Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE (AREAS CONTROL) AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 314

STATUTORY RULES 2000 No. 314

Issued by the Authority of the Minister for Defence

Defence Act 1903

Defence (Areas Control) Amendment Regulations 2000 (No. 1)

The Defence (Areas Control) Regulations ("the Principal Regulations"), made under the Defence Act 1903 ("the Act"), 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 effective operation of radar installations and other air navigation aids, which require obstruction-free approaches to airfields.

The Principal Regulations confer powers in association with the restrictions (such as a right of entry on land). Notice must be given to owners whose land becomes subject to the Principal Regulations, 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 Principal Regulations.

Previously, the Principal Regulations applied to the Defence airfields at Nowra in New South Wales, Learmouth and Pearce/Gingin in Western Australia, Edinburgh in South Australia, Scherger and Oakey in Queensland, Tindal and Darwin in the Northern Territory, and East Sale in Victoria.

The Statutory Rule applies the Principal Regulations to the Remote Instrument Landing System/Tactical Air Navigation Site (ILS/TACAN) Site Beermullah, in Western Australia and the Royal Australian Air Force Base Townsville in Queensland by adding to the Principal Regulations new Schedules 15 and 16. Schedule 15 contains 15 plans identifying the areas affected around the Remote ILS/TACAN Site Beennullah. Schedule 16 contains 29 plans identifying the areas affected around RAAF Base Townsville. Consequential amendments are also made to Schedules 1, 2, 3, 4 and 5 of the Principal Regulations, which contain the key to the hachurings used in Schedules 15 and 16 covering Beennullah and Townsville respectively.

The effect of the amendments made by the Statutory Rule is to establish the same range of height restrictions at Beermullah and Townsville as at the other prescribed airfields. Depending on operational requirements in each area delineated by the plans contained in Schedules 15 and 16, 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.

Regulation 16 of the Principal Regulations outlines the public notification requirements for affected land. As part of the arrangements for the amendment of the Principal Regulations to cover Beermullah and Townsville, there was consultation with the relevant Queensland, West Australian and Local Government authorities. This consultation is in addition to the public notification requirements under Regulation 16, which will be undertaken now the amendments are approved.

The Statutory Rule commences on gazettal.