{"id":"F2018L00357","name":"Defence (RAAF Base Pearce and Gingin Airfield Defence Aviation Area) Declaration 2018","slug":"defence-raaf-base-pearce-and-gingin-airfield-defence-aviation-area-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439565,"registerId":"F2018L00357-fast-fetch-1775955542650","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (RAAF Base Pearce and Gingin 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 (RAAF Base Pearce and Gingin 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 RAAF Base Pearce and Gingin 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 (RAAF Base Pearce and Gingin 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 RAAF Base Pearce and Gingin Airfield Defence Aviation Area\n\n (1) For the purposes of subsection 117AC(1) of the Act, the RAAF Base Pearce and Gingin Airfield Defence Aviation Area is declared to be a defence aviation area.\n\n (2) The RAAF Base Pearce and Gingin Airfield Defence Aviation Area is the areas of land in the vicinity of RAAF Base Pearce and Gingin Airfield 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 Pearce and Gingin 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 RAAF Base Pearce and Gingin 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\n\nSee sections 5 and 6\n\n![](image.002.png)\n","sortOrder":0}],"analysis":{"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 geographic area as a defence aviation area and specifying applicable height restrictions. There is no evidence of scope creep or expansion beyond the original statutory purpose."},"complexity_factors":["Very short instrument (6 sections plus schedule)","Only 1 defined term ('Act') in the instrument itself","Minimal cross-referencing (only to Defence Act 1903, section 117AC)","Straightforward declaratory structure with no conditional logic or exceptions","Substantive content (maps and height restrictions) contained in Schedule 1 which is referenced but not fully reproduced in text","No nested provisions or complex temporal arrangements"],"plain_english_summary":"This declaration establishes a Defence Aviation Area around RAAF Base Pearce and Gingin Airfield, imposing height controls on buildings, structures and trees to protect aircraft operations. It affects nearby property owners, developers and planning authorities who must heed the mapped limits (with some white-space exclusions) and may need Defence approval before building or planting above specified heights."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument exercises the power in subsection 117AC(1) of the Defence Act to declare a defence aviation area and specify height restrictions by map and legend. It does not itself broaden or narrow the Act's statutory powers; it implements those powers for the specified geographic area and ties commencement to the referenced amendment Act (s2, s3, s5, s6)."},"complexity_factors":["Reliance on a map and legend in Schedule 1 to define the substantive area and height bands rather than textually specifying coordinates or limits (s5(2); s6(2)).","Cross-reference to substantive powers and definitions in the Defence Act, requiring readers to consult that Act for key terms (Authority: made under s117AC(1) of the Act; definitions in s4 of the Act) (s3; s4 note).","Operational burden falls on landowners/occupiers to ensure buildings, structures and vegetation comply with height restrictions, creating potential costs for modification, removal or approvals (s6(1)).","Legal clarity depends on map presentation (white space expressly excluded), which can create interpretation questions about marginal areas or features near map boundaries (s5(3); Schedule 1).","Commencement timing linked to another Act (Defence Legislation Amendment (Instrument Making) Act 2017), adding a procedural dependency for when the restrictions take effect (s2)."],"plain_english_summary":"This declaration names land around RAAF Base Pearce and Gingin Airfield (WA) as a defence aviation area and imposes map‑based height limits on buildings, structures and objects (including trees). The Minister made the declaration under the Defence Act, and the map and legend in Schedule 1 set the applicable height bands. Landowners and occupiers must keep constructions and vegetation within those bands, so they bear compliance costs and may need to alter or remove items to comply."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/defence-raaf-base-pearce-and-gingin-airfield-defence-aviation-area-declaration-2018","history":"/api/acts/defence-raaf-base-pearce-and-gingin-airfield-defence-aviation-area-declaration-2018/history","analysis":"/api/acts/defence-raaf-base-pearce-and-gingin-airfield-defence-aviation-area-declaration-2018/analysis","conflicts":"/api/acts/defence-raaf-base-pearce-and-gingin-airfield-defence-aviation-area-declaration-2018/conflicts","importantCases":"/api/acts/defence-raaf-base-pearce-and-gingin-airfield-defence-aviation-area-declaration-2018/important-cases","documents":"/api/acts/defence-raaf-base-pearce-and-gingin-airfield-defence-aviation-area-declaration-2018/documents"}}