EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO. 209
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE NAVAL ESTABLISHMENTS (PUBLIC AREAS) REGULATIONS (REPEAL)
The Naval Establishments (Public Areas) Regulations (“the Regulations) were made under section 45 of the Naval Defence Act 1910 which, in paragraph 45(1)(a), provides specifically for regulations to prescribe matters for or in relation to the good government of naval establishments.
The Regulations provided a legal basis for controlling the activities of members of the public who visited any area of a naval establishment declared to be a public area under regulation 3 of the Regulations. The public areas declared were at Garden Island in Western Australia and Beecroft Peninsula in New South Wales. The Regulations, made in December 1980, were intended to be a temporary measure, pending the introduction of a permanent scheme.
Part IXB of the Defence Act 1903, enacted in December 1981, made provision for the introduction of a scheme to replace the Regulations. The same public areas as those formerly declared under regulation 3 of the Regulations have been declared under section 116Q of Part IXB. The new scheme’s method of operation, reflected in Part IXB and the by-laws made under section 116ZD of that Part, closely resembles the Regulations.
The scheme under Part IXB required the following action to be taken:
(a) the declaration and naming of public areas under section 116Q by the Minister for Defence;
(b) the making of by-laws by the Minister for Defence under section 116ZD for the control of those areas; and
(c) the making of arrangements with the WA Minister for the Environment, under section 116ZA, in relation to the Garden Island public area, for the performance of functions and the exercise of powers by State employees.
That action came into effect on 28 October 1987.
The Statutory Rule repealed the Regulations with effect from the same date.
Details of the Statutory Rule are as follows:
Regulation 1 provides for the commencement date of 28 October 1987.
Regulation 2 repeals the Regulations.