{"id":"F2021L01770","name":"Defence (RAAF Base Point Cook Defence Aviation Area) Declaration 2021","slug":"defence-raaf-base-point-cook-defence-aviation-area-declaration-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441106,"registerId":"F2021L01770-fast-fetch-1775956505046","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (RAAF Base Point Cook Defence Aviation Area) Declaration 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nDefence (RAAF Base Point Cook Defence Aviation Area) Declaration 2021\n\nI, Melissa Price, Minister for Defence Industry, make the following declaration.\n\nDated  4 October 2021  \n\nMelissa Price  \n\nMinister for Defence Industry\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 Point Cook Defence Aviation Area\n\n             6           Specification of height restrictions that apply within the area         1\n\nSchedule 1—Map 2\n\n \n\n \n\n1  Name\n\n  This instrument is the Defence (RAAF Base Point Cook Defence Aviation Area) Declaration 2021.\n\n2  Commencement\n\n  This instrument commences on the day after this instrument is registered.\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 Point Cook Defence Aviation Area\n\n (1) For the purposes of subsection 117AC(1) of the Act, the RAAF Base Point Cook Defence Aviation Area is declared to be a defence aviation area.\n\n (2) The RAAF Base Point Cook Defence Aviation Area is the areas of land in the vicinity of RAAF Base Point Cook 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 Point Cook Defence Aviation Area.\n\n \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 Point Cook 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\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 Point Cook Defence Aviation Area.\n\n\n\n\nSchedule 1—Map\n\nSee sections 5 and 6\n\n \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":"The instrument remains tightly focused on its original purpose: declaring a defence aviation area and specifying height restrictions for RAAF Base Point Cook. There is no evidence of scope creep — it does exactly what the enabling provision (Defence Act 1903, section 117AC) authorises and nothing more."},"complexity_factors":["Very short instrument (6 sections plus a map)","Only 1 defined term ('Act') in the interpretation section","Single cross-reference to the Defence Act 1903 (subsection 117AC(1))","No nested exceptions or conditional logic — straightforward declaratory language","Substantive content (boundaries and height limits) delegated entirely to a map in Schedule 1 rather than textual description","Simple 'to avoid doubt' clarifications rather than complex provisos"],"plain_english_summary":"This instrument declares a defence aviation area around RAAF Base Point Cook that legally limits the height of buildings, structures, trees and other objects to protect aircraft operations. The exact zone and limits are shown on a map (Schedule 1).\n\nIt affects property owners, developers and planning authorities in the mapped area and gives the RAAF statutory protection to reduce collision risks by ensuring local planning must respect the height constraints."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument exercises the power in subsection 117AC(1) of the Defence Act to declare a specific defence aviation area and to specify height restrictions (ss5–6, Schedule 1). It does not amend the Act or expand the statutory power; it defines spatial scope by reference to the attached map and excludes areas shown as white space."},"complexity_factors":["Map-dependent spatial definition (Schedule 1) requires interpretation of mapped boundaries rather than textual coordinates","Cross-references to the Defence Act definitions (instrument relies on section 4 of the Act and s117AC(1))","Height restrictions apply to both man-made and natural objects (including trees) (s6(1)), broadening what must be assessed or altered","White-space exclusion on the map (s5(3), s6(3)) creates potential edge-case uncertainty around exact included parcels","Ministerial exercise of power is formulaic but grants limited administrative discretion in declaration; implementation relies on mapping accuracy","Compliance burden falls on landowners/developers/aviators who must measure/modify structures to conform with the legend-based limits"],"plain_english_summary":"This instrument declares land around RAAF Base Point Cook (Victoria) to be a defence aviation area and imposes mapped height limits on buildings, structures and objects (including trees). (ss5–6, Schedule 1)\n\nMade by the Minister under s117AC(1) of the Defence Act, it affects landowners, developers and aviators by creating compliance obligations and potential costs to ensure objects remain below the specified heights."}},"importantCases":[],"_links":{"self":"/api/acts/defence-raaf-base-point-cook-defence-aviation-area-declaration-2021","history":"/api/acts/defence-raaf-base-point-cook-defence-aviation-area-declaration-2021/history","analysis":"/api/acts/defence-raaf-base-point-cook-defence-aviation-area-declaration-2021/analysis","conflicts":"/api/acts/defence-raaf-base-point-cook-defence-aviation-area-declaration-2021/conflicts","importantCases":"/api/acts/defence-raaf-base-point-cook-defence-aviation-area-declaration-2021/important-cases","documents":"/api/acts/defence-raaf-base-point-cook-defence-aviation-area-declaration-2021/documents"}}