58Declaration of defence area

#### 58 Declaration of defence area (1) The Minister may, by legislative instrument, declare an area of land, sea or airspace in or adjacent to Australia to be a defence area for use for a defence purpose. (2) The declaration must: (a) specify the defence purpose for which the area is required; and (b) specify whether entry into a defence area is to be: (i) prohibited at all times; or (ii) prohibited during particular periods as determined under subsection 59(1). (3) The Minister must not declare an area unless: (a) the area is Commonwealth land; or (b) for land that is not Commonwealth land—the consent in writing of the occupier of the land has been obtained; or (c) it is necessary or expedient, in the interests of the safety or defence of Australia, to use the area for the purpose of: (i) testing defence materiel; or (ii) carrying out a defence operation or practice; or (d) the area is a depot, factory, laboratory, store or other facility used by or on behalf of the Commonwealth in relation to defence materiel. (4) The area may be used for the defence purpose specified in the declaration.