Sydney Harbour Federation Trust Amendment Regulations 2002 (No. 1) 2002 No. 312
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 312
Issued by the Authority of the Minister for the Environment and Heritage
Sydney Harbour Federation Trust Act 2001
Sydney Harbour Federation Trust Amendment Regulations 2002 (No. 1)
Subsection 73(1) of the Sydney Harbour Federation Trust Act 2001 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or matters necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Paragraphs 73(2)(p)-(r) of the Act provide for regulations to be made relating to the functions and powers of wardens and rangers, the appointment of wardens or rangers and arrangements with the Commonwealth, New South Wales and affected councils for the performance of functions and the exercise of powers of wardens and rangers.
Regulation 31 of the Sydney Harbour Federation Trust Regulations 2001 (the principal regulations) relate to the removal of persons from Trust land, and provide (sub-regulation 31(6)) for the level of force to be used by rangers or wardens in removing persons.
The purpose of the regulations is to remove the reference to ´wardens' and to clarify that in removing a person from Trust lands a ranger must use no more force than is reasonably necessary.
The principal regulations refer to rangers and wardens but there is no distinction between the roles of each. The amendment removes the reference to warden(s) wherever appearing in the principal regulations. The amendment to sub-regulation 31(6) about the use of reasonable force to effect a person's removal from Trust land by a ranger or warden does not change the substance of the sub-regulation but better expresses the intention of that provision.
The amendments to the regulations took into account suggestions by the Senate Standing Committee on Regulations and Ordinances. The Office of Regulation Review advised that a regulation impact statement was not necessary.
The regulations commence on gazettal.
Overview
The Sydney Harbour Federation Trust Amendment Regulations 2002 (No. 1) were enacted to amend the Sydney Harbour Federation Trust Regulations 2001, pursuant to the powers conferred by subsection 73(1) of the Sydney Harbour Federation Trust Act 2001. This legislation was introduced to address the need for clarity and uniformity in the roles and responsibilities of rangers and wardens within the Trust's jurisdiction. By removing references to 'wardens' and specifying that rangers must use only the necessary force when removing a person from Trust land, the amendments aim to streamline and clarify the regulatory framework governing the enforcement activities of these personnel. The regulations were developed with consideration of recommendations from the Senate Standing Committee on Regulations and Ordinances and were issued by the authority of the Minister for the Environment and Heritage. The overarching policy objective is to ensure effective and reasonable enforcement practices within the Sydney Harbour area, thereby maintaining public safety and order in accordance with the Trust's mandate.
Scope and Application
The Sydney Harbour Federation Trust Amendment Regulations 2002 (No. 1) serve to modify the existing Sydney Harbour Federation Trust Regulations 2001, primarily by clarifying the roles and powers of rangers and wardens within the Trust's jurisdiction. These regulations apply to individuals and entities involved in the administration and enforcement activities on Trust lands, specifically targeting those authorised to perform duties as rangers or wardens. Geographically, the regulations operate within the Commonwealth and the state of New South Wales, encompassing the broader Sydney Harbour area as defined by the Sydney Harbour Federation Trust Act 2001. The regulations do not introduce any new exclusions or exemptions but refine existing provisions to ensure a clearer understanding and application of the force used in the removal of persons from Trust lands. Subordinate instruments may further extend or restrict the application of these regulations, although the primary focus remains on enhancing the clarity and precision of the legal framework governing the Trust's enforcement activities.
Key Provisions
The main operative sections of the Sydney Harbour Federation Trust Amendment Regulations 2002 (No. 1) are aimed at refining and clarifying the existing framework for the removal of persons from Trust lands, as well as the use of force by rangers and wardens. Section 31(6) is particularly significant, as it articulates the level of force that may be used by rangers or wardens when removing a person from Trust lands, ensuring that such force is no more than reasonably necessary. The amendment effectively streamlines the regulatory language by removing references to 'wardens' throughout, thus consolidating the roles and responsibilities of rangers and wardens under a single, clarified provision.
These regulations impose several obligations on the parties and entities they govern. For example, they require rangers and wardens to exercise a measured approach when enforcing the removal of individuals from Trust lands, ensuring that the force used is strictly limited to what is necessary under the circumstances. Furthermore, these regulations demand that any actions taken by rangers or wardens in this regard are conducted in accordance with the principles set out within the amended provisions, thereby promoting consistency and fairness in the enforcement of Trust land regulations.
In terms of the consequences for breach, the regulations do not explicitly outline specific offences or penalties. However, the underlying principles suggest that any misuse of force or improper handling of the removal process could potentially lead to disciplinary action, civil liabilities, or even criminal charges, depending on the severity and intent behind the breach. Given the context and the nature of the regulations, breaches could potentially incur penalties as prescribed under the Sydney Harbour Federation Trust Act 2001, although the exact penalties are not detailed within these specific regulations.