Commonwealth Numbered Regulations - Explanatory Statements

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CONTROL OF DEFENCE AREAS REGULATIONS (REPEAL) 1995 NO. 113

STATUTORY RULES 1995 No. 113

Issued by the Authority of the Minister for Defence

Defence Act 1903

Control of Defence Areas Regulations (Repeal)

Background

The Control of Defence Areas Regulations (the Principal Regulations) made under the Defence Act 1903, provided the framework of a scheme (now obsolete) for the declaration of defence areas in which the construction of buildings was controlled or prohibited. Many of the airfields that were covered no longer exist, and the Principal Regulations did not cover most of the current Defence airfields. The Principal Regulations dated from before World War II and had no practical application, as they had been obsolete for many years.

The Principal Regulations had been superseded by a new scheme for controlling the heights of buildings near defence airfields. That scheme is being implemented by the progressive extension of the Defence (Areas Control) Regulations to areas of land near the airfields. The Defence (Areas Control) Regulations are also made under the Defence Act 1903.

The repeal of the Principal Regulations was considered some years ago, before the first application of the Defence (Areas Control) Regulations (to Nowra Airfield in New South Wales), but was postponed because the administrative arrangements for the Defence (Areas Control) Regulations scheme were then not fully in place. Subsequently, the Principal Regulations were clearly replaced by the progressive extension of the Defence (Areas Control) Regulations, and needed to be repealed.

Changes

The Regulations repeal the Principal Regulations.

Commencement

The Regulations came into operation on the date of gazettal.