Woomera Prohibited Area Rule 2014 Repeal of Suspension of Standing Permission to Travel on the Olympic Dam Highway for the period 15 February to 26 February 2021

Administered by Department of Defence

Legislation au F2021L00119 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 Repeal of Suspension of Standing Permission to Travel on the Olympic Dam Highway for the period 15 February to 26 February 2021

 

Purpose

 

The purpose of this Instrument is to repeal the Suspension of Standing Permission to Travel on the Olympic Dam Highway for the period 15 February to 26 February 2021 dated 5 February 2021.

 

Subsection 11(3) of the Woomera Prohibited Area Rule 2014 provides that the Minister for Defence may, by legislative instrument, suspend standing permission to use certain roads and railways if the Minister is satisfied that it is necessary for:

 

(a) the security of defence activities; or

(b) the safety of persons in the Woomera Prohibited Area.

 

The Minister has delegated the power to suspend permission for travel on the access routes in subsection 11(1) of the Woomera Prohibited Area Rule 2014 within the Woomera Prohibited Area (WPA).

 

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.

 

In this regard, the Suspension of Standing Permission to Travel on the Olympic Dam Highway for the period 15 February to 26 February 2021 dated 5 February 2021 was made to enable Defence to undertake certain activities. Due to a change to those activities, that suspension is no longer required and is repealed by this Instrument.

 

 

Woomera Prohibited Area Rule 2014 Repeal of Suspension of Standing Permission to Travel on the Olympic Dam Highway for the period 15 February to 26 February 2021

 

Details of the Instrument are set out in Attachment 1.

 

Consultation

 

Consultation was not undertaken in relation to this instrument. Defence provides notice of upcoming suspensions of standing permission to those people who hold a permit under the Woomera Prohibited Area Rule 2014 and the public via Defence’s website and signage which is placed along public access routes to the WPA indicating when they are to be subject to closure. Public notices are also published in local newspapers and South Australian Government agencies responsible for roads, transport and policing are advised.

 

Defence provides notice of the duration of testing, as well as limitations and restrictions on travel along access routes and when it is safe to access these areas upon completion of an activity.

 

Commencement

 

This repeal 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 Repeal of Suspension of Standing Permission to Travel on the Olympic Dam Highway for the period 15 February to 26 February 2021

 

Pursuant to subsection 11(3) of the Woomera Prohibited Area Rule 2014, the delegate of the Minister for Defence suspended the standing permission to travel on the identified parts of the Olympic Dam Highway at certain times via the legislative instrument: Suspension of Standing Permission to Travel on the Olympic Dam Highway for the period 15 February to 26 February 2021 dated 5 February 2021 (the “Instrument of Suspension”).

 

The Instrument of Suspension was made on the basis that certain Defence activities meant it was necessary for the security of defence activities and the safety of persons in the Woomera Prohibited Area to suspend the standing permission to travel on the Olympic Dam Highway. However, due to a change to those activities, the suspension is no longer required. This instrument will therefore repeal the Instrument of Suspension.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Woomera Prohibited Area Rule 2014 Repeal of Suspension of Standing Permission to Travel on the Olympic Dam Highway for the period 15 February to 26 February 2021

This repeal of the Suspension of Standing Permission to Travel on the Olympic Dam Highway for the period 15 February to 26 February 2021 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 Instrument

The repeal of the Suspension of Standing Permission to Travel on the Olympic Dam Highway for the period 15 February to 26 February 2021 under the Woomera Prohibited Area Rule 2014 made under subsection 11(3) of the Woomera Prohibited Area Rule 2014 exercised the power of the Minister for Defence by the delegate to suspend the standing permission to travel on the Olympic Dam Highway.

 

This Instrument repeals the Instrument dated 5 February so that the standing permission to travel on the Olympic Dam Highway will not be suspended.

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 Suspension of Standing Permission to Travel on the Olympic Dam Highway for the period 15 February to 26 February 2021 described how that Legislative Instrument would likely have limited the above human rights. By repealing that Legislative Instrument, this Legislative Instrument positively affects those rights by removing the application of those limitations.

 

 

Conclusion

This Legislative Instrument is compatible with human rights as it promotes the protection of human rights by repealing a Legislative Instrument that would have limited human rights.  

