Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2024-2025 Amendment Determination No.1

Administered by Department of Defence

Legislation au F2024L01281 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

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2024-2025 Amendment Determination No.1

 

Authority

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2024-2025 Amendment Determination No.1 (the Amendment Determination) is made under subsection 8(1) of the Woomera Prohibited Area Rule 2014.

 

Subsection 8(1) of the Woomera Prohibited Area Rule 2014 provides that the Minister for Defence (the Minister) may, by legislative instrument, determine the exclusion periods for Amber Zone 1, Amber Zone 2 and the Green Zone in the Woomera Prohibited Area (WPA) for a financial year. 

 

Under subsection 63(2) of the Woomera Prohibited Area Rule 2014 the Minister can delegate the power to determine exclusion periods for a financial year to a range of officials, including to an APS employee who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position, within the Department of Defence. The Minister has delegated this power to the Director of the Woomera Prohibited Area Coordination Office.

 

In accordance with paragraph 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.

 

 

Purpose and Operation

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2024-2025 (the Determination) sets out the exclusion periods that apply to Amber Zone 1 and Amber Zone 2 in the Woomera Prohibited Area for Financial Year 2024-2025.

 

The exclusion periods specified in the Determination are 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.

 

The purpose of this Amendment Determination is to amend the Determination to omit certain exclusion period dates for Amber Zone 2.

 

This Amendment Determination is a legislative instrument for the purposes of the Legislation Act 2003.

 

Details of this Amendment Determination are set out in Attachment A.

 

Impact Analysis

The Office of Impact Analysis has previously advised that no impact analysis is required for exclusion period determinations (OIA24-07360).

 

Consultation

Defence consulted on the general principles of exclusion 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 changes to 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 Determination.

 

Commencement

This Amendment Determination commences on the day it is signed.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights, prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, is set out at Attachment B.

 

 

 


Attachment A

 

Details of the Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2024-2025  Amendment Determination No.1

 

Section 1 - Name

 

Section 1 provides that the name of the legislative instrument is the Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2024-2025 Amendment Determination No.1 (the Amendment Determination).

 

Section 2 - Commencement

 

Section 2 provides that the Amendment Determination commences on the day it is signed.

 

Section 3 - Authority

 

Section 3 provides that the legislative authority for making the Amendment Determination is subsection 8(1) of the Woomera Prohibited Area Rule 2014.

 

Section 4 - Zones

 

Section 4 provides that the area described as Amber Zone 2 is set out in section 6 of the Woomera Prohibited Area Rule 2014.

 

Section 5 - Schedule

 

Section 5 provides for a Schedule to the Amendment Determination, to include amendments to the Determination.

 

Schedule 1 - Amendments

Schedule 1 specifies the amendments to the Determination. In particular, it outlines that certain dates are omitted from the exclusion period for Amber Zone 2.  

 

 

 

 


Attachment B

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 2024-2025 Amendment Determination No.1

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2024-2025 Amendment Determination No.1 (Amendment Determination) made under subsection 8(1) of 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 Determination

On 20 March 2024, the delegate, exercising the power of the Minister for Defence, made the Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2024-2025 (the Determination), pursuant to subsection 8(1) of the Woomera Prohibited Area Rule 2014. 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 2024-2025.

 

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2024-2025 Amendment No.1 amends the Determination by omitting certain exclusion periods for Amber Zone 2.

 

Human Rights Implications

The Amendment Determination is likely to engage the following human rights:

  • the freedom of movement in Article 12 of the International Covenant on Civil and Political Rights (ICCPR);
  • the right to work under Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR);
  • the right to the enjoyment of just and favourable conditions of work under Article 7 of ICESCR;
  • the right to enjoy and benefit from culture in Article 27 ICCPR; and
  • the right to take part in cultural life under Article 15 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 2024-2025 described how that Determination would likely impact the human rights listed above. In particular it noted that, certain limitations on freedom of movement, the right to work and the right to enjoy and benefit from culture in the WPA were reasonable, necessary and proportionate to achieving legitimate objectives.

The Amendment Determination will remove some of the existing limitations on permit holders’ access rights to the Woomera Prohibited Area. In particular, people with a permit to access Amber Zone 2 within the Woomera Prohibited Area will no longer be subject to exclusions and restrictions during the periods specified in the Amendment Determination. Accordingly, from a human rights perspective, the Amendment Determination will reduce the existing impact of the Determination.

Conclusion

The Determination was previously assessed to be compatible with international human rights, as, to the extent that it limited human rights, those limitations were reasonable, necessary and proportionate. The current Amendment Determination is also compatible with international human rights, as it reduces the existing impact of the Determination upon individual rights and freedoms.

