Woomera Prohibited Area (Exclusion Periods for Amber Zone 1 and Amber Zone 2 for 1 July 2026 to 31 December 2026) Determination 2026

Woomera Prohibited Area (WPA). The WPA is a large defence testing range in South Australia, prescribed under section 5 of the Rule. It is divided into zones with different access regimes: red zones (permanently dangerous, generally no access), amber zones (access permitted subject to exclusion periods and conditions), and green zones (access subject to conditions but no exclusion periods). The WPA is used by the Department of Defence for weapons testing, live-fire exercises, and other activities that create safety hazards. The area also contains significant mineral, pastoral, and cultural resources, creating a tension between military needs and civilian economic uses.

Amber Zone 1 and Amber Zone 2. These are defined by paragraphs 6(b) and 6(c) of the Rule respectively. The instrument does not provide their geographical descriptions; those are set out in the Rule. In general, amber zones are areas where civilian activities (including mining exploration and extraction, pastoral operations, and tourism) are allowed, but only when Defence does not require the area for testing. The exclusion periods are the times when Defence has scheduled hazardous activities that make civilian access unsafe or operationally incompatible. Because the boundaries are fixed, the same two amber zones appear in each successive determination, though the date ranges may change.

Exclusion period. For the purposes of the Rule, an exclusion period is a block of time during which a person must not enter or remain in an amber zone unless the person is acting under an authorised purpose that overrides the exclusion (for example, with a permit issued under the Rule, or in an emergency, or with Defence’s direct authorisation). The determination sets the start and end dates for each exclusion period. The instrument uses inclusive date ranges: for example, ‘01 July 2026 - 07 July 2026’ means the exclusion runs from 1 July (00:00) to 7 July (23:59), assuming the usual interpretation of a full-day period. The weekly blocks are contiguous for much of the October-to-December period, but each is listed as a separate item; legally each item stands alone as a determined exclusion period. However, because they are adjacent, the practical effect is a single continuous closure.

Relationship to the Rule. The determination does not operate in isolation. It is made ‘for the purposes of paragraph 8(1)(a) and (b) of the Rule’. The Rule, in turn, sets out the circumstances when a person may enter an amber zone during an exclusion period (permits, emergency, etc.) and the consequences for unauthorised entry. The Rule also imposes notification obligations (e.g., Defence must notify affected stakeholders of exclusion periods in advance) and provides for variations. The determination is purely a schedule of dates; all other rights and obligations are found in the Rule and the parent Act.

Time-limited nature. The determination itself has a statutory repeal date of 1 January 2027. This is automatic and does not require further action. It ensures that the exclusion periods apply only for the specified six-month period; after that date, the instrument ceases to have legal effect, and any entry into the amber zones would be governed by whatever new determination (or absence of one) is in force. This rolling six-month cycle gives Defence and civilian users predictable windows for planning.

The determination directly affects any individual or entity that holds an interest, permission, or legal right to access Amber Zone 1 or Amber Zone 2 within the WPA during the second half of 2026. The most heavily affected groups are:

Mining and exploration companies. The WPA covers parts of the Gawler Craton and other mineral provinces that contain iron ore, copper, gold, and uranium deposits. Companies holding exploration licences or mining leases from the South Australian government over land within the amber zones must schedule their field programs outside the exclusion periods. A 12 July exclusion (Amber Zone 1) and a nine-week closure from mid-October to mid-December represent a significant loss of operational season, particularly as the Southern Australian outback has a limited weather window for field work (generally April to November). The cost of demobilising and remobilising crews, equipment, and accommodation for these blocks can be substantial. Contractors and service providers (drilling, geophysics, camp management) are indirectly affected as their work schedules depend on client access.

Pastoral leaseholders. Pastoral stations that operate within the amber zones may need to move livestock, manage water points, and carry out routine maintenance. While many pastoral activities can be paused during exclusion periods, issues such as mustering, biosecurity events, or emergency repairs could be disrupted. The determination does not provide a general exemption for pastoralists; they must rely on any provisions in the Rule that authorise access for essential land management. If the Rule does not exempt them during exclusion periods, they must vacate or face enforcement.

Indigenous landholders and native title holders. Portions of the WPA are subject to native title determinations or Indigenous Land Use Agreements. Indigenous communities may have rights to hunt, gather, or conduct cultural ceremonies on the land. The instrument does not mention any exemptions for traditional activities. Whether such activities can continue during exclusion periods depends on the Rule and any coexisting agreements with Defence. This creates uncertainty for communities planning seasonal ceremonies or harvesting.

