Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]


DEFENCE (AREAS CONTROL) REGULATIONS (AMENDMENT) 1991 NO. 245

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 245

ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL

DEFENCE (AREAS CONTROL) REGULATIONS (AMENDMENT)

The Defence (Areas Control) Regulations ("the Regulations"), made under the Defence Act 1903 by Statutory Rules 1989 No. 337, restrict the heights of buildings and other objects in the vicinity of Defence airfields. These restrictions are necessary for safe aircraft operations, and the effective operation of radar installations and other air navigation aids, which require obstruction-free approaches to airfields. The Regulations confer powers in association with the restrictions (such as a right of entry on land). 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 etc which would otherwise infringe the restrictions.

The Senate Standing Committee on Regulations and ordinances (the Committee) expressed concern at certain provisions of the Regulations: the width of a provision requiring the furnishing of further information by owners; provisions that give rise to strict liability offences; the width of certain powers of entry; and a provision preventing multiple payments of compensation for the same interest in a property. (The concern with the compensation provision was that it might exclude a later legitimate claim where an earlier payment was made to someone who was, in effect, the wrong person.)

To meet the Committee's concerns, the Statutory Rule makes various amendments which provide additional safeguards for affected persons.

The Statutory Rule amends subregulation 8(2), which requires the furnishing of further information relating to an application for approval of a building, so that the provision is limited to such information as is reasonably required for proper consideration of an application.

The Statutory Rule also amends regulation 12 and subregulations 15(4) and (5), which prohibit certain activities and conduct, so that they do not give rise to strict liability offences. This is achieved by inserting "without reasonable excuse" and "wilfully" respectively in the provisions.

In addition, the Statutory Rule meets the Committee's concern over powers of entry by qualifying subregulations 15(1) and (2), which authorise entry on land for the purpose of ascertaining whether the Regulations are being complied with or taking specified action required for preventing a contravention of, or securing compliance with, the Regulations. New subregulation 15(3A) ensures that entry for the purposes of subregulations 15(1) and (2) requires a minimum of 7 days' prior notice to be given to persons believed to have an interest in the property (other than by way of a mortgage or other security). The notice must set out particulars of the intended exercise of power.

The Statutory Rule meets the Committee's concern over subregulation 17(12), the provision preventing multiple compensation payments for the same interest in land, by ensuring that it excludes payment to a later claimant only where an earlier payment has been made to a person actually holding (as distinct from merely claiming) an interest in the land.

The Statutory Rule also makes a minor drafting amendment to subregulation 13(1).

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


[Index] [Related Items] [Search] [Download] [Help]