 

 

 

 

 

 

 

 

 

 

Elizabeth O’Brien, 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 2024-2025 Amendment Determination No.1 was enacted to adjust the exclusion periods for permit holders in the Woomera Prohibited Area (WPA) for the financial year 2024-2025. This amendment was introduced to address the need for flexibility in the exclusion periods, thereby reducing the impact on individuals and businesses that require access to the WPA. The Determination is made under the authority of the Minister for Defence and was delegated to the Director of the Woomera Prohibited Area Coordination Office. The primary objective of this Amendment Determination is to alleviate the restrictions placed on permit holders by omitting certain exclusion periods for Amber Zone 2, thereby facilitating smoother operations within the WPA while maintaining necessary security protocols. This Amendment Determination aims to modify the previously established exclusion periods for Amber Zone 2, reflecting a policy decision to reduce the number of days permit holders are restricted from entering the area. By doing so, the amendment seeks to balance the need for controlled access to the WPA with the practical requirements of those who legitimately need to access the area for their work. This adjustment is expected to reduce the overall impact on affected parties, such as pastoralists, traditional owners, and miners, who were previously subject to more stringent exclusion periods. The amendment is in line with the Defence's ongoing efforts to ensure that the regulations governing the WPA are both effective and considerate of the needs of those who depend on access to the 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 2024-2025 Amendment Determination No.1 (Amendment Determination) is a legislative instrument made under the Defence Act 1903 and applies specifically to the Woomera Prohibited Area (WPA) in South Australia. This Amendment Determination, which amends the earlier exclusion periods set by the Woomera Prohibited Area Rule 2014, applies to permit holders who are granted access to the WPA, including those engaged in activities such as pastoralism, mining, and cultural practices. The purpose of the Amendment Determination is to modify the exclusion periods for Amber Zone 2, thereby reducing the duration during which permit holders are barred from entering this zone. This amendment is intended to lessen the impact on those directly affected by the exclusion periods. The Amendment Determination is effective from the date it is signed and operates within the Commonwealth jurisdiction, overseen by the Minister for Defence, with the power to determine exclusion periods delegated to the Director of the Woomera Prohibited Area Coordination Office. There are no stated exclusions within this Amendment Determination, but it is noted that the amendment is designed to reduce restrictions for permit holders, enhancing their access to Amber Zone 2.

Key Provisions

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2024-2025 Amendment Determination No.1 (Amendment Determination) sets out the exclusion periods for the Woomera Prohibited Area (WPA) for the financial year 2024-2025, and modifies certain exclusion periods for Amber Zone 2. This Amendment Determination is made under subsection 8(1) of the Woomera Prohibited Area Rule 2014 and is effective from the date it is signed. The primary purpose of this Amendment Determination is to remove specific exclusion period dates for Amber Zone 2, thereby reducing the restrictions on access to this zone for permit holders. The Amendment Determination specifies that certain dates are omitted from the exclusion period for Amber Zone 2, as detailed in Schedule 1. The obligations imposed by this Amendment Determination primarily concern permit holders who are granted access to the Woomera Prohibited Area. Permit holders must adhere to the exclusion periods outlined in the Determination and the Amendment Determination. These exclusion periods dictate the dates on which permit holders are not allowed to enter Amber Zone 1 and Amber Zone 2. By omitting certain exclusion period dates for Amber Zone 2, the Amendment Determination aims to reduce the restrictions and limitations on access for permit holders during the specified financial year. The Amendment Determination does not introduce new offences or penalties but rather modifies existing exclusion periods to lessen the impact on permit holders. The original Determination was assessed to be compatible with international human rights, as the limitations on freedom of movement, the right to work, and the right to enjoy and benefit from culture were deemed reasonable, necessary, and proportionate to achieving legitimate objectives. The current Amendment Determination maintains this compatibility by reducing the existing impact of the Determination on individual rights and freedoms. The Statement of Compatibility with Human Rights confirms that the Amendment Determination is consistent with the human rights and freedoms recognised in international instruments. Given the nature of this Amendment Determination, there are no additional civil or criminal consequences specified beyond those already outlined in the original Determination. The primary focus is on adjusting access restrictions to mitigate the impact on permit holders, ensuring that the amended exclusion periods still align with the legitimate objectives of the Woomera Prohibited Area Rule 2014. The Amendment Determination ensures that permit holders have a clearer understanding of when they are permitted to access Amber Zone 2, thus facilitating better compliance with the regulations governing the WPA.

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