{"id":"F2018L00339","name":"Defence (Army Aviation Centre Oakey Defence Aviation Area) Declaration 2018","slug":"defence-army-aviation-centre-oakey-defence-aviation-area-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439554,"registerId":"F2018L00339-fast-fetch-1775955536354","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (Army Aviation Centre Oakey Defence Aviation Area) Declaration 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![](image.001.jpeg)\n\n \n\nDefence (Army Aviation Centre Oakey Defence Aviation Area) Declaration 2018\n\n \n\n \n\nI, Darren Chester, Minister for Defence Personnel, make the following declaration.\n\nDated 16 March 2018   \n\nDarren Chester\n\nMinister for Defence Personnel\n\n \n\n \n\n \n\nContents\n\n1  Name...................................................\n\n2  Commencement.............................................\n\n3  Authority.................................................\n\n4  Definitions................................................\n\n5  Declaration of Army Aviation Centre Oakey Defence Aviation Area..............\n\n6  Specification of height restrictions that apply within the area...................\n\nSchedule 1—Map \n\n \n\n \n\n1  Name\n\n  This instrument is the Defence (Army Aviation Centre Oakey Defence Aviation Area) Declaration 2018.\n\n2  Commencement\n\n  This instrument commences at the same time as the Defence Legislation Amendment (Instrument Making) Act 2017, Schedule 1, Part 2.\n\n3  Authority\n\n  This instrument is made under subsection 117AC(1) of the Act.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in section 4 of the Act, including the following:\n\n(a) defence aviation area.\n\n  In this instrument:\n\nAct means the Defence Act 1903.\n\n5  Declaration of Army Aviation Centre Oakey Defence Aviation Area\n\n (1) For the purposes of subsection 117AC(1) of the Act, the Army Aviation Centre Oakey Defence Aviation Area is declared to be a defence aviation area.\n\n (2) The Army Aviation Centre Oakey Defence Aviation Area is the areas of land in the vicinity of Army Aviation Centre Oakey in Queensland that are depicted on the map (the map) set out in Schedule 1 to this instrument.\n\n (3) To avoid doubt, areas depicted by white space on the map set out in Schedule 1 are not included in the Army Aviation Centre Oakey Defence Aviation Area.\n\n6  Specification of height restrictions that apply within the area \n\n (1) For the purposes of subsection 117AC(3), height restrictions apply in relation to buildings, structures and objects (including trees and other natural obstacles) within the Army Aviation Centre Oakey Defence Aviation Area.\n\n (2) The height restrictions described in the legend to the map set out in Schedule 1 apply in the corresponding area depicted on the map.\n\nSchedule 1—Map\n\nSee sections 5 and 6\n\n![](image.002.png)\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not amend the Defence Act or extend powers beyond those set out in subsection 117AC; it performs a specific exercise of authority by declaring a defence aviation area and applying map-based height restrictions to that area (see ss5–6). It confines regulatory effect to the geographic area depicted in Schedule 1 and excludes white space (see s5(3)), so the scope is defined rather than expanded."},"complexity_factors":["Legal basis is a single, specific power — made under subsection 117AC(1) of the Defence Act (see s3).","Geographic and regulatory effect depends on the attached map and its legend rather than detailed statutory text (see s5(2), s6(2), Schedule 1).","Clear exclusion rule for white space on the map reduces ambiguity about which land is included (see s5(3)).","Height restrictions apply to all buildings, structures and objects including natural obstacles, broadening the practical compliance scope for landowners (see s6(1)).","Commencement is linked to another statute’s commencement, so timing depends on external instrument (see s2).","Low textual complexity but operational complexity arises from map reproduction/interpretation for surveying, development approvals and enforcement.","Limited ministerial discretion in this instrument (it declares and specifies via map) — substantive discretion resides in the enabling Act and implementation processes."],"plain_english_summary":"This instrument designates the land around the Army Aviation Centre Oakey (Queensland) as a \"defence aviation area\" and imposes map-based height limits on buildings, structures and objects within that area, with areas shown as white space excluded. It takes effect with a related amendment act.\n\nNearby landowners, developers and planning authorities must follow the specified height restrictions; the Minister made the declaration under the Defence Act, creating compliance obligations tied to the Schedule 1 map."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow, technical function it was designed for: declaring a specific defence aviation area and applying height restrictions via map reference. There is no scope creep or expansion beyond the original purpose established by the enabling legislation (Defence Legislation Amendment (Instrument Making) Act 2017)."},"complexity_factors":["Very short instrument (only 6 substantive sections plus a Schedule)","Minimal defined terms (only 'Act' defined; relies on parent Act definitions)","Simple declarative structure with no conditional logic or exceptions","Single cross-reference to enabling legislation (Defence Act 1903)","Primary legal effect achieved through reference to external map rather than textual description","No penalty provisions, enforcement mechanisms, or dispute resolution procedures (these are in the parent Act)"],"plain_english_summary":"This instrument designates land around the Army Aviation Centre Oakey as a defence aviation area, giving the ADF legal authority to control buildings, structures and vegetation that breach mapped height limits. It affects nearby property owners, developers and planning authorities by restricting developments in defined boundaries to protect military flight paths. The declaration matters because it prevents civilian encroachment that could create collision hazards for helicopters and other military aircraft."}},"importantCases":[],"_links":{"self":"/api/acts/defence-army-aviation-centre-oakey-defence-aviation-area-declaration-2018","history":"/api/acts/defence-army-aviation-centre-oakey-defence-aviation-area-declaration-2018/history","analysis":"/api/acts/defence-army-aviation-centre-oakey-defence-aviation-area-declaration-2018/analysis","conflicts":"/api/acts/defence-army-aviation-centre-oakey-defence-aviation-area-declaration-2018/conflicts","importantCases":"/api/acts/defence-army-aviation-centre-oakey-defence-aviation-area-declaration-2018/important-cases","documents":"/api/acts/defence-army-aviation-centre-oakey-defence-aviation-area-declaration-2018/documents"}}