Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2021 – 2022 Amendment No.1

Administered by Department of Defence

Legislation au F2021L00716 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 2021-2022 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.

 

In accordance with subsection 13(1)(a) of the Legislation Act 2003 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.

 

Therefore, during a financial year, exclusion periods determined by legislative instrument may be amended to vary access to zones within the Woomera Prohibited Area.

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2021-2022 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 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 2021-2022 Amendment No.1

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2021-2022 dated 4 March 2021 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 2021-2022.

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2021-2022 Amendment No.1 will amend the Determination by removing the exclusion periods for Amber Zone 1 and Amber Zone 2 as set out in the table below.

 

Exclusion Period

Zone to which the Exclusion Period applies

3 July 2021 – 9 July 2021

Amber Zone 1

10 July 2021 – 16 July 2021

Amber Zone 1

17 July 2021 – 23 July 2021

Amber Zone 1

24 July 2021 – 30 July 2021

Amber Zone 1

3 July 2021 – 9 July 2021

Amber Zone 2

10 July 2021 – 16 July 2021

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 2021-2022 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 2021-2022 made on 4 March 2021 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 2021-2022.

 

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 2021-2022.

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2021-2022 Amendment No.1 amends the Determination by omitting certain exclusion periods for Amber Zone 1 and Amber Zone 2 as set out in the Schedule to the Determination.

 

Human rights implications

This instrument engages the following human rights:

  • Freedom of Movement – Article 12 of the International Covenant on Civil and Political Rights (ICCPR)
  • The right to work and the right to just and favourable working conditions – the International Covenant on Economic, Social and Cultural Rights (ICESCR)
  • The right to enjoy and benefit from culture – ICCPR and the right to take part in cultural life – ICESCR

The Statement of Compatibility with Human Rights for the Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2021 - 2022 described how that Legislative Instrument would likely have limited the above human rights. By amending that Legislative Instrument to omit the identified exclusion periods for Amber Zone 1 and Amber Zone 2, this Legislative Instrument positively affects those rights by reducing the times when those limitations will apply.

In particular, 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 and 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 Legislative Instrument is compatible with human rights as it promotes the protection of human rights by amending a Legislative Instrument to reduce limitations on human rights. 

John Anderson, Director Woomera Prohibited Area Coordination Office

Overview

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2021-2022 Amendment No.1 was introduced to modify the exclusion periods for certain areas within the Woomera Prohibited Area. Enacted by the Australian Parliament, this legislative instrument amends the previously set exclusion periods for Amber Zone 1 and Amber Zone 2 in the Woomera Prohibited Area for the financial year 2021-2022. The objective of this amendment is to reduce the number of days that permit holders are excluded from accessing these zones, thereby lessening the impact of these exclusion periods on those affected. The amendment was made under the authority delegated by the Minister for Defence, in accordance with the provisions of the Woomera Prohibited Area Rule 2014. This amendment is intended to enhance the flexibility and fairness of the exclusion periods, ensuring that the rights and freedoms of individuals with permits to access the Woomera Prohibited Area are better protected. The amendment reflects the government's commitment to balancing the need for security and public safety with the rights of permit holders. By reducing the exclusion periods, the amendment aims to mitigate potential negative impacts on those directly affected, including pastoralists, traditional owners, and miners.

Scope and Application

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2021-2022 Amendment No.1 applies to permit holders within the Woomera Prohibited Area, specifically affecting individuals and entities with permits who wish to access the Amber Zone 1 and Amber Zone 2 within the specified financial year. This legislative instrument amends the previously set exclusion periods for these zones, thereby altering the conditions under which permit holders can access these areas. The amendment aims to reduce the potential negative impact of exclusion periods on permit holders by decreasing the number of days they are excluded from the Woomera Prohibited Area. This legislation is a Commonwealth instrument, applying nationally within the designated areas of the Woomera Prohibited Area. There are no specific exclusions or exemptions mentioned in the text, and any variations or further amendments to the exclusion periods would be made through subordinate instruments as per the provisions of the Woomera Prohibited Area Rule 2014 and relevant legislative acts. The amendment has been made to mitigate the adverse effects on human rights, particularly the freedom of movement, the right to work, and the enjoyment of cultural benefits, by reducing the periods of exclusion for permit holders.

Key Provisions

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2021-2022 Amendment No.1 (the Amendment) is a legislative instrument that modifies the exclusion periods for the Amber Zones within the Woomera Prohibited Area for the financial year 2021-2022. This Amendment removes specific exclusion periods for holders of permits who wish to enter Amber Zone 1 and Amber Zone 2, thus altering the previously set dates when such entry would be prohibited. Under subsection 8(1) of the Woomera Prohibited Area Rule 2014, the Minister for Defence has the authority to determine these exclusion periods by legislative instrument. This power allows for the modification of access to these zones, thereby providing flexibility in managing the sensitive areas within the Woomera Prohibited Area. The Amendment imposes specific obligations on permit holders and other entities affected by the exclusion periods. Permit holders who are granted access to the Woomera Prohibited Area must comply with the exclusion periods as amended by this instrument. This means that they must adhere to the modified dates when entry to the Amber Zones is permitted. Defence is also obligated to ensure that these amendments are communicated effectively to all stakeholders, particularly those who are directly affected by the exclusion periods. This includes pastoralists, traditional owners, and miners who have interests in the Woomera Prohibited Area. Defence must contact these stakeholders as the exclusion periods approach, ensuring they are aware of any changes in their access rights. Breaching the exclusion periods set out in the amended Determination could result in civil or criminal consequences. Individuals or entities that enter the Amber Zones during the exclusion periods may face penalties under the Defence Act 1903 and the Woomera Prohibited Area Rule 2014. The maximum penalties for contravening these provisions can include fines and, in more serious cases, imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any applicable laws and regulations. It is crucial for all permit holders and affected parties to comply with the amended exclusion periods to avoid any legal repercussions.

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