Commonwealth of Australia Explanatory Memoranda

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DEFENCE LEGISLATION AMENDMENT (WOOMERA PROHIBITED AREA) BILL 2014

                                  2013-2014
                                       
                                       
                                       
                                       
               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
                                       
                                       
                                       
                                       
                                       
                                   SENATE
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
      DEFENCE LEGISLATION AMENDMENT (WOOMERA PROHIBITED AREA) BILL 2014

 

                                       
                                       
                    SUPPLEMENTARY EXPLANATORY MEMORANDUM
                                       

                                       


             Amendments to be moved on behalf of the Government 
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                     (Circulated by the authority of the
            Minister for Defence, Senator the Hon David Johnston)
DEFENCE LEGISLATION AMENDMENT (WOOMERA PROHIBITED AREA) BILL 2014

GENERAL OUTLINE

The Defence Legislation Amendment (Woomera Prohibited Area) Bill 2014 was
introduced in the Senate in 27 March 2014.  The Bill was referred to the
Senate Foreign Affairs, Defence and Trade Legislation Committee (the
Committee) for inquiry and report.

The Government of South Australia raised concerns, in its submission to the
Committee and in the course of consultation, that the Bill amendments to
regulation 36 of the Defence Force Regulations 1952 will limit individual's
ability to claim compensation for loss or damage caused by Defence testing
in the Woomera Prohibited Area.

The Committee report tabled on 13 May 2014 acknowledged the concerns
expressed by the SA Government and noted that the Bill amendment regulation
36 'appears limited compared to the existing regulation 36 which provides a
broader scope of compensation to those persons who 'suffer loss or damage'
as a result of the use of regulation 34 and 35'.


The Committee recommended that Schedule 1, Part 2, Item 5 of the Bill be
removed from the Bill or amended to maintain existing rights to
compensation under regulation 36 of the Defence Force Regulations 1952.


This amendment addresses the Committee's recommendation and confirms that
compensation will be available in the event that loss or damage is caused
by Defence testing, or where there is an acquisition of property.


FINANCIAL IMPACT STATEMENT

This Bill creates a system for the administration of access to the Woomera
Prohibited Area (WPA) including a permit system for the different types of
non-Defence users of the WPA.  It is anticipated that there will be
increased non-Defence access to the WPA as a result of the introduction of
new access arrangements which will require increased management and
coordination by Defence.

The Bill provides that the Woomera Prohibited Area Rules may provide for
the introduction of a cost recovery model, at some point in the future, to
recover the expenses Defence incurs in managing non-Defence access to the
WPA.
 
The estimated $5.0 million annual costs associated with the new
administrative arrangements required through implementing these amendments
to enable access to the WPA will continue to be met from within the
existing appropriation to the Department of Defence.

DEFENCE LEGISLATION AMENDMENT (WOOMERA PROHIBITED AREA) BILL 2014

NOTES ON AMENDMENT

1.    The amendment will retain regulation 36 of the Defence Force
    Regulations 1952 in its current form.  This regulation provides an
    entitlement to compensation where:

    a. a person with a legal or equitable interest in any land or water
       suffers loss or damage as a result of defence testing, pursuant to
       regulation 34; or


    b. a person ordinarily resident in a prohibited area suffers loss or
       damage as a result of the operation of regulation 35.

2.    In addition the amendment will insert regulation 36A which will
    ensure that any person whose property is acquired by the operation of
    regulation 34 or 35 of the Defence Force Regulations 1952 will be
    entitled to just terms compensation.

3.    In the event that the Commonwealth and a person cannot agree on the
    amount of compensation, a person may institute proceedings in the
    Federal Court of Australia or other court of competent jurisdiction for
    the recovery of a compensation amount determined by the court.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011

Defence Legislation Amendment (Woomera Prohibited Area) Bill 2014


This amendment to the Bill 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 Bill/Legislative Instrument

The amendment will retain regulation 36 of the Defence Force Regulations
1952 in its current form.  Regulation 36 provides an entitlement to
compensation where:

    a. a person with a legal or equitable interest in a prohibited area
       suffers loss or damage as a result of defence testing; or


    b. a person ordinarily resident in a prohibited area suffers loss or
       damage as a result of the declaration the area as a prohibited area.

The amendment will insert regulation 36A which will ensure that any person
whose property is acquired by the operation of regulation 34 or 35 of the
Defence Force Regulations 1952 will be entitled to just terms compensation.


Human rights implications


This amendment does not limit any of the applicable rights or freedoms.


Conclusion


This amendment to the Bill is compatible with human rights as it does not
limit any human rights issues.




David Johnston
Minister for Defence