPAs must be necessary or expedient in the interests of the safety or defence of the Commonwealth, as stipulated by subregulation 49(1) of the Defence Force Regulations 1952 (section 3). Furthermore, the non-extinguishment principle under the Native Title Act 1993 applies to the making of this instrument, ensuring that any native title rights or interests are not extinguished by the declaration (section 3, Note 2). Violations of the provisions set forth in this Declaration could lead to legal consequences. Although the specific penalties are not detailed within the Declaration itself, breaches of the Defence Force Regulations 1952, which underpin this instrument, could potentially result in civil or criminal penalties as determined by applicable laws. Such penalties may include fines and imprisonment, depending on the severity of the breach and the specific regulations contravened. The precise penalties would be guided by the relevant sections of the Defence Force Regulations 1952 and any other applicable legislation.

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