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The Statutory Rule repealed the Regulations with effect from the same date.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.
Overview
The Naval Establishments (Public Areas) Regulations (Repeal) Statutory Rules 1987 No. 209 were issued by the authority of the Minister for Defence in 1987 to repeal the Naval Establishments (Public Areas) Regulations, which had been in place since December 1980. These Regulations, made under section 45 of the Naval Defence Act 1910, aimed to control the activities of the public in certain areas of naval establishments declared as public areas. The problem the Regulations sought to address was the need for a legal framework to manage public access to sensitive naval areas temporarily until a permanent scheme could be established. The repealing Statutory Rules were enacted to align with the permanent scheme introduced under Part IXB of the Defence Act 1903, which involved the declaration of public areas, the creation of by-laws by the Minister for Defence, and arrangements with the Western Australian Minister for the Environment for Garden Island. The policy objective of these measures was to ensure effective governance and control of public access to sensitive naval areas.
Scope and Application
The Naval Establishments (Public Areas) Regulations (Repeal) Statutory Rules 1987 No. 209, issued under the authority of the Minister for Defence, pertain to the repeal of previously existing regulations governing public access to specific areas within naval establishments in Australia. These repealed regulations, originally made under section 45 of the Naval Defence Act 1910, were designed to control the activities of members of the public in declared public areas at Garden Island in Western Australia and Beecroft Peninsula in New South Wales. The repealed Regulations had served as a temporary measure until the introduction of a permanent scheme under the Defence Act 1903. This Act, particularly Part IXB enacted in December 1981, now governs public areas in these locations, with the Minister for Defence declaring such areas and making by-laws for their control, as well as arranging with the Western Australian Minister for the Environment for certain functions and powers in relation to Garden Island. The repeal of the Regulations, effective from 28 October 1987, aligns with the introduction of this permanent scheme, ensuring continuity in the governance and regulation of public areas within naval establishments.
Key Provisions
The primary sections of the Naval Establishments (Public Areas) Regulations (Repeal) Statutory Rules 1987 No. 209 concern the repeal of the existing Regulations (Regulation 2) and the setting of the commencement date as 28 October 1987 (Regulation 1). The Regulations in question, made under section 45 of the Naval Defence Act 1910, previously provided a legal framework for controlling public activities in specific areas of naval establishments, namely Garden Island in Western Australia and Beecroft Peninsula in New South Wales. These areas were declared as public areas under regulation 3 of the Regulations.
The repeal of the Regulations (Regulation 2) reflects the introduction of a new scheme under Part IXB of the Defence Act 1903, which was enacted in December 1981 to replace the temporary Regulations. The new scheme involves several steps, including the declaration of public areas by the Minister for Defence under section 116Q (section a), the creation of by-laws by the same Minister under section 116ZD for the control of these areas (section b), and the making of arrangements with the Western Australian Minister for the Environment under section 116ZA for the management of the Garden Island public area by State employees (section c). This new scheme commenced on 28 October 1987, the same date the Statutory Rule came into effect.
The obligations imposed by the Act on the relevant parties include the requirement for the Minister for Defence to declare public areas under section 116Q and to create by-laws under section 116ZD for the control of these areas. Additionally, the Minister for Defence must make arrangements with the Western Australian Minister for the Environment under section 116ZA to ensure the proper management of the Garden Island public area. These provisions ensure a structured and legally compliant approach to the governance of public areas within naval establishments.
In terms of consequences for non-compliance, the Statutory Rule does not explicitly detail offences, penalties, or specific civil or criminal consequences for breach. However, under the new scheme established by Part IXB of the Defence Act 1903 and the by-laws made under section 116ZD, breaches of the regulations and by-laws could potentially lead to enforcement actions, fines, or other penalties as prescribed by the relevant laws and regulations. The exact nature and extent of these consequences would depend on the specific provisions of the new scheme and the by-laws.