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

Administered by Department of Defence

Legislation au F2020L00910 Not in force Legislative Instrument

Legislation content

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.2

 

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.2

 

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.2

 

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.

 

The amendment to the Determination dated 20 May 2020 removed the period 20 July 2020 – 16 August 2020 as an exclusion period for 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.2 will amend the Determination by removing the exclusion periods for Amber Zone 1 set out in the table below.

 

Exclusion Period

Zone to which the Exclusion Period applies

20 July 2020 – 26 July 2020

Amber Zone 1

27 July 2020 – 2 August 2020

Amber Zone 1

3 August 2020 – 9 August 2020

Amber Zone 1

10 August 2020 – 16 August 2020

Amber Zone 1

17 August 2020 – 23 August 2020

Amber Zone 1

24 August 2020 – 30 August 2020

Amber Zone 1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.2

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.2 amends the Determination by removing certain exclusion periods for Amber Zone 1 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 1 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 Defence Act 1903, as amended by the Woomera Prohibited Area Rule 2014, provides the legal framework for the management of the Woomera Prohibited Area (WPA). The Act aims to ensure the safety and security of the area, which is used for defence purposes, while also allowing for controlled access. Under subsection 8(1) of the Woomera Prohibited Area Rule 2014, the Minister for Defence has the authority to determine exclusion periods for Amber Zone 1 and Amber Zone 2 within the WPA for a financial year, effectively controlling access to these zones. 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.2, enacted by the Minister for Defence, adjusts these exclusion periods to mitigate the impact on permit holders. This amendment was made without specific consultation due to the general nature of the exclusion periods being addressed and the previous consultations on the broader principles of exclusion periods. The amendment aims to reduce the number of days that permit holders are excluded from accessing the WPA, thereby lessening the potential impact on their activities.

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. 2 applies to permit holders under the Woomera Prohibited Area Rule 2014, specifically those seeking access to Amber Zone 1 and Amber Zone 2 within the Woomera Prohibited Area. The Act, being a legislative instrument of the Defence Act 1903, extends its reach to the Commonwealth level, impacting entities and individuals who operate within or need access to the Woomera Prohibited Area. The amendment specifies certain exclusion periods during the 2020-2021 financial year, adjusting the access to these zones by removing previously specified exclusion periods for Amber Zone 1. This amendment does not introduce new exclusions or exemptions but rather modifies existing ones, thereby altering the conditions under which permit holders can access the Woomera Prohibited Area. The changes are made in accordance with the powers conferred by the Woomera Prohibited Area Rule 2014, and the amendment is designed to reduce the potential impact on affected persons by decreasing the number of days that they may be excluded from the area.

Key Provisions

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. 2 (the "Amendment") details the changes made to the exclusion periods for the Amber Zones within the Woomera Prohibited Area for the specified financial year. Under section 8(1) of the Woomera Prohibited Area Rule 2014, the Minister for Defence has the authority to determine these exclusion periods via legislative instrument, and this power has been delegated to a specific officer under section 63(2). The Amendment, which is detailed in Attachment 1, removes specific exclusion periods for Amber Zone 1, thereby altering the original determination dated 17 March 2020 and the subsequent amendment dated 20 May 2020. The Amendment imposes specific obligations on permit holders under the Woomera Prohibited Area Rule 2014. These permit holders are required to adhere to the updated exclusion periods, which now exclude certain dates for Amber Zone 1 but retain the exclusion period for Amber Zone 2 as amended. The Amendment ensures that those with permits must be aware of the revised dates to avoid unauthorised entry into the Amber Zones during the specified exclusion periods. Defence is mandated to inform directly affected parties, including pastoralists, traditional owners, and mines, of these changes as the exclusion period approaches, ensuring compliance and minimising disruption. In terms of legal consequences, the Act does not explicitly outline specific offences, penalties, or consequences for breaches of the exclusion periods. However, unauthorised entry into the Woomera Prohibited Area or its designated zones can result in enforcement actions under the Defence Act 1903 and other applicable legislation. Typically, unauthorised entry into a prohibited area can lead to criminal charges, with potential penalties including fines and imprisonment. Civil remedies may also be pursued for any damages or losses incurred due to non-compliance. The precise penalties would depend on the circumstances of the breach and the relevant provisions of other applicable laws.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Delegated & Subordinate Legislation
Exclusion Periods
Regulatory Standards

Interactions

Authorises

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