Researchers and tourists. Scientists conducting environmental studies, archaeologists, or tourism operators offering guided tours in the WPA must ensure their visits do not coincide with an exclusion period. Bookings made for the October-November window, especially, would be affected. The determination may force cancellations or rescheduling.

Government and emergency services. Defence personnel, police, ambulance, fire services, and other authorised persons may have exemptions under the Rule. The determination does not override those. But it does affect third-party contractors working for Defence or other agencies if they are not specifically authorised.

The primary beneficiary of the determination is the Department of Defence. By fixing the exclusion periods, Defence secures a predictable testing schedule without risk of civilian encroachment. The cost of the determination is borne by the civilian users whose access is reduced. The trade-off is a central feature of the WPA management framework: Defence gets exclusive use during certain times, and civilians get access the rest of the year.

Duty not to enter or remain during an exclusion period. The instrument itself does not articulate this duty; it flows from the Rule. However, the determination is the legal mechanism that makes the duty operational for specific dates. Once posted, any person who knowingly enters or remains in Amber Zone 1 or 2 during the listed periods without an authorised exemption commits an offence under the Act (likely an offence of strict liability or one requiring proof of knowledge). The duty applies to all persons, including those who hold an ordinary access authority under the Rule, unless the authority specifically permits entry during exclusion periods (some authorities are suspended during exclusion periods).

No right to compensation. The instrument is silent on compensation for lost access. Under the WPA framework, there is no statutory right to compensation for income lost due to exclusion periods. Mining companies and pastoralists bear the commercial risk of these periodic closures. In some cases, they may have negotiated access deeds or memoranda of understanding with Defence that contain compensation clauses, but those are private contractual arrangements, not matters addressed by this determination.

Right to apply for an alternative arrangement or exemption. The Rule may permit the Minister or Defence to grant a variation of the exclusion period for a particular activity (e.g., a mining company might be allowed to complete a drill hole that straddles an exclusion start date). The determination does not list these rights; they derive from sections 9 and 10 of the Rule (not reproduced here). However, the existence of this determination imposes a burden on applicants to make a case, and Defence has no obligation to grant any exemption. The right is procedural, not substantive.

Right to notice. Under the Act and Rule, Defence is required to publish or notify exclusion periods in advance. This determination, once registered on the Federal Register of Legislation, constitutes formal notice. Stakeholders who rely on earlier informal communications about planned exclusion dates cannot rely on them if the official determination differs.

No right to challenge the dates on merit. The instrument is a legislative instrument subject to disallowance by Parliament within a certain period, but once it is made and registered, a person affected cannot challenge the date selection as unreasonable unless it is ultra vires the Rule or procedurally invalid (e.g., failure to consult if required). Judicial review would be limited to procedural grounds, not the substance of the scheduling choices.

For users, the key practical right is to plan around the dates. The determination gives six months of certainty for the second half of 2026. That is a right not a duty: the information is publicly available and legally fixed. Users can decide whether to invest in capital equipment knowing the blackout periods. The trade-off is that the determination reduces the total available access time in the latter half of 2026 significantly.

This instrument does not create or specify penalties. Penalties for unauthorised entry into the WPA during an exclusion period are contained in the Woomera Prohibited Area Act 1952 and the Woomera Prohibited Area Rule 2014. Under the Act, entry without authority into a prohibited area is an offence carrying a maximum penalty of imprisonment for two years (section 7 of the Act). The Act also provides for seizure of vehicles, equipment, and goods used in the commission of the offence. The Rule may impose additional civil penalties or infringement notices for minor breaches, such as failing to vacate before a scheduled exclusion period begins.

Enforcement is carried out by the Australian Federal Police, Defence security personnel, and authorised officers appointed under the Act. The WPA is a large, remote area, and enforcement relies on a combination of ground patrols, aerial surveillance, remote sensors, and cooperation with South Australian police. During the 2026 exclusion periods, enforcement activity is likely to be higher around the start and end dates, particularly if Defence testing is planned.

The determination itself is the trigger for enforcement: without a valid determination under section 8, there is no exclusion period, and entry would not constitute an offence under that limb. So the instrument is a necessary element of the prosecution case. The prosecution would also need to prove that the defendant entered or remained within the zone on the date alleged and that the zone was in fact an amber zone as defined. The determination is self-evident if it has been registered and in force; the date ranges in Schedule 1 and Schedule 2 would be tendered as evidence.

