Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE (AREAS CONTROL) REGULATIONS (AMENDMENT) 1995 NO. 114

STATUTORY RULES 1995 No. 114

Issued by the Authority of the Minister for Defence

Defence Act 1903

Defence (Areas Control) Regulations (Amendment)

Background

The Defence (Areas Control) Regulations (the Principal 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 obstruction-free approaches to airfields.

The Principal 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 Principal Regulations.

Previously, the Principal Regulations applied to the Defence airfields at Nowra in New South Wales, Learmonth in Western Australia, Edinburgh in South Australia and Scherger in Queensland. The Principal Regulations are now amended to cover Royal Australian Air Force (RAAF) Base Pearce and Gingin Airfield in Western Australia.

Chances

The Regulations amend the Principal Regulations to cover RAAF Base Pearce and Gingin Airfield. This is achieved by adding to the Principal Regulations a new Schedule 10, which contains 23 plans identifying the areas affected. Consequential amendments are also made to Schedules 1 to 5 of the Principal Regulations, which contain the key to the hachurings used in Schedule 10, covering Pearce and Gingin.

The effect of these amendments is to establish the same range of height restrictions at Pearce and Gingin as at Nowra, Learmonth, Edinburgh and Scherger. Depending on operational requirements in each area delineated by the plans contained in Schedule 10, 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.

Consultation

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

Commencement

The Regulations came into operation on the date of gazettal.