{"id":"F2018L00353","name":"Defence (RAAF Base Scherger Defence Aviation Area) Declaration 2018","slug":"defence-raaf-base-scherger-defence-aviation-area-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439561,"registerId":"F2018L00353-fast-fetch-1775955540561","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (RAAF Base Scherger 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 Scherger 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 Scherger 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 Scherger 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 Scherger Defence Aviation Area\n\n (1) For the purposes of subsection 117AC(1) of the Act, the RAAF Base Scherger Defence Aviation Area is declared to be a defence aviation area.\n\n (2) The RAAF Base Scherger Defence Aviation Area is the areas of land in the vicinity of RAAF Base Scherger in Queensland 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 Scherger 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 Scherger 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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument exercises the power in subsection 117AC of the Defence Act to declare a defence aviation area and prescribe height limits for that area; it does not alter the Defence Act’s substantive powers or expand the statutory mechanism beyond declaring area and specifying legend-based height restrictions (ss3–6, Schedule 1)."},"complexity_factors":["Map-defined boundary: primary effect depends on the Schedule 1 map’s precision and interpretation (ss5(2), Schedule 1).","Legend-based rules: height restrictions are specified by the map legend and apply in corresponding map zones (s6(2), Schedule 1).","Reliance on external definitions: several operative terms are taken from section 4 of the Defence Act, requiring cross-reference to understand scope (s4).","Commencement linkage: effect starts with another statute’s commencement (Defence Legislation Amendment (Instrument Making) Act 2017, noted in s2), creating timing dependency.","Breadth of covered items: restrictions explicitly include buildings, structures and objects (including trees and natural obstacles), widening practical compliance considerations (s6(1)).","Limited procedural detail: instrument declares restrictions but does not set out enforcement, approval or compensation processes, requiring reference to the Act for implementation (ss3,5–6).","Map white-space rule: the instrument expressly excludes areas shown as white space on the map, making boundary inclusion partly a cartographic question (s5(3)).","Potential technical compliance needs: determining whether a particular item or proposed work breaches a height band will often require surveying and technical measurement against the mapped legend (s6)."],"plain_english_summary":"This instrument declares land around RAAF Base Scherger in Queensland to be a defence aviation area and imposes map-defined height limits on buildings, structures and objects (including trees) within that area. The Minister made the declaration under the Defence Act and fixed the area and the applicable height restrictions by reference to the Schedule 1 map and legend (see ss3–6). Landowners, developers and occupiers inside the mapped area must ensure works and vegetation comply with the legend’s height limits, which may require altering, removing or restricting new development."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow, technical function it was designed for: declaring a specific defence aviation area with associated height restrictions. It has not expanded beyond its original purpose of protecting RAAF Base Scherger airspace."},"complexity_factors":["Very short instrument — only 6 operative sections plus a map schedule","Minimal defined terms — only one definition ('Act'), with others incorporated by reference from the parent Act","No nested exceptions or conditional logic — straightforward declaratory language","Single cross-reference to the Defence Act 1903 for substantive powers","Operative effect depends entirely on external map (Schedule 1), which is not legible in this text version"],"plain_english_summary":"This instrument declares land around RAAF Base Scherger a defence aviation area with legally enforceable height limits on buildings, structures and vegetation shown on an accompanying map. \n\nIt affects nearby property owners, developers and planning authorities by imposing overrides to ordinary planning rules to protect RAAF operations, ensuring clear airspace for safe military take-offs, landings and low‑level flying."}},"importantCases":[],"_links":{"self":"/api/acts/defence-raaf-base-scherger-defence-aviation-area-declaration-2018","history":"/api/acts/defence-raaf-base-scherger-defence-aviation-area-declaration-2018/history","analysis":"/api/acts/defence-raaf-base-scherger-defence-aviation-area-declaration-2018/analysis","conflicts":"/api/acts/defence-raaf-base-scherger-defence-aviation-area-declaration-2018/conflicts","importantCases":"/api/acts/defence-raaf-base-scherger-defence-aviation-area-declaration-2018/important-cases","documents":"/api/acts/defence-raaf-base-scherger-defence-aviation-area-declaration-2018/documents"}}