{"id":"F2018L00340","name":"Defence (RAAF Base Darwin Defence Aviation Area) Declaration 2018","slug":"defence-raaf-base-darwin-defence-aviation-area-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439556,"registerId":"F2018L00340-fast-fetch-1775955538416","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (RAAF Base Darwin 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 (RAAF Base Darwin 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 RAAF Base Darwin 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 (RAAF Base Darwin 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 RAAF Base Darwin Defence Aviation Area\n\n (1) For the purposes of subsection 117AC(1) of the Act, the RAAF Base Darwin Defence Aviation Area is declared to be a defence aviation area.\n\n (2) The RAAF Base Darwin Defence Aviation Area is the areas of land in the vicinity of RAAF Base Darwin in Northern Territory 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 RAAF Base Darwin 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 RAAF Base Darwin 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":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by its enabling provision (section 117AC of the Defence Act 1903) — declaring a defence aviation area and specifying applicable height restrictions. It has not expanded beyond this narrow, specific purpose."},"complexity_factors":["Very short instrument (only 6 substantive sections plus a map schedule)","Minimal defined terms (only 'Act' defined; relies on parent Act definitions)","No nested exceptions or conditional logic","Simple cross-reference structure (only references to Defence Act 1903, section 117AC)","Operative provisions are straightforward declarations and specifications","Visual map-based approach to defining boundaries rather than complex textual descriptions"],"plain_english_summary":"This declaration establishes a protected defence aviation area around RAAF Base Darwin that limits heights of buildings, structures and vegetation to preserve safe flight paths. It binds property owners, developers and local planning authorities in the mapped zone and gives Defence legal authority to control tall works (including cranes, towers or trees). The rule prevents obstacles that could endanger military aircraft during take‑off and landing."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument stays within the Act's delegated power: it declares a defence aviation area and specifies height restrictions for that mapped area (ss5–6). It neither adds new types of regulation beyond height limits nor extends the Act's statutory powers; boundaries are limited to the Schedule 1 map and explicitly exclude white space (s5(2)–(3))."},"complexity_factors":["Reliance on a graphical map and legend in Schedule 1 to define scope and rules introduces interpretive reliance on the map image (ss5(2), 6(2)).","Instrument is short and narrowly focused — only declares an area and prescribes height limits (ss5–6).","Uses defined terms from the Defence Act 1903 without restating definitions, requiring cross-reference to the parent Act (s4).","Commencement is tied to another Act's schedule, so effective date depends on external timing (s2).","Boundary clarity issue: white space on the map is explicitly excluded, which creates a binary inclusion rule but may raise practical surveying/measurement questions for compliance (s5(3)).","Decision-making discretion sits with the Minister under the Act for making the declaration; this instrument records the outcome rather than setting a multi-step approval process (s3, s5(1))."],"plain_english_summary":"This declaration, made under subsection 117AC(1) of the Defence Act, designates the land shown in Schedule 1 around RAAF Base Darwin as a defence aviation area and applies height restrictions to buildings, structures and objects within it (ss5(1)–(3), 6(1)–(2)).\n\nIt affects landowners, developers and planners near the base by limiting permitted heights according to the map legend; compliance costs fall to property owners, and the Minister/Act mechanism controls the mapped boundaries and restrictions (s3, s5, s6)."}},"importantCases":[],"_links":{"self":"/api/acts/defence-raaf-base-darwin-defence-aviation-area-declaration-2018","history":"/api/acts/defence-raaf-base-darwin-defence-aviation-area-declaration-2018/history","analysis":"/api/acts/defence-raaf-base-darwin-defence-aviation-area-declaration-2018/analysis","conflicts":"/api/acts/defence-raaf-base-darwin-defence-aviation-area-declaration-2018/conflicts","importantCases":"/api/acts/defence-raaf-base-darwin-defence-aviation-area-declaration-2018/important-cases","documents":"/api/acts/defence-raaf-base-darwin-defence-aviation-area-declaration-2018/documents"}}