Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2020 – 2021 Amendment No.1

Administered by Department of Defence

Legislation au F2020L00596 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Defence

Defence Act 1903

Woomera Prohibited Area Rule 2014

Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2020-2021 Amendment No.1

 

Purpose

 

Subsection 8(1) of the Woomera Prohibited Area Rule 2014 provides that the Minister for Defence may, by legislative instrument, determine the exclusion periods for Amber Zone 1 and Amber Zone 2 in the Woomera Prohibited Area for a financial year. 

 

The Minister has delegated the power to determine exclusion periods for a financial year pursuant to subsection 63(2) of the Woomera Prohibited Area Rule 2014.

 

During a financial year, exclusion periods determined by legislative instrument may be amended to vary access to zones within the Woomera Prohibited Area in accordance with paragraph 13(1)(a) of the Legislation Act 2003 and subsection 33(3) of the Acts Interpretation Act 1901.  This subsection of the Acts Interpretation Act 1901 provides that, 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.

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2020-2021 Amendment No.1

 

Details of the Amendment are set out in Attachment 1.

 

Consultation

 

Defence consulted on the general principles of exclusions periods in the WPA as part of the introduction of the Woomera Prohibited Area Rule 2014. Through this process, the persons who are directly affected by the exclusion periods were 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.

 

Additionally, Defence contacts those people who will be directly affected by the exclusion periods, including pastoralists, traditional owners and mines, when the exclusion period approaches.

 

As a result of the above, and on the basis that the amendment reduces the potential impact that exclusion periods have on affected persons by reducing the number of days that persons may be excluded from the WPA, specific consultation was not undertaken at the time of making this amendment.

 

Commencement

 

This amendment commences on the day after registration.

 

Statement of Compatibility with Human Rights - Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

A statement of compatibility with Human Rights is set out at Attachment 2.

 

 


Attachment 1

 

Details of the Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2020-2021 Amendment No.1

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2020-2021 dated 17 March 2020 set out the dates on which holders of a permit issued under the Woomera Prohibited Area Rule 2014 are excluded from entering the Amber Zone 1 and Amber Zone 2 during financial year 2020-2021.

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2020-2021 Amendment No.1 will amend the Determination by removing the exclusion periods for Amber Zone 2 set out in the table below.

 

Exclusion Period

Zone to which the Exclusion Period applies

20 July 2020 – 26 July 2020

Amber Zone 2

27 July 2020 – 2 August 2020

Amber Zone 2

3 August 2020 – 9 August 2020

Amber Zone 2

10 August 2020 – 16 August 2020

Amber Zone 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 2

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Woomera Prohibited Area Rule 2014

Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2020-2021 Amendment No.1

This amendment to the Determination under the Woomera Prohibited Area Rule 2014 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 Amendment

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2020-2021 made under subsection 8(1) of the Woomera Prohibited Area Rule 2014 exercised the power of the Minister for Defence by the delegate to determine the exclusion periods for Amber Zone 1 and Amber Zone 2 in the Woomera Prohibited Area for the financial year 2020-2021.

 

This Determination set out the dates in which holders of a permit issued under the Woomera Prohibited Area Rule 2014 are excluded from entering Amber Zone 1 and Amber Zone 2 during financial year 2020-2021.

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2020-2021 Amendment No.1 amends the Determination by removing certain exclusion periods for Amber Zone 2 set out in the Schedule to the Determination.

Human rights implications

This amendment does not engage any of the applicable rights or freedoms specified in the compatibility statement for the original determination.  This amendment is considered to have a beneficial effect as it removes restrictions on access to the Woomera Prohibited Area.  Those people with a permit to access Amber Zone 2 within the Woomera Prohibited Area will no longer be subject to exclusions and restrictions on their access during the periods specified in this amendment to the  Determination.

Conclusion

This amendment is compatible with human rights as it does not raise any human rights issues.

John Anderson, Director Woomera Prohibited Area Coordination Office

Overview

The Woomera Prohibited Area Rule 2014, enacted to manage access to the Woomera Prohibited Area, provides the framework for determining exclusion periods for various zones within the area. This legislation was introduced to address the need for controlled access to sensitive and hazardous areas, ensuring safety and security while balancing the rights of permit holders. The Minister for Defence, exercising powers delegated under the Defence Act 1903, has the authority to determine exclusion periods for zones within the Woomera Prohibited Area. The policy objective is to manage the impact on stakeholders by adjusting access periods to minimise disruptions to businesses and activities within the area. The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2020-2021 Amendment No.1 was issued under the authority of the Minister for Defence, aiming to modify the previously set exclusion periods for Amber Zone 2. This amendment was made to reduce the number of days that permit holders are excluded from accessing these zones, thereby mitigating the potential negative impact on their activities. Consultation with affected parties, such as pastoralists, traditional owners, and mining operators, was undertaken to ensure their concerns were considered. As the amendment is designed to lessen restrictions, it aligns with the overarching policy objective of balancing security requirements with the needs of legitimate users of the area.

Scope and Application

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2020-2021 Amendment No. 1 applies to individuals and entities holding a permit under the Woomera Prohibited Area Rule 2014, particularly those who are directly impacted by the exclusion periods within the Woomera Prohibited Area (WPA). This legislation pertains specifically to the exclusion periods that restrict access to Amber Zone 1 and Amber Zone 2 in the WPA, with the aim of reducing the potential impact on permit holders by decreasing the number of days they may be excluded. The jurisdictional reach of this Act is Commonwealth, as it falls under the Defence Act 1903 and is administered by the Minister for Defence. The amendment to the exclusion periods does not include any explicit exclusions, exemptions, or thresholds, but rather seeks to provide relief to permit holders by altering the previously determined exclusion periods. This amendment is made possible through the delegation of power under the Woomera Prohibited Area Rule 2014 and can be further extended or restricted through subordinate instruments as deemed necessary.

Key Provisions

The primary sections of the Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2020-2021 Amendment No.1, particularly section 8(1), allow the Minister for Defence to determine the exclusion periods for Amber Zone 1 and Amber Zone 2 within the Woomera Prohibited Area for a financial year. This legislative instrument modifies the exclusion periods initially set out for financial year 2020-2021 by removing specific exclusion periods for Amber Zone 2. These exclusion periods, originally set out in the Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2020-2021, were intended to restrict access to certain areas of the Woomera Prohibited Area to ensure safety and operational integrity. The Act imposes certain obligations on permit holders and other affected parties. Permit holders must adhere to the exclusion periods as amended by the legislative instrument. Any changes to these periods require permit holders to adjust their activities and plans to avoid unauthorised entry into the specified zones during the exclusion periods. Defence is obligated to communicate changes in exclusion periods to directly affected parties, such as pastoralists, traditional owners, and mines, to ensure they are aware of the new restrictions. In terms of consequences for non-compliance, the Act does not explicitly state offences or penalties for breaching the exclusion periods. However, unauthorised entry into restricted areas could potentially lead to legal action under the Defence Act 1903 or other relevant legislation, which may include fines, imprisonment, or other civil or criminal penalties. The precise penalties would depend on the specific circumstances and any additional applicable laws. Given the sensitive nature of the Woomera Prohibited Area, unauthorised entry during exclusion periods could also have significant security implications, potentially leading to further legal consequences. The amendment, by reducing the exclusion periods, aims to mitigate the impact on permit holders and other stakeholders, thereby facilitating smoother operations within the area.

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