{"id":"F2018L00356","name":"Defence (RAAF Base Learmonth Defence Aviation Area) Declaration 2018","slug":"defence-raaf-base-learmonth-defence-aviation-area-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439566,"registerId":"F2018L00356-fast-fetch-1775955542698","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (RAAF Base Learmonth 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 Learmonth 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 Learmonth 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 Learmonth 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 Learmonth Defence Aviation Area\n\n (1) For the purposes of subsection 117AC(1) of the Act, the RAAF Base Learmonth Defence Aviation Area is declared to be a defence aviation area.\n\n (2) The RAAF Base Learmonth Defence Aviation Area is the areas of land in the vicinity of RAAF Base Learmonth in Western Australia 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 Learmonth 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 Learmonth 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":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not change the statutory scope of the Defence Act. It exercises delegated power to declare a specific defence aviation area and to apply height restrictions within the mapped boundaries (s3; s5; s6). It restricts land use within the designated area but does not expand or remove the categories of persons or functions covered by the Act."},"complexity_factors":["Uses a single, map‑based geographic designation rather than complex text rules (Schedule 1; s5(2)).","Cross‑references statutory authority and definitions in the Defence Act, requiring readers to consult the Act for full meaning (s3; s4).","Imposes discrete regulatory effect — height limits on structures and vegetation — specified only by map legend, which shifts interpretive effort to spatial reading of the map (s6(1)–(2); Schedule 1).","Commencement is tied to another enactment, so timing depends on external legislation (s2).","Instrument sets policy endpoints but omits procedural/enforcement detail, leaving implementation and compliance mechanics to the Defence Act or subordinate processes (s3).","Potential compliance burden is concentrated on landowners and developers within the mapped area who must verify limits against the map (s5(2); s6(1))."],"plain_english_summary":"This instrument designates land around RAAF Base Learmonth (shown on the Schedule 1 map) as a \"defence aviation area\" and imposes map‑specified height limits on buildings, structures and natural objects (including trees) within that area. It affects landowners, developers and local planners in the depicted area by restricting how tall things can be; compliance costs or approval needs will fall on those parties. The declaration is made under the Defence Act and operates by reference to the attached map and legend."},"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 and specifying applicable height restrictions. It has not expanded beyond this narrow, technical purpose."},"complexity_factors":["Extremely short instrument (only 6 substantive sections plus a map schedule)","Minimal defined terms — only one definition ('Act') plus a note referring to existing definitions in the parent Act","No nested exceptions or conditional logic — straightforward declaratory language","Single cross-reference to the Defence Act 1903 (the enabling legislation)","Operational detail (height limits) delegated entirely to the map legend rather than legislative text","Simple structure: name, commencement, authority, definitions, declaration, restrictions, map"],"plain_english_summary":"This instrument declares land around RAAF Base Learmonth a “defence aviation area,” imposing legally enforceable height limits on buildings, structures and trees shown on the accompanying map (white spaces are excluded). It affects nearby property owners, developers and local planning authorities by capping development heights to protect RAAF flight operations, preventing obstacles that could endanger take‑offs, landings and training—without banning development outright."}},"importantCases":[],"_links":{"self":"/api/acts/defence-raaf-base-learmonth-defence-aviation-area-declaration-2018","history":"/api/acts/defence-raaf-base-learmonth-defence-aviation-area-declaration-2018/history","analysis":"/api/acts/defence-raaf-base-learmonth-defence-aviation-area-declaration-2018/analysis","conflicts":"/api/acts/defence-raaf-base-learmonth-defence-aviation-area-declaration-2018/conflicts","importantCases":"/api/acts/defence-raaf-base-learmonth-defence-aviation-area-declaration-2018/important-cases","documents":"/api/acts/defence-raaf-base-learmonth-defence-aviation-area-declaration-2018/documents"}}