EXPLANATORY STATEMENT
Issued by the delegate of the Minister for Defence
Defence Act 1903
Woomera Prohibited Area (Suspension of Standing Permission in the Woomera Prohibited Area for 12 June 2026 to 18 June 2026) Instrument 2026
Authority
The Woomera Prohibited Area (Suspension of Standing Permission in the Woomera Prohibited Area for 12 June 2026 to 18 June 2026) Instrument 2026 (the Instrument) is made under subsection 11(3) of the Woomera Prohibited Area Rule 2014 (Rule).
Subsection 11(3) of the Rule provides that the Minister may, by legislative instrument, suspend a standing permission to travel on certain access routes within the Woomera Prohibited Area (WPA), provided that the Minister is satisfied that it is necessary for the security of defence activities, or the safety of persons in the WPA. Under subsection 11(4) of the Rule, if the Minister suspends certain standing permissions, the Minister must set up access control points for certain access routes to prevent the use of that route, and take reasonable steps to inform people who may use the routes of the suspension.
Under subsection 63(2) of the Rule, the Minister may delegate the power to suspend standing permissions to an APS employee who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position, in the Department of Defence (Defence). On 12 September 2022, the Minister delegated this power by written instrument, to the Director of the Woomera Prohibited Area Coordination Office.
Purpose and Operation
Defence testing activities will take place in the WPA during the period between 12 June 2026 to 18 June 2026 inclusive. The Minister’s delegate is satisfied for the purposes of subsection 11(3) of the Rule, that it is necessary for the security of defence activities and the safety of persons in the WPA, to suspend standing permissions in parts of the access route on the Tarcoola to Darwin railway line and the Stuart Highway during this period. The scheduled operations may involve sensitive capabilities and activities that necessitate the suspension of standing permissions through controlled or restricted access to prevent unauthorised entry and risk to public safety of persons in the WPA. The suspension of standing permissions provides non-Defence users with greater certainty of restrictions on the access routes due to scheduled Defence activities, and therefore ensures the security of Defence activities and the protection and safety of persons in the WPA.
The purpose of the Instrument is to suspend standing permission to travel between certain points on the Tarcoola to Darwin railway line and the Stuart Highway during the specified period, while Defence testing activities are occurring in the WPA. Given the nature of these activities, the actual duration and extent of any suspension specified in the Determination may be subject to change which may result in the period of suspension progressing as promulgated, or its duration being reduced, or it being revoked.
Details of the instrument
Details of the suspension of standing permission are set out in Attachment A.
Background
In 2014, the Defence Legislation Amendment (Woomera Prohibited Area) Act 2014 amended the Defence Act 1903. These amendments gave effect to the recommendations made in the Final Report of the Review of the Woomera Prohibited Area, released on 3 May 2011.
The amendments empower the Minister to make, by legislative instrument, rules in relation to the WPA. Accordingly, on 25 August 2014, the Minister exercised this power and made the Rule. Relevantly, the Rule allows for standing permissions for certain access routes in the WPA meaning that persons may travel on these routes without being issued a permit. Under the Rule, the Minister may suspend a standing permission if the Minister is satisfied that it is necessary for the security of defence activities or the safety of persons in the WPA.
The legislative framework governing the WPA is predicated upon a coexistence model. It provides non-Defence users with greater certainty over Defence activity taking place within the WPA. It allows users to make commercial decisions with some assurance as to when they will be are unable to travel on access routes in the WPA.
Consultation
Defence consulted on the general principle of suspending standing permissions within the WPA as part of the drafting of the Rule. Through this process, the persons who are directly affected by the temporary suspension of access to key routes were given the opportunity to comment on the Minister's power to suspend standing permissions, including detailing the direct or indirect impact that this would have on them or their business.
The Rule contains a number of mechanisms to limit the potential impacts that suspended standing permissions have on affected persons, including setting up access control points, and taking reasonable steps to inform affected persons. Defence takes this further by also setting up closure points on the access route for the Tarcoola to Darwin railway line.
The duration of the suspended standing permissions is based on prospective Defence testing requirements. The actual duration, and extent of suspensions, may be subject to change. This may result in the suspension of standing permissions progressing as initially outlined in the instrument, or its duration being reduced, or revoked.
When a suspension period approaches and when the extent of any testing is known, Defence contacts people who will be directly affected, including pastoralists, traditional owners and mine operators. Defence will provide advanced notice to those directly affected by this Instrument prior to its commencement. Engagement with those affected persons will be conducted via email, and relevant updates will be published on Defence’s official website to provide broader public accessibility.
Additional consultation was not undertaken in relation to the making of this specific Instrument. Considering the comprehensive consultation that was previously conducted during the development of the Rule and the ongoing consultation that Defence has with affected users in relation to exclusion periods and suspension of standing permissions, it was not considered necessary to consult further. This Instrument operates within the framework established by the Rule, and does not introduce new impacts or changes that would warrant additional consultation.
