Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2021 – 2022 Amendment No.3

Administered by Department of Defence

Legislation au F2022L00693 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.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 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.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 2021-2022 Amendment No.3

 

The 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 (the Determination) 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.

 

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.3 (the amendment Determination) will amend the Determination by removing the exclusion periods for Amber Zone 1 as set out in the table below.

 

Exclusion Period

Zone to which the Exclusion Period applies

23 May to 29 May 2022

Amber Zone 1

30 May to 5 June 2022

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 2021-2022 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

The 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.

 

The Determination set out the dates in which holders of a permit issued under the Woomera Prohibited Area Rule 2014 would be excluded from entering Amber Zone 1 and Amber Zone 2 during financial year 2021-2022.

 

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.3 amends the Determination by omitting certain exclusion periods for Amber Zone 1 as set out in the Schedule to the amendment 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, 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 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 Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2021-2022 Amendment No.3 was enacted to amend the exclusion periods for Amber Zone 1 within the Woomera Prohibited Area for the financial year 2021-2022. The Defence Act 1903 empowered the Minister for Defence to delegate the power to determine these exclusion periods, and the Woomera Prohibited Area Rule 2014 provides the framework under which these exclusion periods can be set. This specific amendment was introduced to alleviate the potential impact on affected persons by reducing the number of days that persons may be excluded from the Woomera Prohibited Area. The Minister for Defence, exercising delegated authority, made this amendment to vary access to Amber Zone 1, which is part of a broader regulatory approach aimed at balancing the needs of national security with the rights of individuals and businesses within the Woomera Prohibited Area. This legislative amendment was made without specific consultation due to prior consultations held during the introduction of the Woomera Prohibited Area Rule 2014, where stakeholders were given the opportunity to comment on the exclusion periods. The amendment is designed to be compatible with human rights, specifically addressing concerns about freedom of movement, the right to work, and cultural rights by reducing the periods of exclusion, thereby promoting the protection of these rights within the context of the Woomera Prohibited Area. The Statement of Compatibility with Human Rights confirms that the amendment positively affects these rights by reducing the limitations imposed by the exclusion periods.

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.3 is an amendment to the existing regulation governing the Woomera Prohibited Area, which is a designated area under the Defence Act 1903. This amendment applies specifically to permit holders who are granted access to the Woomera Prohibited Area, particularly those with permits to enter the Amber Zone 1. By removing specific exclusion periods for Amber Zone 1, the amendment aims to reduce the restrictions on permit holders' access to this zone during the financial year 2021-2022. The amendment, which is made under the authority delegated by the Minister for Defence, reflects a decision to lessen the potential negative impacts on permit holders by decreasing the number of days they are excluded from the Woomera Prohibited Area. This adjustment is intended to balance the operational needs of the Defence area with the rights and needs of those who require access under permit conditions. The amendment takes effect on the day after its registration and is part of the broader regulatory framework that governs the Woomera Prohibited Area. The Minister for Defence has the power to determine exclusion periods for the Woomera Prohibited Area through legislative instruments, and this amendment is a specific exercise of that power. The amendment also aligns with human rights considerations, as evidenced by the Statement of Compatibility with Human Rights, which ensures that the changes made do not infringe upon the rights of permit holders and, in fact, reduce certain restrictions on their access. The amendment does not extend to other zones or areas within the Woomera Prohibited Area and is limited to the specified exclusion periods for Amber Zone 1 during the financial year 2021-2022.

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.3 (the Amendment) amends the exclusion periods for the Amber Zones within the Woomera Prohibited Area for the financial year 2021-2022. Specifically, it removes certain exclusion periods for Amber Zone 1, as detailed in the amendment's Schedule. This means that permit holders will no longer be subject to restrictions on entering Amber Zone 1 during the specified periods of 23 May to 29 May 2022 and 30 May to 5 June 2022, effectively reducing the impact of the exclusion periods on those directly affected. The Amendment imposes certain obligations on the Minister for Defence and the relevant permit holders. The Minister, through the Amendment, exercises their power to modify the exclusion periods for the Amber Zones, ensuring that the Woomera Prohibited Area Rule 2014 operates effectively. Permit holders are required to adhere to the amended exclusion periods, which are now less restrictive, allowing them to plan their activities within the Woomera Prohibited Area more freely. Furthermore, Defence is obligated to inform those directly affected by the exclusion periods about the changes, ensuring they are aware of their altered access rights. Breaching the exclusion periods set by the Woomera Prohibited Area Rule 2014, whether before or after the Amendment, can result in civil and criminal consequences. Entering the Woomera Prohibited Area during an exclusion period without proper authorisation can lead to fines, imprisonment, or both. The maximum penalties for such offences are outlined in the Defence Act 1903, which imposes significant fines and/or imprisonment for unauthorised entry into a prohibited area. Given the nature of the Woomera Prohibited Area as a sensitive defence site, strict enforcement of these regulations is paramount to ensure national security and compliance with the law.

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