{"id":"F2019L00103","name":"Control of Naval Waters (Henderson and Osborne) Proclamation 2019","slug":"control-of-naval-waters-henderson-and-osborne-proclamation-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439917,"registerId":"F2019L00103-fast-fetch-1775955754401","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Control of Naval Waters (Henderson and Osborne) Proclamation 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nControl of Naval Waters (Henderson and Osborne) Proclamation 2019\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Proclamation.\n\nSigned and Sealed with the\n\nGreat Seal of Australia on\n\n7 February 2019\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nChristopher Pyne\n\nMinister for Defence\n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Declaration of naval waters—Henderson\n\n6 Declaration of naval waters—Osborne\n\n \n\n1 Name\n\n This instrument is the Control of Naval Waters (Henderson and Osborne) Proclamation 2019.\n\n2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 9 February 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3 Authority\n\n This instrument is made under section 3B of the Control of Naval Waters Act 1918.\n\n4 Definitions\n\n In this instrument:\n\nAct means the Control of Naval Waters Act 1918.\n\nMean Higher High Water has the same meaning as in the Australian Hydrographic Office Tidal Glossary, as existing at the time this instrument commences.\n\nNote: In 2019, the text of the Australian Hydrographic Office Tidal Glossary could be viewed on the Australian Hydrographic Office’s website (http://www.hydro.gov.au).\n\n5 Declaration of naval waters—Henderson\n\n It is declared that the waters specified in column 2 of the following table, and further explained in the map titled “Henderson Australian Marine Complex”, that are within the distance specified in paragraph 3B(1)(a) of the Act from the installation, being the shipbuilding facilities at Australian Marine Complex Henderson, Western Australia, are naval waters for the purposes of the Act.\n\n \n\n| Item | Column 1
Installation | Column 2
Waters
Referenced to the World Geodetic System (WGS 84) For the purpose of this description the term high water line (HWL) means the Mean Higher High Water |\n| --- | --- | --- |\n| 1 | Australian Marine Complex shipbuilding facilities at Henderson, Western Australia | All those waters within an area commencing at a point on the HWL nearest to Point 1.
Point 1—32°09′02.52″S, 115°45′41.76″E
Point 2—32°09′03.90″S, 115°45′36.60″E
Then generally south along the HWL to a point on the HWL nearest to Point 3.
Point 3—32°09′43.02″S, 115°45′37.38″E
Point 4—32°10′05.95″S, 115°45′45.52″E
Then to a point on the HWL nearest to Point 5.
Point 5—32°10′01.61″S, 115°46′02.42″E
Then generally north along the HWL to a point on the HWL nearest to Point 1. |\n\n\n\n\n6 Declaration of naval waters—Osborne\n\n It is declared that the waters specified in column 2 of the following table, and further explained in the map titled “Osborne Techport Common User Facility”, that are within the distance specified in paragraph 3B(1)(a) of the Act from the installation, being the Techport Common User Facility shipbuilding facilities at Osborne, South Australia, are naval waters for the purposes of the Act.\n\n \n\n| Item | Column 1
Installation | Column 2
Waters
Referenced to the World Geodetic System (WGS 84) For the purpose of this description the term high water line (HWL) means the Mean Higher High Water |\n| --- | --- | --- |\n| 1 | Techport Common User Facility shipbuilding facilities at Osborne, South Australia | All those waters within an area commencing at a point on the HWL nearest to Point 1.
Point 1—34°46′52.08″S, 138°30′47.81″E
Point 2—34°46′52.96″S, 138°30′53.18″E
Point 3—34°47′29.23″S, 138°30′44.39″E
Then to a point on the HWL nearest to Point 4.
Point 4—34°47′28.14″S, 138°30′38.48″E
Then generally north along the HWL to a point on the HWL nearest to Point 1. |\n\n\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This proclamation applies the existing power conferred by section 3B of the Control of Naval Waters Act 1918 to designate specific geographic areas (Henderson and Osborne) as naval waters (see s3, s5, s6). It does not amend the Act or alter its statutory powers; it only changes which particular waters fall within the Act’s control."},"complexity_factors":["Technical geographic detail (s5, s6): precise WGS84 co‑ordinates and a High Water Line (HWL) trace increase mapping and enforcement complexity.","External definition dependency (s4): 'Mean Higher High Water' is defined by the Australian Hydrographic Office Tidal Glossary as at commencement, requiring cross‑reference to an external source to fix boundaries.","Legal cross‑reference to enabling power (s3): the instrument is made under s3B of the Control of Naval Waters Act 1918, so legal effect and enforcement depend on reading that Act.","Reliance on maps not fully replicated in text (s5, s6): enforcement and precise perimeter identification require the referenced maps (Henderson Australian Marine Complex; Osborne Techport).","Commencement mechanics (s2): the instrument’s operative date is set by the registration/commencement table, which matters for transitional compliance timing.","Narrow scope but operational consequences (s5, s6): the instrument itself is short, but its real‑world impact depends on administrative enforcement and permit regimes under the Act."],"plain_english_summary":"Declares areas of water around two shipbuilding sites (Australian Marine Complex, Henderson WA; Techport, Osborne SA) to be “naval waters” under the Control of Naval Waters Act 1918. That gives Defence legal control of access and activity in those zones, affecting vessel operators, contractors and port users who may face access restrictions, permitting requirements and compliance costs. The Governor‑General made the proclamation under section 3B; Defence or authorised officers will decide and enforce access."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: declaring specific waters as 'naval waters' under the 1918 Act. It does exactly what the enabling legislation (section 3B of the Control of Naval Waters Act 1918) authorises — designating waters adjacent to specified defence installations. There is no scope creep or expansion beyond the straightforward geographical declarations."},"complexity_factors":["Very short instrument (6 sections, approximately 2 pages)","Only 2 defined terms in section 4 ('Act' and 'Mean Higher High Water')","Simple declarative structure — essentially two tables with GPS coordinates","No conditional logic, exceptions, or nested provisions","Single cross-reference to section 3B(1)(a) of the parent Act","Geographic descriptions are technical but straightforward (boundary descriptions using WGS 84 coordinate system)"],"plain_english_summary":"This Proclamation declares waters around the Australian Marine Complex (Henderson, WA) and Techport (Osborne, SA) \"naval waters\" under the Control of Naval Waters Act 1918, using precise GPS boundaries tied to the Mean Higher High Water line.\n\nThat designation gives Defence expanded powers to restrict access, direct vessels, and enforce security around shipbuilding facilities supporting Australia’s submarine and surface fleet programs, affecting commercial, recreational, and working vessels operating there."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/control-of-naval-waters-henderson-and-osborne-proclamation-2019","history":"/api/acts/control-of-naval-waters-henderson-and-osborne-proclamation-2019/history","analysis":"/api/acts/control-of-naval-waters-henderson-and-osborne-proclamation-2019/analysis","conflicts":"/api/acts/control-of-naval-waters-henderson-and-osborne-proclamation-2019/conflicts","importantCases":"/api/acts/control-of-naval-waters-henderson-and-osborne-proclamation-2019/important-cases","documents":"/api/acts/control-of-naval-waters-henderson-and-osborne-proclamation-2019/documents"}}