Commencement
The instrument commences on the day after the instrument is registered on the Federal Register of Legislation.
Repeal
The instrument will be repealed on 19 June 2026.
Parliamentary scrutiny
The instrument is a legislative instrument for the purposes of the Legislation Act 2003.
The instrument is subject to disallowance under section 42 of the Legislation Act 2003.
A Statement of Compatibility with Human Rights has been prepared in accordance with subsection 9(2) of the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement provides that the instrument is compatible with human rights because it promotes the protection of human rights, and to the extent that it may limit human rights, those limitations are necessary, reasonable and proportionate. The Statement of Compatibility with Human Rights is set out at Attachment B.
Attachment A
Details of the Woomera Prohibited Area (Suspension of Standing Permission in the Woomera Prohibited Area for 12 June 2026 to 18 June 2026) Instrument 2026
Section 1 – Name
Section 1 provides that the name of the legislative instrument is the Woomera Prohibited Area (Suspension of Standing Permission in the Woomera Prohibited Area for
12 June 2026 to 18 June 2026) Instrument 2026 (the Instrument).
Section 2 – Commencement
Section 2 provides that the Instrument commences on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
Section 3 provides that the legislative authority for making the instrument is subsection 11(3) of the Woomera Prohibited Area Rule 2014 (the Rule).
Section 4 – Definitions
Section 4 sets out the meanings for key terms used throughout the Instrument.
Section 5 – Standing Permission
Section 5 suspends standing permissions in the Woomera Prohibited Area (WPA) on certain access routes for the period between 12 June 2026 and 18 June 2026.
Subsection 5(1) provides that, for the purposes of subsection 11(3) of the Rule, this section suspends standing permissions in the WPA for the period between 12 June 2026 and 18 June 2026.
Subsection 5(2) provides that the standing permission for the Tarcoola to Darwin railway line access route is suspended between the two closure points, as marked on the map in Schedule 1. These points are identified on the map as Rail North Closure Point at latitude -29.3854° S, longitude 134.5608° E and Rail South Closure Point at latitude -30.1829° S, longitude 134.5346° E. The closure points correspond to the railway terminals of the Tarcoola to Darwin railway line, the Robins Rise (Occupational Crossing) and the Carnes Siding (Mulgathing Road), respectively. The closure points and duration of the suspension are coordinated with the railway operator to ensure there is no public access to the rail access routes in the WPA.
Subsection 5(3) provides that the standing permission for the Stuart Highway access route is suspended between the two access control points, as marked on the map in Schedule 2. These points are identified on the map as Stuart Hwy North Access Control Point at latitude -29.72905 S, longitude 135.12276 E and Stuart Hwy South Access Control Point at latitude -30.74399 S, longitude 135.50275 E. The access control points are set up at the Northern and Southern ends of the Stuart Highway, at Ingomar Rest Stop and Parking Bay respectively. Operationally, physical traffic controls are set up at these access control points during the suspension period, including flashing electronic road signs and barricades staffed by traffic controllers to monitor vehicle movements at the access control points.
Under subsection 11(4) of the Rule, if the Minister suspends a standing permission, the Minister must set up access control points on the Stuart Highway access route to prevent use by persons who could otherwise do so under the permission, and take reasonable steps to inform such persons of the suspension. The two access control points for the Stuart Highway are marked on the map in Schedule 2.
There is no equivalent legislative requirement under subsection 11(4) for the Tarcoola to Darwin railway line access route, as railway operations are subject to centralised management and do not necessitate active traffic control measures. The Tarcoola to Darwin railway line access route does not involve unscheduled entry and it is not operationally practical to set up and staff barricades at the closure points.
The effect of this section is that non-Defence persons are prohibited from travelling on the Tarcoola to Darwin railway line access route between the two closure points, and the Stuart Highway access routes between the two access control points, for the period between 12 June 2026 and 18 June 2026.
Section 6 – Repeal
Section 6 provides that the instrument is repealed on 19 June 2026. This repeal date is immediately after the suspension of standing permissions set out in section 5 of the Instrument.
Schedule 1 – Map of the Tarcoola to Darwin Railway Line Access Route
Schedule 1 contains a map, which illustrates the two closure points on the Tarcoola to Darwin railway line access route. The two closure points are marked as Rail North Closure Point -29.3854° S, 134.5608° E and Rail South Closure Point -30.1829° S, 134.5346° E.
Schedule 2 – Map of the Stuart Highway Access Route
Schedule 2 contains a map, which illustrates the two access control points on the Stuart Highway access route. The two access control points are marked as Stuart Hwy North Access Control Point -29.72905 S, 135.12276 E and Stuart Hwy South Access Control Point-30.74399 S, 135.50275 E.
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 (Suspension of Standing Permission in the Woomera Prohibited Area for 12 June 2026 to 18 June 2026) Instrument 2026
The Disallowable Legislative Instrument 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 Disallowable Legislative Instrument
Subsection 11(1) of the Woomera Prohibited Area Rule 2014 (Rule) provides for standing permissions that permit travel on certain access routes in the Woomera Prohibited Area (WPA), subject to the condition that the person not deviate from the access route.
