Woomera Prohibited Area Amendment (Technical Amendments) Rule 2014

Overview

The Defence Act 1903, as amended by the Woomera Prohibited Area Amendment (Technical Amendments) Rule 2014, addresses the need for precise and up-to-date technical amendments to the Woomera Prohibited Area Rule. This rule was enacted by the Parliament of Australia and seeks to ensure that the regulations governing the Woomera Prohibited Area remain accurate and relevant. The Rule was made under the authority of the Minister for Defence, in consultation with the Minister for Industry and the Government of South Australia, to reflect changes such as the renaming of roads and adjustment of area boundaries. The policy objective is to maintain the integrity and operational effectiveness of the Woomera Prohibited Area by ensuring that all documentation and permissions align with current geographical and administrative realities. The Woomera Prohibited Area Amendment (Technical Amendments) Rule 2014 includes updates to the plans defining the area, such as the excision of certain sections and the reclassification of zones within the area, alongside adjustments to the nomenclature of access routes. These changes are purely technical, aimed at aligning the legislative instrument with current geographical and administrative conditions, without altering the substantive legal framework. The Rule is designed to ensure that human rights are not impacted, as confirmed by the Statement of Compatibility with Human Rights.

Scope and Application

The Woomera Prohibited Area Amendment (Technical Amendments) Rule 2014, issued under the Defence Act 1903, applies to the Woomera Prohibited Area in South Australia, modifying specific technical details of the area's boundaries and access permissions. This amendment applies to the Woomera Prohibited Area and its zones, specifically targeting the boundaries and access routes within this area. The changes include updating the plans to reflect current geographical and administrative nomenclature, such as renaming certain roads and adjusting the areas within different zones. These amendments are made with the agreement of the relevant ministers and consultation with the Government of South Australia, ensuring alignment with the legislative requirements and local governance. The rule's application is limited to the Woomera Prohibited Area and does not extend beyond this geographic and jurisdictional scope. No substantive changes to the law are made; rather, the amendments are purely technical, aimed at maintaining the accuracy and relevance of the regulatory framework governing the area. The rule commences on the day it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Woomera Prohibited Area Amendment (Technical Amendments) Rule 2014 (F2014L01491) includes technical amendments to the Woomera Prohibited Area Rule 2014, under section 72TP of the Defence Act 1903 (section 72TP(1)). The key amendments include updates to the plans defining the Woomera Prohibited Area, specifically replacing the plan "GP 249/1989" with "GP 249/1989 Sheet 2, dated 1 September 2014" in section 5, and updating the DMITRE Plan 204192-001 in section 6 to reflect the same date and the excision of Section 400. Additionally, section 11 of the rule is amended to update the names of certain access routes, such as renaming the Lake Cadibarrawirracanna Road to 'Public Access Route 18' and the Olympic Dam – Pimba Road to the Olympic Dam Highway. Part 2 of Schedule 1 also updates the simplified map of the Woomera Village Standing Permission Area, renaming the Olympic Dam – Pimba Road as the Olympic Dam Highway. These amendments impose the obligation on the Minister for Defence to ensure that the plans and maps defining the Woomera Prohibited Area and the access routes within it are accurate and up-to-date. The Minister must also ensure that the rules reflect the correct names of roads and other access routes, thereby facilitating compliance with the regulations by the public and relevant authorities. The Minister for Industry and the Government of South Australia have been consulted in line with the requirements of the Defence Act 1903, and a Statement of Compatibility with Human Rights has been prepared, confirming that the amendments do not engage any of the applicable rights or freedoms. There are no specific offences, penalties, or civil/criminal consequences outlined in the Explanatory Statement for breaches of the Woomera Prohibited Area Amendment (Technical Amendments) Rule 2014. However, it is implicit that non-compliance with the Defence Act 1903 and the Woomera Prohibited Area Rule 2014, as amended, could result in enforcement actions, penalties, or other legal consequences as provided for in the principal Act. The Defence Act 1903 generally includes provisions for penalties related to unauthorised entry into prohibited areas, which could include fines and imprisonment. However, the specific penalties would depend on the nature and severity of the breach, as outlined in the Defence Act itself.