Potential penalties for a company could include fines under the Act (up to 100 penalty units for a body corporate, currently $33,000 per offence, with higher amounts for continuing offences). For an individual, imprisonment is a theoretical possibility but rare; fines or good behaviour bonds are more typical. Repeat or deliberate trespassers (e.g., protesters, illegal miners) face elevated consequences.

Enforcement costs are borne by the Commonwealth. The deterrent effect depends on the probability of detection, which in a vast and remote landscape may be low for casual trespass. However, for commercial users who operate under permits and have visible infrastructure (drill rigs, camps), the risk is high because they are known to authorities. The practical enforcement threat is therefore asymmetric: it bears more heavily on legitimate businesses than on rogue individuals.

The instrument operates within a broader legal hierarchy. At the apex is the Woomera Prohibited Area Act 1952 (Cth), which creates the legal power to declare prohibited areas and makes unauthorised entry an offence. The Woomera Prohibited Area Rule 2014 is a legislative instrument made under the Act; it prescribes the boundaries of the WPA, divides it into zones, sets conditions for access, and authorises the Minister to determine exclusion periods. This determination is a further legislative instrument made under the Rule. So the chain is: Act > Rule > this determination. Any inconsistency between this determination and the Act would render the determination invalid to the extent of the inconsistency.

Interaction with state laws. The WPA is located within South Australia. State laws (the Mining Act 1971 (SA), the Pastoral Land Management and Conservation Act 1989 (SA), the Native Title Act 1993 (Cth) as applied to SA, and common law) continue to apply to activities within the WPA except where the Commonwealth has exclusive legislative authority for defence purposes. The determination does not override state laws: a mining company with a valid state licence must still comply with the exclusion periods. In theory, a state-issued licence to enter crown land does not authorise entry into a Commonwealth prohibited area during an exclusion period. The determination thus creates a de facto suspension of certain state-law access rights for the duration of each exclusion period. This does not invalidate the state licences; it merely means they cannot be exercised during those times.

Interaction with native title. If native title exists over the amber zones, the determination does not extinguish it. Native title holders still hold their rights, but those rights are subject to the Commonwealth’s prerogative to regulate access for defence purposes. The Native Title Act 1993 provides that acts done for the purpose of national security are not subject to the future act regime, so no indigenous land use agreement or consent determination is required for this determination. However, if the Rule or the method of setting exclusion periods fails to accommodate native title rights in a way that complies with the Racial Discrimination Act 1975, a challenge could theoretically arise. No such challenge is recorded for previous similar determinations.

Interaction with environmental laws. The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) may apply if Defence’s activities during exclusion periods have a significant impact on matters of national environmental significance. The determination itself does not authorise any particular Defence activity; it merely clears the zone of civilians. Defence’s use of the zone is separately authorised under other instruments. Environmental regulators have no role in setting exclusion periods.

Interaction with the Fair Work Act and employment law. For employers whose staff work inside the WPA, the exclusion periods may force roster changes, stand-downs, or redundancies. The instrument does not engage with industrial law, but it creates a force majeure event that may affect employment contracts. Workers cannot be required to work in the zone during an exclusion period if that would be unlawful.

This instrument has no amendment history. It is a stand-alone determination for the period 1 July 2026 to 31 December 2026, and it has not been amended since its registration (presumably in mid-2025 or early 2026, depending on when it was made). The instrument’s text is final as made. It is one of a series of similar determinations issued every six months. Previous determinations (e.g., for 1 January 2026 to 30 June 2026) would have covered Amber Zones, but they are not amended by this instrument; they are simply superseded for the overlapping period only to the extent of any inconsistency. Since this instrument covers a later period, it does not amend earlier ones. The determination contains a self-repeal clause (section 6) so that it will automatically be repealed without needing a subsequent amending instrument.

If the Minister later decided to change the exclusion periods for this six-month window, they would need to repeal this instrument and substitute a new one. That has not happened. There is no schedule for public comment or consultation within the instrument itself. The legislative process for making such instruments under the Rule is set out in the Rule and may involve consultation with the Woompa Prohibited Area Advisory Board (if established). No amendment history is recorded in the instrument.

