Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2020 – 2021 Amendment No.3

Administered by Department of Defence

Legislation au F2020L01412 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.3

 

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.3

 

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 miners, 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.3

 

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. 

 

The amendment to the Determination dated 13 July 2020 removed the exclusion periods for Amber Zone 1 as set out in the table below.

 

Exclusion Period

Zone to which the Exclusion Period applied

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

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2020-2021 Amendment No.3 will amend the Determination by removing the exclusion periods for Amber Zone 2 as set out in the table below.

 

Exclusion Period

Zone to which the Exclusion Period applies

19 November 2020 – 25 November 2020

Amber Zone 2

26 November 2020 – 2 December 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.3

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.3 amends the Determination by removing certain exclusion periods for Amber Zone 2 as 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 Defence Act 1903, specifically through the Woomera Prohibited Area Rule 2014, provides a framework for managing access to certain areas within the Woomera Prohibited Area, which is designated for defence purposes. This legislation was enacted to ensure that the security and operational requirements of defence activities are protected, while also providing a structured approach to managing access to these sensitive areas. The Minister for Defence, exercising powers delegated under the Woomera Prohibited Area Rule 2014, has the authority to determine exclusion periods for Amber Zone 1 and Amber Zone 2 within the Woomera Prohibited Area. These exclusion periods, as amended, aim to balance the need for restricting access to protect defence activities with the practical requirements of those who hold permits to enter these zones. The policy objective is to minimise disruption to legitimate activities by reducing the number of exclusion days, thereby facilitating smoother operations within the designated areas while maintaining necessary security measures.

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.3 applies to the Woomera Prohibited Area, a designated area under the Defence Act 1903, and specifically regulates access to Amber Zone 1 and Amber Zone 2 within this area for the financial year 2020-2021. This amendment applies to individuals and entities holding permits to access these zones, which includes various industries such as pastoralism, mining, and traditional land use by Indigenous groups. The amendment serves to modify the exclusion periods previously set out in the Determination, reducing the days during which permit holders are barred from entering the specified zones. The amendment's jurisdiction is Commonwealth, as it derives its authority from the Defence Act 1903. The amendment is subject to change, as it may be further amended or revoked in accordance with the provisions of the Legislation Act 2003 and the Acts Interpretation Act 1901. Defence has consulted with affected stakeholders during the initial introduction of the Woomera Prohibited Area Rule 2014, but specific consultation was deemed unnecessary for this amendment due to its nature and the reduction in exclusion periods. This amendment commenced on the day after its registration.

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.3 sets out the specific exclusion periods for permit holders entering Amber Zone 1 and Amber Zone 2 in the Woomera Prohibited Area during the 2020-2021 financial year. The amendment specifically removes certain exclusion periods for Amber Zone 2, as detailed in the Schedule to the Determination (subsection 8(1) of the Woomera Prohibited Area Rule 2014). These amendments were made to reduce the number of days that permit holders are excluded from accessing the Woomera Prohibited Area, thereby mitigating the potential impact on affected persons. The obligations imposed by the Act include ensuring that permit holders adhere to the specified exclusion periods for the Woomera Prohibited Area. The Minister for Defence, through the delegate, is responsible for determining these exclusion periods. Permit holders must comply with the exclusion periods as outlined in the Determination and its amendments, failing which they risk being denied access to the specified zones. Additionally, Defence is required to consult with directly affected parties, such as pastoralists, traditional owners, and miners, when exclusion periods are set and amended, ensuring transparency and consideration of the impacts on these stakeholders. The Act does not explicitly outline offences, penalties, or consequences for breaches of the exclusion periods. However, the failure to comply with the exclusion periods may result in permit holders being denied access to the Woomera Prohibited Area during the specified times. This denial of access can have significant implications for those who rely on the Area for their operations, including potential financial losses and disruptions to business activities. The legislative instrument and the overarching Defence Act 1903 would govern any further enforcement actions or legal consequences that may arise from non-compliance.

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