Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE (AREAS CONTROL) REGULATIONS (AMENDMENT) 1995 NO. 262

STATUTORY RULES 1995 No. 262

Issued by the Authority of the Minister for Defence

Defence Act 1903

Defence (Areas Control) Regulations (Amendment)

The Defence (Areas Control) Regulations (the Principal Regulations), made under 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 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 proposed Regulations amending the Principal 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 and Pearce/Gingin in Western Australia, Edinburgh in South Australia and Scherger in Queensland. The Statutory Rule amends the Principal. Regulations to cover Royal Australian Air Force (RAAF) Base Tindal in the Northern Territory.

The Statutory Rule applies the Principal Regulations to RAAF Base Tindal by adding to the Principal Regulations a new Schedule 11, which contains 11 plans identifying the areas affected. Consequential amendments are also made to Schedules 1, 3, 4 and 5 of the Principal Regulations, which contain the key to the hachurings used in Schedule 11, covering Tindal.

The effect of the amendments made by the Statutory Rule is to establish the same range of height restrictions at Tindal as at the other prescribed airfields. Depending on operational requirements in each area delineated by the plans contained in Schedule 11, approval may be required for any building, buildings higher than 15 metres, buildings higher than 45 metres or buildings higher than 90 metres.

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

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