Statute Details
- Title: Protected Areas Order 2009
- Act Code: IPA2017-S365-2009
- Legislation Type: Subsidiary legislation (SL)
- Authorising Act: Protected Areas and Protected Places Act (Chapter 256)
- Enacting Authority: Minister for Home Affairs
- Key Provisions: Section 1 (citation and commencement); Section 2 (declaration of protected area); Schedule (area description and authority)
- Commencement: 8.00 a.m. on 9 August 2009
- Expiry/End of Operation (as enacted): 11.00 p.m. on 9 August 2009
- Status: Current version as at 27 Mar 2026 (per the legislation portal)
What Is This Legislation About?
The Protected Areas Order 2009 is a short, targeted subsidiary instrument made under the Protected Areas and Protected Places Act (Chapter 256). Its purpose is to declare a specific geographic area to be a “protected area” for a limited period, and to require persons within that area to comply with directions regulating their movement and conduct.
In plain language, the Order is about temporary security control. It identifies an area (through the Schedule) and designates it as protected for the purposes of the Act. Once the area is declared, the legal effect is immediate: anyone present in that area must follow directions given by an authorised officer acting for the relevant authority specified in the Schedule.
Although the Order is brief, it operates as an important legal mechanism. It translates the general powers in the Protected Areas and Protected Places Act into a concrete, time-bound restriction on public movement and behaviour in a defined location—typically used in contexts where heightened security or crowd management is required.
What Are the Key Provisions?
Section 1: Citation and commencement sets out how the Order is referred to and when it takes effect. The Order may be cited as the Protected Areas Order 2009. It comes into operation at 8.00 a.m. on 9 August 2009 and remains in operation until 11.00 p.m. on 9 August 2009. This time-limited structure is central to the Order’s function: it is designed to impose restrictions only during the relevant security window.
Section 2: Area declared to be protected area is the operative provision. It provides that the area described in the second column of the Schedule is declared to be a protected area for the purposes of the Act. The legal consequence is not merely declaratory; it imposes a behavioural obligation on those who are physically present in the area.
Section 2 further states that every person who is in that area shall comply with directions for regulating movement and conduct. These directions may be given by an authorised officer acting by or on behalf of the authority specified in the first column of the Schedule. Practitioners will note the breadth of the obligation: it is not limited to particular categories of persons (e.g., “organisers” or “permit holders”)—it applies to every person who is in the protected area.
The Schedule is therefore critical even though it is not reproduced in the extract. The Schedule performs two functions: (1) it describes the geographic area (second column), and (2) it identifies the authority (first column) for which authorised officers act. In practice, this means the Schedule links the location to the operational chain of command for issuing directions. For legal analysis, the Schedule is often where questions of scope arise—such as whether a particular address, boundary, or route falls within the described area.
Compliance and directions are the practical “engine” of the Order. The Order does not itself list specific prohibited acts; instead, it requires compliance with directions regulating movement and conduct. This is consistent with the Act’s model: the Order declares the protected area, and the Act empowers authorised officers to issue operational directions to manage risk. For a lawyer advising clients, the key issue becomes whether a person was within the protected area and whether the directions were lawfully given by an authorised officer acting for the relevant authority.
How Is This Legislation Structured?
The Protected Areas Order 2009 is structured in a conventional subsidiary-legislation format with a short enacting formula and a small number of provisions.
Enacting Formula: The Minister for Home Affairs makes the Order in exercise of powers conferred by section 4(1) of the Protected Areas and Protected Places Act. This indicates that the Order is an implementation instrument—made under statutory authority to declare protected areas.
Section 1 provides citation and commencement, including the exact start and end times for the Order’s operation.
Section 2 declares the protected area and imposes the compliance obligation tied to directions by authorised officers.
THE SCHEDULE contains the detailed description of the protected area and the authority specified for the purposes of section 2. In many protected-area instruments, the Schedule is where boundaries, landmarks, or route descriptions are set out with precision.
Who Does This Legislation Apply To?
The Order applies to every person who is in the protected area during the period when the Order is in force. This includes members of the public, visitors, workers, and any other individuals physically located within the declared boundaries.
Importantly, the obligation is triggered by presence in the area, not by status. Therefore, legal advice should focus on factual location at the relevant time. If a person is outside the protected area, the Order’s section 2 obligation would not apply. If a person is inside, they must comply with directions regulating movement and conduct given by an authorised officer acting by or on behalf of the relevant authority identified in the Schedule.
Why Is This Legislation Important?
Even though the Protected Areas Order 2009 is brief, it is legally significant because it activates the enforcement framework of the Protected Areas and Protected Places Act. In security and public order contexts, the ability to declare a protected area quickly and for a defined period is essential. The Order provides the legal basis for restricting movement and directing conduct in a specified location.
From a practitioner’s perspective, the Order’s importance lies in how it interacts with operational policing and administrative directions. The Order itself requires compliance with directions, but the content and legality of those directions will typically depend on the broader statutory scheme in the Protected Areas and Protected Places Act. Accordingly, lawyers should read the Order together with the Act to understand: (1) who qualifies as an authorised officer, (2) what types of directions may be given, (3) how compliance is assessed, and (4) what consequences follow from non-compliance.
The time-limited nature of the Order also matters. Because it operates from 8.00 a.m. to 11.00 p.m. on 9 August 2009, questions may arise in disputes about whether the person was present during the operative window, and whether the relevant directions were issued within that period. For evidential matters, practitioners may need to consider how boundaries were communicated, how directions were delivered, and what records exist regarding the authorised officers and the authority specified in the Schedule.
Finally, the Order illustrates a common legislative technique: using subsidiary legislation to “turn on” restrictions for a specific location and time. This can affect planning, event management, travel routes, and compliance obligations for businesses and individuals operating near the declared area. Where clients have operations in or near such locations, counsel should advise on contingency planning and on how to respond to authorised directions.
Related Legislation
- Protected Areas and Protected Places Act (Chapter 256) — the authorising Act that provides the powers to declare protected areas and to issue directions regulating movement and conduct.
- Protected Places Act — referenced in the legislation portal context (as part of the broader protected areas/places framework).
- Legislation Timeline — useful for confirming the correct version and any amendments affecting the instrument.
Source Documents
This article provides an overview of the Protected Areas Order 2009 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.