Subsection 11(3) of the Rule provides that the Minister may, by legislative instrument, suspend permission to travel on those specified access routes if the Minister is satisfied that it is necessary for the security of defence activities; or for the safety of persons in the WPA.
The Woomera Prohibited Area (Suspension of Standing Permission in the Woomera Prohibited Area for 12 June 2026 to 18 June 2026) Instrument 2026 (Disallowable Legislative Instrument), made under section 11(3) of the Rule, exercises the power of the Minister for Defence, through the delegate, to suspend the standing permission for travel on the Tarcoola to Darwin railway line and the Stuart Highway between certain points, for a specific time period.
To minimise the impact on human rights, the Disallowable Legislative Instrument limits the suspension of the standing permission to only apply between specific points on the access routes.
Human rights implications
The Disallowable Legislative Instrument engages 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.
Freedom of Movement
Article 12 of the ICCPR ensures the right to freedom of movement which includes the right for those who are lawfully within a country to move freely within that country.
The Disallowable Legislative Instrument specifies the period during which standing permission to travel on certain parts of the Stuart Highway access route in the WPA will be suspended. During this period, the WPA is used by Defence for testing activities relating to the defence of Australia, the conduct of which could endanger human life should people be in the zones while this activity is taking place. In these circumstances, freedom of movement will be limited for the duration of the period to ensure personal safety and the security of people due to defence activities taking place within the WPA.
Any limitation on freedom of movement is considered reasonable, proportionate and necessary in these circumstances to maintain the security of defence activities and protect personal safety. The suspension of standing permission to travel on certain parts of the Stuart Highway in the WPA will prevent the movement of people through an area when Defence is undertaking its testing activities. This will allow the activity to be conducted in a safe and secure manner and at the end of the period, a person may safely resume travelling along the Stuart Highway access route through the WPA.
In addition to written notice, the Woomera Prohibited Area Coordination Office informs stakeholders of the suspension of permission on its website before they come into effect, along with notices in newspapers and signage established along these routes.
The above mechanisms ensure the limitation on the right to freedom of movement is reasonable, proportionate and necessary in these circumstances.
The right to work and the right to just and favourable working conditions
The right to work is protected in Article 6 of the ICESCR while Article 7 recognises the right to just and favourable conditions of work including a right to safe and healthy working conditions.
The suspension of standing permission to travel on certain access routes under section 11 of the Rule by the Minister may limit access to parts of the WPA during the specified period. This may prevent persons from being able to work and prevent a body corporate from conducting its business activities in, or through, the WPA in addition to people and freight transiting through the area.
As noted above, during the period specified in the Disallowable Legislative Instrument, the WPA is used by Defence for testing activities relating to the defence of Australia, the conduct of which could endanger human life should a person be travelling on an access route during the period. In these circumstances, the right to work will be limited for the duration of the suspension to ensure personal safety and the security of defence activities.
Any limitations on the right to work and the right to just and favourable working conditions are considered reasonable, proportionate and necessary to ensure the security of defence activities and protect personal safety. This limitation will achieve this objective by allowing Defence to undertake its testing activities and ensuring that people will not be put in danger as a result of travelling on access routes during the specified period. This includes preventing people from using the Tarcoola to Darwin railway line and the Stuart Highway where there is a potential safety hazard caused by the testing of war materiel.
To ensure that the limitations on the right to work are reasonable and proportionate, the limits on travel are only for the period specified and between the points on the access routes specified in the Disallowable Legislative Instrument.
The right to enjoy and benefit from culture and the right to take part in cultural life
Article 27 of the ICCPR protects the rights of all people to enjoy and benefit from culture, while Article 15 of the ICESCR protects the right to take part in cultural life.
For First Nations people, enjoying and benefiting from culture and taking part in cultural life may include traditional, social and economic activities such as fishing or hunting and the right to live on traditional lands. The suspension of standing permission to use access routes in the WPA may limit First Nations people’s cultural rights, including the traditional use of land in the relevant zones for hunting, food gathering and ceremonial or religious purposes. The reason for limiting travel along the Tarcoola to Darwin railway line and the Stuart Highway is to allow Defence to undertake Defence testing activities, the conduct of which could endanger human life should people be travelling along these access routes while this activity is taking place.
The limitation on these rights is reasonable, proportionate and necessary to maintain the security of defence activities and ensure the safety of people who have access to these access routes. Once the suspension on travel on these access routes has ended, First Nations people are able to again access that part of the WPA and enjoy and take part in cultural life as recognised in the ICCPR and ICESCR.
Conclusion
The Disallowable Legislative Instrument is compatible with the international human rights instruments to which Australia is a signatory. While recognising that freedom of movement, the right to work and the right to enjoy and benefit from culture may be limited, these limitations are reasonable, necessary and proportionate to achieving legitimate objectives.