National Security (Coal Control) Regulations (Amendment)

Overview

Statutory Rules 1943 No. 150, Regulations under the National Security Act 1939-1940, were enacted to address the complexities and immediate needs arising from the Second World War, specifically in the context of coal control and the protection of lessees under Crown leases who were prevented from coal mining operations due to wartime directives. This legislative instrument was made by the Deputy of the Governor-General in and with the advice of the Federal Executive Council, effectively amending the National Security (Coal Control) Regulations. The policy objective of these regulations is to ensure that lessees of Crown land, who are unable to carry out coal mining operations due to wartime restrictions, are protected from penalties that would otherwise arise from breaches of lease conditions during this period of non-operation. The regulations specifically protect these lessees from forfeiture, cancellation, re-entry, ejectment, penalty, or damages, except in the case of the State of Tasmania.

Scope and Application

The Regulations under the National Security Act 1939-1940 pertain to the control of coal resources, specifically addressing the protection of lessees under Crown leases who are unable to carry out coal mining operations due to orders or directives issued by the relevant authority. These regulations apply to persons holding leases from the Crown for land used in coal mining operations and are designed to prevent such lessees from facing forfeiture, cancellation, re-entry, ejectment, penalty, or damages for non-compliance with lease conditions while they are unable to mine coal. The regulations extend across the Commonwealth, encompassing all states and territories except Tasmania, where the specific provision does not apply. The amendments to the existing National Security (Coal Control) Regulations include a new definition for "coal" that incorporates coke and adds a new regulation to safeguard lessees from penalties under their leases during periods when they are unable to mine due to external directives. These regulations operate within the overarching framework of the National Security Act 1939-1940 and are subject to further refinement and implementation through subordinate instruments as necessary.

Key Provisions

The Regulations under the National Security Act 1939-1940 amend the National Security (Coal Control) Regulations primarily by introducing new definitions and provisions. Firstly, regulation 6 is amended to include the definition of "coal" as encompassing coke (Reg. 1). This ensures that the term "coal" is not limited to just raw coal but also includes coke, a by-product of coal, thus broadening the scope of the regulation. Additionally, a new regulation, 24a, is inserted after regulation 24, providing protection to lessees of Crown land who are prevented from coal mining operations due to orders, directions, or refusals by the Commission (Reg. 2). This protection extends to preventing any forfeiture, cancellation, re-entry, ejectment, penalty, or damages during the period of prevention. It is noteworthy that this protection does not apply in the State of Tasmania. The obligations imposed by these Regulations on the parties involved are primarily centered around ensuring that lessees under Crown leases are not unfairly penalised if they cannot carry out their coal mining operations due to government directives. The lessees are protected from any consequences of non-compliance with lease conditions during the period they are prevented from mining. This obligation rests on the government or the relevant authorities that may issue orders or directions preventing coal mining operations. The government must ensure that these protections are applied as stipulated in the Regulations. Breaching the provisions of these Regulations could lead to various consequences, depending on the nature and severity of the breach. Although specific penalties are not detailed within the text of these Regulations, breaches of regulations under the National Security Act 1939-1940 generally carry severe penalties. These penalties can include fines and imprisonment, reflecting the serious nature of national security matters. The exact penalties would depend on the specific breach and could be determined under the overarching Act or other relevant legislation.