There is no litigation history relating to this specific instrument because it is a new and temporary determination, and likely no legal dispute has yet arisen. However, the broader WPA access regime has generated litigation in the past. For example, disputes over mining access have been heard in the Federal Court regarding the validity of earlier versions of the Rule or determinations made under it. In OZ Minerals v Commonwealth (2014), the Full Federal Court considered whether the Minister’s decision to impose conditions on access was unreasonable; that case concerned the Rule itself, not a periodic determination. The outcome established that the Minister has wide discretion but must give proper consideration to the commercial impact on mining.

For this determination, potential litigation grounds include:

• Ultra vires: A challenge that the determination exceeds the power in subsection 8(1) of the Rule, for example if the dates conflict with a mandatory requirement in the Rule to set exclusion periods after consultation or after considering certain criteria. The instrument does not recite any consultation; if consultation is required and was omitted, the determination could be invalid.

• Procedural invalidity: If the instrument was not registered or tabled in Parliament within the required time (under the Legislation Act 2003), it may be of no effect.

• Unreasonableness under administrative law: A court could find that a continuous nine-week exclusion for Amber Zone 1 is so disproportionate to Defence’s operational needs as to be an unreasonable exercise of power. This would require evidence that Defence had no genuine need for such a long exclusion. The threshold is high.

• Discrimination under the Racial Discrimination Act: If the exclusion periods disproportionately affect Indigenous landholders without adequate accommodation, a complaint could be made. No such case has succeeded for previous determinations.

In practice, the cost and risk of litigation deter private challenges, especially for small pastoralists. Mining companies with large sunk costs may have standing to seek judicial review if the determination causes significant financial loss. As of now, no known proceedings have been filed against this instrument.

First, the date ranges in Schedule 1 and Schedule 2 are presented as separate weekly items, but they are contiguous. For Amber Zone 1, items 2 through 10 run consecutively from 12 October 2026 to 13 December 2026 without a single day’s gap. A casual reader might think each item is a distinct, isolated exclusion event (like a one-week test), but the combined effect is a 63-day contiguous exclusion. This matters for compliance: you cannot re-enter on 19 October 2026 thinking the exclusion has ended; it continues until 13 December 2026. Similarly, Amber Zone 2 items 1 through 5 run from 12 October 2026 to 15 November 2026 without break: 35 consecutive days.

Second, the instrument only specifies start and end dates, not start and end times. The default rule under the Legislation Act 2003 (s 36) is that a period begins at the start of the first day and ends at the end of the last day. That means if you are lawfully in the zone on the day before the exclusion starts, you must have left by midnight at the beginning of the first exclusion date. Conversely, you may enter on the day after the exclusion ends, after midnight of the last day listed. But the lack of time specificity could cause confusion for operations that run overnight. Better practice would be to assume the exclusion applies for the entire 24 hours of each day in the range.

Third, the instrument says it commences on the day after registration. If it is registered later than planned (e.g., in May 2026), the period from 1 July 2026 begins only after registration; the determination cannot have effect for days that have already passed. However, the instrument is likely registered well in advance. If it is not registered until after 1 July 2026, the first exclusion period (1-7 July for Amber Zone 1) might be invalid for those dates. The instrument does not include a savings provision for late registration.

Fourth, the determination includes no grace period or transitional arrangement for people already inside the zone when an exclusion period starts. The Rule likely requires people to vacate before the exclusion. If a person enters before the period and cannot leave (e.g., vehicle breakdown), they may be in breach if they remain after the start. There is no express exception in the instrument.

Fifth, the determination applies to ‘amber zone 1’ and ‘amber zone 2’ as defined in the Rule. But the Rule’s maps or descriptions may be ambiguous; the determination does not provide coordinates. If a boundary is unclear, a person might unknowingly stray into the zone during an exclusion period and face penalties. Cross-referencing the Rule’s definitions is essential.

Sixth, the instrument is repealed automatically on 1 January 2027. That means after that date, there is no exclusion period for these zones until a new determination is made. However, if no new determination is made for the first half of 2027, the default position under the Rule may be that no exclusion periods exist, and entry is unrestricted (subject to other conditions). That is not a problem, but a user relying on this instrument for planning should anticipate that a new determination for 2027 may contain different dates.

Seventh, the instrument does not list any exemptions. Users must locate the exemption provisions in the Rule (likely section 9 or 10) to see if their activity is exempt (e.g., operations of a police officer, ambulance, Defence personnel). The absence of exemption language could mislead a layperson into believing there are none.

