STATUTORY RULES.
1960. No.49.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1952.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following regulations under the Naval Defence Act 1910-1952.
Dated this 22nd day of June, 1960.
DUNROSSIL
Governor-General.
By His Excellency’s Command,
(Sgd.) J. G. GORTON
Minister of State for the Navy.
NAVAL FORCES (FIRING AREAS) REGULATIONS.
Citation.
1. These Regulations may be cited as the Naval Forces (Firing Areas) Regulations.
Gunnery, bombing, &c, practice areas.
2. The Naval Board may—
(a) declare, by notice published in the Gazette, an area in the Naval Station defined in regulation 23 of the Naval Forces Regulations to be an area for gunnery, bombing, torpedo or similar practice; and
(b) subject to such conditions as it determines, permit the Naval Forces of the Commonwealth to carry out practice accordingly in the area.
* Notified in the Commonwealth Gazette on 27th June, 1960.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
1485/60.—Price 3d. 10/9.3.1960.
Overview
The Naval Forces (Firing Areas) Regulations, 1960, were enacted to provide a legislative framework for the declaration and use of specific areas within the Naval Station for gunnery, bombing, torpedo, and similar practices by the Naval Forces of the Commonwealth. This legislative instrument was made under the authority of the Naval Defence Act 1910-1952 and was intended to address the need for designated areas where the Navy could safely conduct essential training exercises. The regulations were promulgated by the Governor-General in Council, signifying the formal endorsement and implementation of these practices within the administrative structure of the Commonwealth. The policy objective behind these regulations was to ensure that the necessary training activities of the Naval Forces could be carried out effectively and safely, with proper public notification and under controlled conditions.
Scope and Application
The Naval Forces (Firing Areas) Regulations, made under the authority of the Naval Defence Act 1910-1952, pertain to the establishment and regulation of designated areas within the Naval Station for specific military activities such as gunnery, bombing, and torpedo practice. These regulations apply to the Naval Forces of the Commonwealth, and the Naval Board is granted the authority to declare specific areas within the Naval Station as designated practice zones, subject to the publication of notices in the Commonwealth Gazette. The regulations also allow the Naval Board to impose conditions that govern the conduct of these activities within the declared areas, thereby ensuring safety and compliance with established military protocols. The scope of these regulations is confined to the geographical boundaries of the Naval Station and are intended to facilitate the operational readiness and training of the Naval Forces, thereby contributing to the national defence capabilities of Australia.
The regulations explicitly outline the procedural framework for the declaration and use of firing areas, providing the Naval Board with the necessary tools to manage and supervise these activities. The application of these regulations is limited to the specific purposes of gunnery, bombing, and similar practices, and any exclusions, exemptions, or thresholds are to be determined by the Naval Board in accordance with the conditions set forth in the regulations. These regulations are instrumental in ensuring that the training and operational activities of the Naval Forces are conducted in a controlled and safe environment, ultimately supporting the broader objectives of the Naval Defence Act 1910-1952.
Key Provisions
The main operative sections of these Regulations, particularly section 2, provide the Naval Board with the authority to designate specific areas within the Naval Station for various types of practice such as gunnery, bombing, and torpedo exercises. This is achieved by publishing a notice in the Gazette. Once an area is declared, the Naval Board may permit the Naval Forces to conduct these practices, subject to any conditions it deems necessary.
The Regulations impose several obligations and requirements on the Naval Board. Firstly, they must ensure that any area designated for practice purposes is clearly defined and published in the Gazette, providing public notice. Additionally, the Naval Board must determine and impose any conditions they consider appropriate to ensure the safe and effective conduct of these practices. These conditions might include safety protocols, timing restrictions, or other measures necessary to protect personnel and the public.
Failing to comply with these Regulations could result in various consequences. Although specific offences and penalties are not detailed in the Regulations themselves, breaches of regulations governing naval practices can generally lead to disciplinary actions against naval personnel, administrative penalties, or even criminal charges in cases of severe negligence or misconduct. The severity of the consequences would depend on the nature and extent of the breach, as well as any applicable laws and regulations beyond these specific provisions.