Defence Practice Areas Amendment (Evans Head) Declaration 2014 (No. 2)

I, David Johnston, Minister for Defence, make the following declaration.

Dated 25 November 2014

[Signed by]

David Johnston

Minister for Defence

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Declaration of Defence Practice Areas made on 17 October 1994 under subregulation 49(1) of the Defence Force Regulations 1952 and published in Gazette No. GN 46 on 23 November 1994, as amended

1  Name

  This is the Defence Practice Areas Amendment (Evans Head) Declaration 2014 (No. 2).

2  Commencement

  This instrument commences on the day it is published in the Gazette.

3  Authority

  This instrument is made under subregulation 49(1) of the Defence Force Regulations 1952 on the basis set out in paragraph 49(2)(b) and subregulation 49(3) of those Regulations.

Note 1: Paragraph 49(2)(b) and subregulation 49(3) of the Defence Force Regulations 1952 provide that an area of private land, or an area of sea or air, must not be declared to be a defence practice area under subregulation 49(1) of those Regulations unless it is necessary or expedient in the interests of the safety or defence of the Commonwealth to carry out on that area of land, or in that area of sea or air, a defence operation or practice of a kind specified in the declaration.

Note 2: The non‑extinguishment principle (within the meaning of the Native Title Act 1993) applies to the making of this instrument. See:

(a) paragraph 24MD(3)(a) of that Act to the extent that the making of this instrument relates to an onshore place (within the meaning of that Act); and

(b) subsection 24NA(4) of that Act to the extent that the making of this instrument relates to an offshore place (within the meaning of that Act).

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Declaration of Defence Practice Areas made on 17 October 1994 under subregulation 49(1) of the Defence Force Regulations 1952 and published in Gazette No. GN 46 on 23 November 1994, as amended

Note: The principal declaration was amended by the Defence Practice Areas Amendment (Evans Head) Declaration 2014 published in the Gazette on 18 November 2014 (see C2014G01887).

1  Schedule (table item 8, column headed “Description of area”, paragraph 8B(e))

Repeal the paragraph, substitute: