Naval Establishments (Public Areas) Regulations

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Statutory Rules 1980 No. 3981

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910.

Dated 22 December 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

D. J. KILLEN

Minister of State for Defence

Citation

1. These Regulations may be cited as the Naval Establishments (Public Areas) Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears —

“authorized officer” means a person appointed under regulation 12 to be an authorized officer;

“camping area” means an area at or near the entrances to which signs have been erected or placed with the approval of an authorized officer under paragraph 13 (1) (c) for the purpose of designating that area as a camping area;

“commanding officer” means, in relation to a naval establishment that is, or includes, a public area —

(a) where there is an officer in command of that naval establishment who is stationed on the naval establishment — that officer; or

(b) in any other case — a person designated by the Chief of Naval Staff under regulation 11 as the commanding officer of the naval establishment for the purposes of these Regulations;

“parking area” means an area at or near the entrances to which signs have been erected or placed with the approval of an authorized officer under paragraph 13 (1) (b) for the purpose of designating that area as a parking area;

“public area” means an area that is a public area under regulation 3;

“ranger” means a person appointed under sub-regulation 14 (1) to be a ranger.

Declaration of public area

3. (1) Subject to sub-regulation (2), the Minister may, by notice published in the Gazette, declare an area of land that is, or forms part of, a naval establishment to be a public area for the purpose of these Regulations.

(2) A notice under sub-regulation (1) shall —

(a) describe the area that is to constitute the public area; and

(b) specify the name by which the public area is to be known.

(3) Notwithstanding a notice under sub-regulation (1) —

(a) a place that is a prohibited place under section 80 of the Crimes Act 1914; or

(b) a part of a naval establishment at or near the entrances to which signs have been erected or placed with the approval of an authorized officer under paragraph 13 (1) (d) to designate that part as a restricted area for the purposes of this sub-regulation,

does not form part of a public area.

Offences relating to vehicles

4. A person shall not, without the consent in writing of the commanding officer or a ranger —

(a) in the case of a public area that is or forms part of an island — bring a vehicle into, or use a vehicle in, the public area; or

(b) in the case of any other public area — use a vehicle except on a road or in a parking area or camping area.

Penalty: $200.

Offences relating to lighting, &c., of fires

5. (1) A person shall not, in a public area, without the consent in writing of the commanding officer or a ranger, light, maintain or use a fire otherwise than in —

(a) a portable barbecue or portable stove, being a barbecue or stove in which heat is provided by the combustion of liquefied petroleum gas; or

(b) a fireplace made available by the Commonwealth for use by persons in the public area.

Penalty: $200.

(2) It is a defence to a prosecution for an offence against sub-regulation (1) that the fire was lit, maintained or used by the defendant in circumstances that constituted an emergency.

Offence to take animals into public area

6. (1) A person shall not, without the consent in writing of the commanding officer or a ranger, take an animal into, or knowingly permit an animal other than wildlife to enter, a public area.

Penalty: $200.

(2) Sub-regulation (1) does not apply to or in relation to the taking by a blind person of his guide-dog into a public area.

(3) In a prosecution for an offence against sub-regulation (1), evidence that a person had an animal in his possession in a public area is evidence that the person took the animal into, or knowingly permitted the animal to enter, the public area.

Offence relating to firearms in public area

7. A person shall not, in a public area, without the consent in writing of the commanding officer or a ranger, use or have in his possession a firearm.

Penalty: $200.

Offence to enter or remain on island

8. A person shall not, without the consent in writing of the commanding officer or a ranger, enter or remain in a public area that is, or forms part of, an island, at or for any time during the period that commences at sunset and ends at sunrise.

Penalty: $200.

Additional activities prohibited without consent of commanding officer or ranger

9. A person shall not, in a public area, without the consent in writing of the commanding officer or a ranger —

(a) cause any rubbish or litter to be placed elsewhere than in a receptacle made available by the Commonwealth for use by persons in the public area;

(b) park a vehicle except in a parking area;

(d) contravene or fail to comply with a direction, warning or requirement on a sign erected or placed with the approval of an authorized officer under paragraph 13 (1) (a).

