49Declaration of defence practice area

#### 49 Declaration of defence practice area (1) The Minister may, by notice published in the Gazette, declare any area of land, sea or air in or adjacent to Australia to be a defence practice area for carrying out a defence operation or practice of a kind specified in the notice. (2) The Minister shall not make a declaration under subregulation (1) in respect of private land unless: (a) the consent in writing of the occupier of the land has first been obtained; or (b) it is necessary or expedient in the interests of the safety or defence of the Commonwealth to carry out on that land a defence operation or practice of a kind specified in the notice without that consent. (3) The Minister shall not, in a notice under subregulation (1), declare an area of sea or air to be a defence practice area unless it is an area of sea or air in which it is necessary or expedient in the interests of the safety or defence of the Commonwealth to carry out a defence operation or practice of the kind specified in the notice. (4) Where the Minister declares a defence practice area under subregulation (1), a service chief may from time to time, by notice published in the Gazette, authorise the installation, for a period not exceeding 2 years that is specified in the notice, of equipment for defence purposes: (a) in an area of sea that is, or is part of, the defence practice area; or (b) on the sea‑bed or in the subsoil beneath that area; or (c) in the superjacent waters.