EXPLANATORY STATEMENT
Issued by the delegate of the Minister for Defence
Defence Act 1903
Woomera Prohibited Area (Exclusion Periods for the Green Zone for 27 October 2025 to 16 November 2025) Amendment Determination 2025
Authority
The Woomera Prohibited Area (Exclusion Periods for the Green Zone for 27 October 2025 to 16 November 2025) Amendment Determination 2025 (Amendment Determination) is made under subsection 8(1) of the Woomera Prohibited Area Rule 2014 (Rule).
Subsection 8(1) of the Rule provides that the Minister may, by legislative instrument, determine exclusion periods for a financial year for the green zone in the Woomera Prohibited Area (WPA). Relevantly, subsection 8(4) of the Rule also provides that an exclusion period may apply to a part of a zone within the WPA.
Under subsection 63(2) of the Rule, the Minister may delegate the power to determine exclusion periods to an APS employee who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position, within the Department of Defence (Defence). On
12 September 2022, the Minister delegated this power by written instrument, to the Director of the Woomera Prohibited Area Coordination Office.
In accordance with paragraph 13(1)(a) of the Legislation Act 2003 (Legislation Act) and
subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.
Purpose and Operation
The Woomera Prohibited Area (Exclusion Periods for the Green Zone for 27 October 2025 to
16 November 2025) Determination 2025 (Determination) sets out the exclusion periods that apply to the green zone in the WPA. The exclusion periods specified in the Determination are the dates in which holders of a permit issued under the Rule are excluded from entering specified parts of the WPA green zone.
The purpose of this Amendment Determination is to amend the Determination to expand the area of the green zone for the exclusion period between 10 November 2025 and 16 November 2025. The reason for this expansion is to allow for Defence testing to be undertaken in these parts of the
WPA green zone. There are no changes to the part of the green zone for the exclusion periods between 27 October 2025 and 9 November 2025.
Background
In 2014, the Defence Legislation Amendment (Woomera Prohibited Area) Act 2014 amended the Defence Act 1903. These amendments gave effect to the recommendations made in the Final Report of the Review of the Woomera Prohibited Area, released on 3 May 2011.
The amendments empower the Minister to make, by legislative instrument, rules in relation to the WPA. Accordingly, on 25 August 2014, the Minister exercised this power and made the Rule. Relevantly, the Rule allows for the issuing of permits for non-Defence members to access the WPA. Under the Rule, the Minister may prescribe zones within the WPA, and make provision for exclusion periods within those prescribed zones.
The legislative framework governing the WPA is predicated upon a coexistence model. It provides non-Defence users with greater certainty over Defence activity taking place within the WPA. It allows users to make commercial decisions with some assurance as to when they will be requested to leave the area due to scheduled Defence activity.
Details of the instrument
Details of the instrument are set out in Attachment A.
Consultation
Defence consulted on the general principles of exclusion periods in the WPA as part of the drafting of the Rule. Through this process, the persons who are directly affected by the exclusion periods were consulted, and given the opportunity to comment on the Minister's power to determine exclusion periods, including detailing the direct or indirect impact an exclusion period would have on them or their business.
The Rule contains a number of mechanisms to limit the potential impacts that exclusion periods have on affected persons, including the notification requirements provided under section 9 and limitations on the number of days that persons may be excluded from the WPA under section 8.
The exclusion periods for the zones are based on prospective Defence testing requirements. These exclusion periods are contingent on Defence operational requirements, with the actual duration and extent of exclusions subject to change. This approach ensures flexibility for Defence operations while maintaining the security and safety required to undertake Defence testing.
Defence previously contacted those directly affected by the Determination, including pastoralists, traditional owners and mine operators. Defence provides timely and clear information about the exclusion period and area to ensure that affected persons are aware of any potential disruptions. Engagement with affected persons is also conducted via email and relevant updates are conducted on Defence’s official website to provide broader public accessibility to the information. Defence provided affected persons with updated information about the expanded parts of the WPA green zone in accordance with the notification requirements under section 9 of the Rule.
Additional consultation was not undertaken in relation to the making of this specific
Amendment Determination. Considering the comprehensive consultation that was previously conducted during the development of the Rule, the consultation undertaken in relation to the Determination, and Defence’s ongoing engagement with affected persons regarding the expanded areas of the WPA green zone, further consultation was not considered necessary.
Commencement
The instrument commences on the day after the instrument is registered on the Federal Register of Legislation.
Parliamentary scrutiny
The instrument is a legislative instrument for the purposes of the Legislation Act.
The instrument is subject to disallowance under section 42 of the Legislation Act.
A Statement of Compatibility with Human Rights has been prepared in accordance with
subsection 9(2) of the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement provides that the instrument is compatible with human rights because it promotes the protection of human rights, and to the extent that it may limit human rights, those limitations are necessary, reasonable and proportionate. The Statement of Compatibility with Human Rights is set out at Attachment B.
Attachment A
Details of the Woomera Prohibited Area (Exclusion Periods for the Green Zone for
27 October 2025 to 16 November 2025) Amendment Determination 2025
Section 1 – Name
Section 1 provides that the name of the instrument is the Woomera Prohibited Area (Exclusion Periods for the Green Zone for 27 October 2025 to 16 November 2025) Amendment Determination 2025 (the Amendment Determination).
