{"id":"F2018L00341","name":"Defence (Nowra Airfield Defence Aviation Area) Declaration 2018","slug":"defence-nowra-airfield-defence-aviation-area-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439555,"registerId":"F2018L00341-fast-fetch-1775955538415","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (Nowra Airfield 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 (Nowra Airfield 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 Nowra Airfield 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 (Nowra Airfield 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 Nowra Airfield Defence Aviation Area\n\n (1) For the purposes of subsection 117AC(1) of the Act, the Nowra Airfield Defence Aviation Area is declared to be a defence aviation area.\n\n (2) The Nowra Airfield Defence Aviation Area is the areas of land in the vicinity of Nowra Airfield in New South Wales 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 Nowra Airfield 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 Nowra Airfield 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\n\n![](image.003.png)\n\n\n![](image.004.png)\n\n\n![](image.005.png)\n\n\n![](image.006.png)\n\n\n![](image.007.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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 117AC of the Defence Act 1903 — declaring a specific airfield as a defence aviation area and specifying applicable height restrictions. The scope remains tightly focused on the Nowra Airfield and does not expand beyond the statutory framework."},"complexity_factors":["Very short instrument (6 sections plus schedule)","Only 1 defined term ('Act') in the instrument itself","Minimal cross-referencing — primarily references to section 117AC of the Defence Act 1903","Simple conditional logic — straightforward declaration and specification structure","Heavy reliance on external visual information (maps in Schedule 1) rather than textual description of boundaries","No nested exceptions or complex temporal provisions"],"plain_english_summary":"This instrument declares a zone around Nowra Airfield a \"defence aviation area\" that imposes height limits to protect military flight operations. It restricts buildings, trees, and objects above specified heights within the mapped area (with some map areas excluded).\n\nIt affects nearby property owners, developers and local councils (who must apply the limits) and gives the Australian Defence Force legal control to keep airspace clear for safe training and operational flights."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the instrument text alone, the instrument simply declares the Nowra Airfield Defence Aviation Area and applies mapped height restrictions as authorised by subsection 117AC of the Defence Act. There is no indication within this instrument that the declared area or restrictions alter a prior scope."},"complexity_factors":["Single-purpose statutory instrument limited to declaring an area and applying height limits (s5, s6).","Spatial detail and legal effect depend on an external map and legend in Schedule 1 (s5(2); s6(2)).","White-space exclusion rule on the map requires precise map interpretation for boundary determination (s5(3)).","Authority and timing cross-refer to the Defence Act and an enabling Act, so legal effect depends on those instruments (s3; s2).","Operational compliance burden is on landowners/developers to assess and adjust buildings, structures or vegetation to meet height restrictions (s6(1)).","Limited textual discretion in the instrument itself; substantive decision-making power rests in the enabling provision of the Defence Act (s3 referring to subsection 117AC(1))."],"plain_english_summary":"This instrument declares land around Nowra Airfield (NSW) to be a defence aviation area and imposes mapped height limits on buildings, structures and objects (including trees). It affects landowners, developers and occupiers inside the mapped boundary who must meet the height restrictions shown in Schedule 1.\n\nThe declaration is made by the Minister under subsection 117AC of the Defence Act and commences with the enabling Act; compliance costs and any required modifications to property are borne by the affected parties."}},"importantCases":[],"_links":{"self":"/api/acts/defence-nowra-airfield-defence-aviation-area-declaration-2018","history":"/api/acts/defence-nowra-airfield-defence-aviation-area-declaration-2018/history","analysis":"/api/acts/defence-nowra-airfield-defence-aviation-area-declaration-2018/analysis","conflicts":"/api/acts/defence-nowra-airfield-defence-aviation-area-declaration-2018/conflicts","importantCases":"/api/acts/defence-nowra-airfield-defence-aviation-area-declaration-2018/important-cases","documents":"/api/acts/defence-nowra-airfield-defence-aviation-area-declaration-2018/documents"}}