Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE (AREAS CONTROL) REGULATIONS (AMENDMENT) 1994 NO. 26

STATUTORY RULES 1994 No. 26

ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE

DEFENCE ACT 1903

DEFENCE (AREAS CONTROL) REGULATIONS (AMENDMENT)

Background

The Defence (Areas Control) Regulations ("the Regulations"), made under the Defence Act 1903, enable restrictions to be placed on the heights of buildings and other objects in the vicinity of Defence airfields. These restrictions are necessary for safe aircraft operations, and for the effective operation of' radar installations and other air navigation aids, which require obstruct ion- free approaches to airfields.

The Regulations confer powers in association with the restrictions (such as a right of entry on land). Notice to land owners affected by the Regulations is required, and provision is made for compensation to the owners of interests in land where the value of those interests is diminished by reason of the land becoming affected by the restrictions. Provision is also made for the approval of buildings and structures that would otherwise infringe the restrictions.

The Administrative Appeals Tribunal is empowered to review decisions or directions made or given under the Regulations.

The Regulations applied initially to the Defence airfield at Nowra in New South Wales, which was used as a pilot project pending extension of the Regulations progressively to other Defence airfields. The next step is extension of the Regulations to cover the Royal Australian Air Force ("RAAF") Base Learmonth in Western Australia.

Changes

The Statutory Rule applies the Regulations to the RAAF Base Learmonth. This is achieved by adding to the Regulations a new Schedule 7, which contains 9 plans identifying the areas affected, and by amending regulations 3 to 7, which prescribe the height restrictions by reference to Schedules. Consequential amendments are also made to Schedules 1 to 5 of the Regulations, which contain the key to the hachurings used in Schedule 6, covering Nowra, and Schedule 7, covering Learmonth.

The effect of these amendments is to establish the same range of height restrictions at Learmonth as at Nowra. Depending on operational requirements in each area delineated by the plans contained in Schedule 7, approval may be required for any building, buildings higher than 7.5 metres, buildings higher than 15 metres, buildings higher than 45 metres or buildings higher than 90 metres.

The Statutory Rule also makes a minor change to the delegation provision to reflect the change in the classification of Australian Public Service officers, from Administrative Service Officer Class 8 to Senior Officer Grade A.

Consultation

As part of the arrangements for the extension of the Regulations to Learmonth, there was consultation with the relevant State and Local Government authorities and with members of the public. This is in addition to the requirement for public notification which will be undertaken now the amendments are approved.

Commencement

The Statutory Rule comes into operation on the date of gazettal.