Penalty: $200.

Additional activities prohibited without consent of commanding officer

10. A person shall not, in a public area, without the consent in writing of the commanding officer —

(a) erect a sign (other than a sign erected in accordance with the approval of an authorized officer under sub-regulation 13 (1)), or a building, booth, stall, post or other structure;

(b) supply goods or services;

(d) interfere with, damage, injure, destroy or take an animal or plant or the nest or dwelling of an animal.

Penalty: $200.

Designation of commanding officer

11. Where, in relation to a naval establishment that is, or includes, a public area, there is no officer in command of that naval establishment who is stationed on the naval establishment, the Chief of Naval Staff shall, by instrument in writing, designate a person as the commanding officer of the naval establishment for the purposes of these Regulations.

Appointment of authorized officers

12. The Secretary to the Department of Defence may, by instrument in writing, appoint an officer of the Defence Force or an officer of the Australian Public Service to be an authorized officer for the purposes of these Regulations.

Erecting or placing of signs

13. (1) An authorized officer may, by instrument in writing, approve the erecting or placing of signs at or near the entrances to a public area, a part of a public area, or a part of a naval establishment, as the case requires, for the purpose of —

(a) conveying directions to be followed by, warnings for the guidance of, or requirements to be observed by, persons using that public area;

(b) designating that part of a public area as a parking area;

(c) designating that part of a public area, other than a public area that is or forms part of an island, as a camping area; or

(d) designating that part of a naval establishment as a restricted area for the purpose of paragraph 3 (3) (b).

(2) A sign erected or placed at or near the entrances to a public area, a part of a public area, or a part of a naval establishment shall, unless the contrary is established, be taken to have been erected or placed with the approval of an authorized officer.

Appointment of rangers

14. (1) An authorized officer may, by instrument in writing, appoint a person to be a ranger for the purposes of these Regulations.

(2) Where an authorized officer appoints a person under sub-regulation (1), he shall issue to that person an identity card that specifies the name of the person and the appointment that he holds and to which is attached a recent photograph of that person.

Return of identity card

15. A person who ceases to be a ranger shall forthwith return his identity card to an authorized officer.

Powers of rangers

16. (1) A ranger may, in a public area —

(a) require a person whom he finds committing, or whom he reasonably suspects has committed, an offence against these Regulations, to state his full name and usual place of residence;

(b) require a person referred to in paragraph (a) to leave the public area; or

(c) stop and search a vehicle where he has reasonable grounds for believing that there is in that vehicle any animal, plant or article in contravention of these Regulations.

(2) A ranger may exercise a power conferred on him by sub-regulation (1) with such assistance as is necessary.

(3) Where a ranger —

(a) makes a requirement of a person; or

(b) stops a vehicle,

he shall produce the identity card issued to him under sub-regulation 14 (2) for inspection by the person of whom the requirement is made, or who is in charge of the vehicle, as the case may be.

(4) Where a ranger fails to produce his identity card under sub-regulation (3) —

(a) where the ranger has made a requirement of a person — the person is not obliged to comply with the requirement; or

(b) where the ranger has stopped a vehicle — the ranger is not authorized to search the vehicle or further detain the vehicle.

(5) Subject to sub-regulation (4), a person who, without reasonable excuse —

(a) refuses or fails to comply with a requirement; or

(b) obstructs or hinders a ranger in the exercise of his powers under this regulation,

is guilty of an offence punishable on conviction by a fine not exceeding $200.

(6) A reference in this regulation to the making of a requirement of a person shall be read as a reference to the making of a requirement of a person under paragraph (1) (a) or (1) (b).

(7) A reference in this regulation to the stopping of a vehicle shall be read as a reference to the stopping of a vehicle under paragraph (1) (c).

Offence not committed in certain circumstances

17. A person who is a ranger or a member of —

(a) the Defence Force;

(b) the Australian Federal Police; or

does not commit an offence under these Regulations if the act or failure to act that would otherwise give rise to the offence occurs while the ranger or member is performing his duties.

