{"id":"F2018L00344","name":"Defence (RAAF Base East Sale Defence Aviation Area) Declaration 2018","slug":"defence-raaf-base-east-sale-defence-aviation-area-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439558,"registerId":"F2018L00344-fast-fetch-1775955538447","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (RAAF Base East Sale 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 East Sale 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 East Sale 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 East Sale 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 East Sale Defence Aviation Area\n\n (1) For the purposes of subsection 117AC(1) of the Act, the RAAF Base East Sale Defence Aviation Area is declared to be a defence aviation area.\n\n (2) The RAAF Base East Sale Defence Aviation Area is the areas of land in the vicinity of RAAF Base East Sale in Victoria 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 East Sale 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 East Sale 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"},"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 specific defence aviation area with height restrictions. It has not expanded beyond this narrow, technical purpose."},"complexity_factors":["Very short instrument (6 sections plus schedule)","Only 1 defined term ('Act') in the instrument itself","Minimal conditional logic — straightforward declaratory provisions","No nested exceptions or complex cross-referencing beyond basic references to the parent Act","Substantive content largely contained in an attached map rather than legislative text","Relies on existing definitions in the Defence Act 1903 rather than creating new ones"],"plain_english_summary":"This declaration creates a legally protected defence aviation area around RAAF Base East Sale, with mapped boundaries and enforceable height limits on buildings, structures and vegetation.  \n\nIt affects nearby property owners, developers and planning authorities by restricting developments that could obstruct aircraft operations—ensuring flight safety and providing legal clarity for land use near the base."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument simply declares the RAAF Base East Sale area a defence aviation area and specifies map-based height restrictions (ss 5–6). It exercises the power granted by subsection 117AC(1) of the Defence Act (s3) and does not, on its face, expand or narrow that statutory power beyond identifying the area and the applicable height limits."},"complexity_factors":["Narrow, concrete effect: declares a specific geographic area and applies map-based height limits (s5(2), Schedule 1).","Depends on external statutory definitions and power in the Defence Act (authority cited at s3; note referring to s4 definitions).","Operational detail delegated to the map legend (height bands) rather than textual rules—requires cross-reference to Schedule 1 (s6(2)).","Implementation and enforcement mechanisms (permits, penalties, variation processes) are not set out here and rely on the Act or other instruments (s3, s6).","Directly imposes compliance obligations on private landholders and developers within the mapped area (s6(1))."],"plain_english_summary":"This instrument designates land around RAAF Base East Sale (Victoria) as a defence aviation area and imposes height limits on buildings, structures and objects (including trees) inside that area, using the map and legend in Schedule 1. It applies to landowners, developers and local planners near the base, who must ensure features comply with the specified heights. The Minister makes the declaration under subsection 117AC(1) of the Defence Act 1903."}},"importantCases":[],"_links":{"self":"/api/acts/defence-raaf-base-east-sale-defence-aviation-area-declaration-2018","history":"/api/acts/defence-raaf-base-east-sale-defence-aviation-area-declaration-2018/history","analysis":"/api/acts/defence-raaf-base-east-sale-defence-aviation-area-declaration-2018/analysis","conflicts":"/api/acts/defence-raaf-base-east-sale-defence-aviation-area-declaration-2018/conflicts","importantCases":"/api/acts/defence-raaf-base-east-sale-defence-aviation-area-declaration-2018/important-cases","documents":"/api/acts/defence-raaf-base-east-sale-defence-aviation-area-declaration-2018/documents"}}