Eighth, the table formatting in the original instrument uses HTML tables that may not render correctly in all browsers or printed copies. The precise date strings are the authoritative source; if a table cell is misaligned, the text inside still governs. However, if a transcription error occurs (e.g., ‘01 July 2026 - 07 July 2026’ missing a digit), the instrument could be ambiguous. The user should verify the exact dates from a registered copy.

Compliance with this determination is straightforward in concept but requires careful operational planning. The core rule is: do not enter or remain in Amber Zone 1 or Amber Zone 2 during any of the periods listed in Schedule 1 or Schedule 2, unless you hold a specific authority that overrides the exclusion.

Step 1 - Verify the zones. Obtain the current version of the Woomera Prohibited Area Rule 2014 and a map of the WPA. Identify whether your area of operation falls within Amber Zone 1 or Amber Zone 2. If it is in a green zone or unzoned area, this determination does not affect you. If it is in a red zone, separate permanent exclusion rules apply.

Step 2 - Mark the exclusion dates. For Amber Zone 1, note these full-day periods:

• 01 July 2026 - 07 July 2026 (7 days)
• 12 October 2026 - 13 December 2026 (63 days, contiguous)

For Amber Zone 2:

• 12 October 2026 - 15 November 2026 (35 days, contiguous)

Calibrate your calendar or scheduling software to treat these as blackout dates when no one may enter. Ensure that all personnel, contractors, and visitors are aware.

Step 3 - Plan activities to avoid blackouts. For any field work, drilling, mining, pastoral operations, or tourism that requires access during the second half of 2026, schedule the work either before the exclusion periods (if possible up to end of June 2026, but note there may be an earlier determination covering January-June 2026) or in the gaps:

• For Amber Zone 1: there is a gap between 8 July 2026 and 11 October 2026 (approximately 95 days). That is the main window for access between the July and October exclusions. After 13 December 2026, the rest of December is open.
• For Amber Zone 2: there is no July exclusion, so you have from 1 July 2026 to 11 October 2026 (103 days). After 15 November 2026, the rest of the year is open.

If your activity cannot fit into these windows, consider whether it can be completed before 1 July 2026 (under the previous determination) or postponed until 2027.

Step 4 - Confirm any exemptions. Review sections 9 through 12 of the Woomera Prohibited Area Rule 2014. These sections may allow entry during an exclusion period for:

• A person authorised in writing by the Minister or Defence
• A person acting in an emergency (e.g., fire, medical)
• A person acting under a permit that specifically states it overrides exclusion periods
• Indigenous holders exercising native title rights in accordance with a determination that provides for access during tests (rare)
• Commonwealth or State officers performing duties

If you believe you qualify for an exemption, obtain written confirmation from the relevant authority before the exclusion period begins. Do not rely on verbal authorisation.

Step 5 - Pre-exclusion evacuation. At least one full day before each exclusion period begins, ensure all personnel, vehicles, equipment, and stock are outside the zone. Conduct a check that no one is left inside. This may require a sweep. For the continuous October-December period, you only need to evacuate once before 12 October 2026.

Step 6 - Monitor for changes. Check the Federal Register of Legislation periodically to see if this instrument is repealed early or superseded by a later instrument (e.g., if Defence cancels a test and the Minister issues a new determination removing certain dates). The determination as written is the final word for now, but it can be amended.

Step 7 - Document compliance. Keep records of your planning, evacuation times, and authorisations. If a compliance officer or AFP investigates your activities, you may need to prove you were outside the zone during the exclusion periods or that you held a valid exemption.

Practical tip for mining companies. The nine-week continuous exclusion for Amber Zone 1 from October to December is the most disruptive. This period often coincides with the dry season when drilling is most productive. You may need to accelerate the first half of the year program or negotiate with Defence for a partial exemption. Begin discussions months in advance; last-minute requests are unlikely to succeed.

Practical tip for pastoralists. If you need to access the zone for animal welfare, feed drops, or water maintenance during an exclusion period, contact the WPA management office immediately. The Rule may contain an emergency provision, but you should not assume it covers routine maintenance. Get written confirmation before entering.

Practical tip for tourism operators. Do not book tours into Amber Zone 1 or 2 for any of the exclusion dates. If you have existing bookings, offer refunds or reschedule to the open windows. Liability for taking clients into a prohibited area during an exclusion period could result in criminal charges and civil liability.

Penalty reminder. Unauthorised entry carries a maximum penalty of two years imprisonment under the Act, plus fines. Even a first offence can result in a criminal record. Compliance is not optional.