Note

1. Notified in the Commonwealth of Australia Gazette on 31 December 1980.

Overview

The Naval Establishments (Public Areas) Regulations, enacted in 1980, were made under the Naval Defence Act 1910 to regulate the use of public areas within naval establishments. These regulations were introduced by the Governor-General, acting with the advice of the Federal Executive Council, to ensure the orderly and safe use of areas that are accessible to the public within naval establishments, whilst maintaining security and compliance with existing laws. The regulations establish procedures for declaring public areas, outline offences relating to vehicles, fires, animals, firearms, unauthorised entry to islands, and other activities within these areas, and specify penalties for breaches. Furthermore, they detail the process for designating commanding officers, appointing authorised officers and rangers, and the powers and responsibilities of rangers within the public areas. The overarching policy objective is to provide clear guidelines and restrictions to maintain public safety and security within naval establishments while allowing for authorised public access and activities.

Scope and Application

The Naval Establishments (Public Areas) Regulations apply to areas declared as public areas within naval establishments under the authority of the Naval Defence Act 1910. These areas are subject to various restrictions and regulations to ensure safety and compliance with Defence protocols. The regulations apply to any person, including both individuals and entities, who may seek to access or utilise these public areas, whether for recreational, commercial, or other purposes. The regulations impose restrictions on activities such as bringing vehicles into public areas, lighting fires, bringing animals (with specific exceptions for guide dogs), using firearms, camping, and littering, among others. These restrictions must be adhered to unless written consent is obtained from the commanding officer or a ranger. The regulations are applicable nationally across all states and territories of Australia, wherever naval establishments are located. The application of these regulations may be further extended or specified through subordinate instruments, such as the designation of specific areas as public areas or the appointment of authorised officers and rangers. However, the regulations exclude certain areas, such as those designated as prohibited places under the Crimes Act 1914, or parts of naval establishments designated as restricted areas.

Key Provisions

The Naval Establishments (Public Areas) Regulations detail various requirements and prohibitions in areas designated as public areas within naval establishments. Specifically, Section 3 allows the Minister to declare certain areas as public areas through a notice published in the Gazette, but excludes prohibited places under the Crimes Act 1914 and areas designated as restricted areas. Section 4 prohibits the bringing or use of vehicles in public areas without written consent from the commanding officer or a ranger, with a penalty of $200 for violations. Similar prohibitions and penalties apply to lighting or maintaining fires (Section 5), taking animals into public areas (Section 6), possessing or using firearms (Section 7), and entering or remaining in a public area that is or forms part of an island between sunset and sunrise (Section 8). Section 9 prohibits activities such as littering, parking outside designated areas, camping outside designated areas, and ignoring signs erected by authorized officers, while Section 10 prohibits erecting signs, supplying goods or services, damaging structures, or interfering with animals or plants without the written consent of the commanding officer. The Regulations also detail the process for designating commanding officers (Section 11), appointing authorized officers and rangers (Sections 12 and 14), and the powers of rangers (Section 16). The maximum penalty for breaches of these provisions is a fine of $200. The Regulations impose specific obligations on individuals and entities operating within the public areas of naval establishments. The commanding officer or a ranger must provide written consent for various activities, such as bringing vehicles, lighting fires, taking animals, possessing firearms, entering or remaining in certain areas, erecting signs, supplying goods or services, and damaging structures. Authorized officers must approve the erection or placement of signs and appoint rangers, who in turn must carry their identity card and produce it when exercising their powers. Failure to comply with these obligations can result in fines and other enforcement actions. Breaching the provisions of these Regulations can lead to significant consequences. The primary penalty for violations is a fine of $200, which applies to most offences, including unauthorised vehicle use, lighting or maintaining fires, taking animals into public areas, possessing firearms, unauthorised entry or remaining on islands, littering, parking or camping outside designated areas, disregarding signs, erecting signs, supplying goods or services, damaging structures, and interfering with animals or plants. Additionally, individuals who refuse or fail to comply with rangers’ requirements or obstruct their duties can also face fines of up to $200. Notably, rangers and members of specified forces are exempt from prosecution if their actions occur in the course of their duties.

Area of Law: Environmental Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Offence Provisions; Enforcement Powers; Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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