Section 2 – Commencement
Section 2 provides that the Determination commences on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
Section 3 provides that the Determination is made under subsection 8(1) of the Woomera Prohibited Area Rule 2014 (the Rule). This section sets out the legislative authority for this Determination.
Section 4 – Schedules
Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Schedule 1 amends the Woomera Prohibited Area (Exclusion Periods for the Green Zone for
27 October 2025 to 16 November 2025) Determination 2025 (Determination).
Item 1 – Subsection 5(2)
Item 1 amends subsection 5(2) of the Determination. Item 1 omits “the exclusion period” and inserts “the exclusion period under paragraphs 5(1)(a) and (b)”.
Item 2 – Section 5
Item 2 adds a new subsection 5(3) to section 5.
New subsection 5(3) provides that for the purposes of subsection 8(4) of the Rule, the exclusion period under paragraph 5(1)(c) is determined for a part of the green zone. The part of the green zone is the area shaded blue on the map in Schedule 2, and contained within and bounded by a line commencing at the point of commencement. The map in Schedule 2 provides a visual representation of the part of the green zone. The coordinates in subsection 5(3) provides a point-to-point line of coordinates for the part of the green zone.
Item 3 – Schedule 1 (heading)
Item 3 amends the title of Schedule 1. Item 3 adds “for the exclusion periods under paragraphs 5(1)(a) and (b)” to the end of the heading in Schedule 1.
The effect of items 1 and 3 is that the exclusion periods between 27 October and 2 November 2025, and 3 November and 9 November 2025, will continue to apply to the part of the green zone identified in the map in Schedule 1 of the Determination and by the coordinates listed under subsection 5(2).
Item 4 – After Schedule 1
Item 4 adds a new Schedule 2 titled ‘Map of the Green Zone for the Exclusion Period under paragraph 5(1)(c)’ after Schedule 1.
Schedule 2 illustrates, in a map, the part of the WPA green zone that the exclusion period between
10 November 2025 and 16 November 2025 is determined for.
The effect of items 2 and 4 is that the exclusion period between 10 November 2025 to
16 November 2025, will apply to the part of the WPA green zone that is shaded blue in the map in Schedule 2 and contained within and bounded by a line of coordinates listed under subsection 5(3). This area is slightly larger than the part of the WPA green zone in the Schedule 1 map.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Woomera Prohibited Area (Exclusion Periods for the Green Zone for 27 October 2025 to
16 November 2025) Amendment Determination 2025
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Disallowable Legislative Instrument
Under subsection 8(1) of the Woomera Prohibited Area Rule 2014 (Rule), the Minister may, by legislative instrument, determine exclusion periods for the green zone. Subsection 8(4) of the Rule allows for an exclusion period to apply to part of a zone within the Woomera Prohibited Area (WPA). In accordance with section 10 of the Rule, a person who holds a WPA permit must not be at a place in the prescribed zone during an exclusion period.
The Woomera Prohibited Area (Exclusion Periods for the Green Zone for 27 October 2025 to
16 November 2025) Amendment Determination 2025 (Disallowable Legislative Instrument) amends the Woomera Prohibited Area (Exclusion Periods for the Green Zone for 27 October 2025 to
16 November 2025) Determination 2025 (Determination) by expanding the part of the WPA green zone for the exclusion period between 10 November 2025 and 16 November 2025.
The effect of this Amendment Determination is that holders of a permit issued under the Rule are excluded from entering the expanded part of the Green zone during the period between
10 November 2025 and 16 November 2025.
Human rights implications
This Disallowable Legislative Instrument engages the following human rights:
- the freedom of movement in Article 12 of the International Covenant on Civil and Political Rights (ICCPR);
- the right to work under Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR);
- the right to the enjoyment of just and favourable conditions of work under Article 7 of ICESCR;
- the right to enjoy and benefit from culture in Article 27 ICCPR; and
- the right to take part in cultural life under Article 15 ICESCR.
The Statement of Compatibility with Human Rights for the Determination described how it would likely impact the human rights listed above. In particular, it noted that, certain limitations on freedom of movement, the right to work and the right to enjoy and benefit from culture in the WPA were reasonable, necessary and proportionate to achieving the legitimate objectives.
The Disallowable Legislative Instrument expands some of the existing limitations on permit holders’ access rights to the WPA, by expanding the part of the Green zone that is subject to the exclusion period between 10 November 2025 and 16 November 2025.
The limitation on these rights is reasonable, proportionate and necessary to maintain the security of Defence activities and ensure the safety of people who have access to this area. Once the exclusion periods have ceased, First Nations people are able to access the WPA and enjoy and take part in cultural life as recognised in the ICCPR and ICESCR.
Conclusion
The Disallowable Legislative Instrument is compatible with the international human rights instruments to which Australia is a signatory. While recognising that freedom of movement, the right to work and the right to enjoy and benefit from culture may be limited for certain periods in the WPA, these limitations are reasonable, necessary and proportionate to achieving legitimate objectives.