John Anderson, Director Woomera Prohibited Area Coordination Office

Overview

The Woomera Prohibited Area Rule 2014 Repeal of Suspension of Standing Permission to Travel on the Olympic Dam Highway for the period 15 February to 26 February 2021 was enacted in 2021 to address a specific need arising from the suspension of standing permission to travel on certain parts of the Olympic Dam Highway for defence activities. This instrument was introduced by the Minister for Defence, exercising powers under subsection 11(3) of the Woomera Prohibited Area Rule 2014 to ensure the security of defence activities and the safety of persons in the Woomera Prohibited Area. The initial suspension was implemented to facilitate defence activities, but due to changes in those activities, the need for the suspension was no longer necessary, leading to its repeal. This repeal ensures that the standing permission to travel on the Olympic Dam Highway is no longer suspended, thereby positively impacting the freedom of movement and other human rights as outlined in the Statement of Compatibility with Human Rights. This legislative instrument was issued without public consultation, as Defence already has established procedures for notifying permit holders and the public of upcoming suspensions via Defence’s website, signage along public access routes, local newspapers, and South Australian Government agencies responsible for roads, transport, and policing. The repeal of the suspension was deemed compatible with human rights, particularly in relation to freedom of movement and the right to work, by removing the limitations previously imposed by the suspended permission. The repeal instrument aims to protect human rights by eliminating unnecessary restrictions on travel, thereby facilitating smoother movement and continued access to the Olympic Dam Highway.

Scope and Application

The Woomera Prohibited Area Rule 2014 Repeal of Suspension of Standing Permission to Travel on the Olympic Dam Highway for the period 15 February to 26 February 2021 is a legislative instrument that serves to repeal a previous suspension of standing permission to travel on the Olympic Dam Highway within the Woomera Prohibited Area. This repeal applies to any individuals or entities that may have been affected by the original suspension, primarily those with a permit under the Woomera Prohibited Area Rule 2014 or the general public who might use the Olympic Dam Highway. The repeal is focused on ensuring that the suspension, which was put in place to safeguard defence activities and ensure the safety of persons within the Woomera Prohibited Area, is no longer necessary due to changes in those activities. This repeal effectively removes the restrictions previously imposed on travel on the Olympic Dam Highway for the specified period. The repeal is intended to be applied within the jurisdictional scope of the Woomera Prohibited Area as defined by the Woomera Prohibited Area Rule 2014, ensuring that the regulations specific to this area are adhered to and updated as necessary to accommodate changes in Defence activities. There are no stated exclusions or thresholds in this repeal; however, the suspension's original conditions and any related permissions or restrictions remain in effect unless otherwise amended or repealed by subsequent legislative instruments.

Key Provisions

This legislation, the Woomera Prohibited Area Rule 2014 Repeal of Suspension of Standing Permission to Travel on the Olympic Dam Highway for the period 15 February to 26 February 2021, repeals a previous suspension of standing permission to travel on the Olympic Dam Highway, which had been in place from 15 February to 26 February 2021. The initial suspension was made under the authority granted by subsection 11(3) of the Woomera Prohibited Area Rule 2014, which allows the Minister for Defence to suspend standing permission for travel on certain roads and railways if necessary for defence security or the safety of persons in the Woomera Prohibited Area (WPA). The suspension was enacted to facilitate specific Defence activities, but due to changes in these activities, the suspension is no longer required (subsection 11(3)). The Act imposes obligations on Defence to ensure the security of defence activities and the safety of persons within the WPA. This includes the responsibility to provide timely and clear notice to permit holders, the public, and relevant authorities when suspensions are implemented. Such notices are typically given through Defence’s website, signage along public access routes, local newspapers, and notifications to South Australian Government agencies responsible for roads, transport, and policing (subsection 13(1)(a) of the Legislation Act 2003). Defence must also communicate the duration of any testing activities, any limitations or restrictions on travel, and when it is safe to access these areas post-activity (subsection 13(1)(a) of the Legislation Act 2003). Breaching the provisions of this Act could lead to various consequences. While the Act itself does not specify particular offences or penalties, any failure to comply with the obligations to provide timely notice or to manage access to the WPA in a manner that ensures security and safety could potentially result in legal actions under related laws. The repeal of the suspension means that standing permission to travel on the Olympic Dam Highway is no longer limited, thereby removing previous restrictions that might have impacted the freedoms and rights of individuals, such as the freedom of movement or the right to work, as outlined in the Statement of Compatibility with Human Rights under the Human Rights (Parliamentary Scrutiny) Act 2011.

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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.