DEFENCE (AREAS CONTROL) REGULATIONS (AMENDMENT) 1994 NO. 321

DEFENCE (AREAS CONTROL) REGULATIONS (AMENDMENT) 1994 NO. 321

STATUTORY RULES 1994 No. 321

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 and Edinburgh in South Australia. The Principal Regulations will now be amended to cover Royal Australian Air Force (RAAF) Base Scherger in Queensland, located 26km east of Weipa on Cape York Peninsula.

Changes

The Regulations amend the Principal Regulations to cover RAAF Base Scherger. This is achieved by adding to the Principal Regulations a new Schedule 9, which contains 4 plans identifying the areas affected. Consequential amendments are also made to Schedules 1, 4 and 5 of the Principal Regulations, which contain the key to the hachurings used in Schedule 9, covering Scherger.

The effect of these amendments is to establish the same range of height restrictions at Scherger as at Nowra, Learmonth and Edinburgh. Depending on operational requirements in each area delineated by the plans contained in Schedule 9, approval may be required for any building, 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 Scherger, 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 come into operation on the date of gazettal.