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

Administered by Department of Defence

Legislation au F2022L00257 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.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.

 

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.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 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.2

 

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.2 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

7 March to 13 March 2022

Amber Zone 1

14 March to 20 March 2022

Amber Zone 1

21 March to 27 March 2022

Amber Zone 1

28 March to 3 April 2022

Amber Zone 1

4 April to 10 April 2022

Amber Zone 1

21 March to 27 March 2022

Amber Zone 2

28 March to 3 April 2022

Amber Zone 2

4 April to 10 April 2022

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.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 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.2 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. 

Taylor Seawright, Acting Director Woomera Prohibited Area Coordination Office

Overview

The Defence Act 1903, enacted by the Australian Parliament, governs the administration and management of Australia's defence force and related activities. One of the critical aspects of the Defence Act 1903 is the regulation of the Woomera Prohibited Area, which encompasses significant land used for defence purposes, including testing and training facilities. The Woomera Prohibited Area Rule 2014, which falls under the Defence Act 1903, was introduced to address the need for stringent control and regulation over access to this sensitive area. The rule allows the Minister for Defence to determine exclusion periods for different zones within the Woomera Prohibited Area to balance national security requirements with the rights of permit holders. In line with the Woomera Prohibited Area Rule 2014, the Minister for Defence has the authority to amend exclusion periods for specific zones, as illustrated in 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.2. This legislative instrument aims to reduce the number of exclusion days, thereby mitigating the impact on individuals and businesses that require access to these zones. The amendment follows consultation with stakeholders who would be directly affected by such exclusions, ensuring that the changes are made with their interests in mind. The amendment also includes a Statement of Compatibility with Human Rights, confirming that the legislative changes uphold human rights by reducing restrictions on movement and work within the Woomera Prohibited 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 2021-2022 Amendment No. 2 applies specifically to the exclusion periods for access to the Amber Zone 1 and Amber Zone 2 within the Woomera Prohibited Area for the financial year 2021-2022. The Minister for Defence has the authority to determine these exclusion periods under subsection 8(1) of the Woomera Prohibited Area Rule 2014, and this power is exercised by a delegate as specified in subsection 63(2) of the same rule. The amendment removes certain previously designated exclusion periods, thereby potentially reducing the impact on permit holders who may now have greater access to these zones during the financial year. The amendment is applicable within the Commonwealth of Australia, specifically concerning the Woomera Prohibited Area, and it is designed to enhance the flexibility of access during the financial year in question. The amendment takes effect upon registration and is accompanied by a Statement of Compatibility with Human Rights, affirming its alignment with international human rights standards. This legislative instrument is subject to the overarching framework of the Defence Act 1903 and the Woomera Prohibited Area Rule 2014, which provide the legal basis for the exclusion periods and the authority to modify them. The instrument operates within the jurisdictional scope of the Commonwealth of Australia, focusing on the Woomera Prohibited Area. While the amendment itself does not specify any exclusions or thresholds, it is important to note that the Woomera Prohibited Area Rule 2014, and by extension, this amendment, applies to all individuals and entities holding permits to enter the specified zones. The exclusion periods set out in this amendment are designed to balance the operational needs of the Defence area with the rights of 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.2 primarily involves the alteration of exclusion periods for certain zones within the Woomera Prohibited Area. This amendment, as per the original determination dated 4 March 2021, was designed to modify the specified dates during which permit holders are excluded from entering Amber Zone 1 and Amber Zone 2 throughout the financial year 2021-2022 (subsection 8(1) of the Woomera Prohibited Area Rule 2014). Specifically, the amendment removes certain exclusion periods, thus altering the schedule of restricted access dates (see Attachment 1). The obligations and requirements imposed by this Act primarily pertain to permit holders who are affected by the exclusion periods. These individuals must ensure compliance with the amended exclusion dates as outlined in the legislative instrument. The permit holders are required to be aware of the amended dates to avoid unintentional breaches of the exclusion periods. Additionally, the Act necessitates that Defence consults directly affected parties, such as pastoralists, traditional owners, and miners, when exclusion periods are approaching or being amended. This ensures that those most impacted by the exclusion periods are kept informed and can plan accordingly. In terms of consequences for non-compliance, the Act does not explicitly detail specific offences or penalties within the provided text. However, it is implied that failure to adhere to the amended exclusion periods could result in legal repercussions. Generally, breaches of such regulations might lead to civil or criminal penalties depending on the severity and intent behind the breach. The specific penalties would be aligned with the overarching legal framework governing the Woomera Prohibited Area and related regulations. For instance, unauthorised entry into a restricted area could lead to fines, imprisonment, or both, depending on jurisdictional laws and the specifics of the breach. The amendment is also accompanied by a Statement of Compatibility with Human Rights, ensuring that the changes align with international human rights standards. This statement acknowledges the potential impacts on freedoms such as movement and cultural enjoyment, and by reducing the exclusion periods, the amendment aims to mitigate these impacts. Therefore, the Act seeks to balance national security needs with the rights of individuals, ensuring that any restrictions are justified and proportionate.

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Legislative Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Consultation Requirements
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.