{"id":"F2018L00354","name":"Defence (RAAF Base Tindal Defence Aviation Area) Declaration 2018","slug":"defence-raaf-base-tindal-defence-aviation-area-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439564,"registerId":"F2018L00354-fast-fetch-1775955542646","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (RAAF Base Tindal 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 Tindal 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 Tindal 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 Tindal 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 Tindal Defence Aviation Area\n\n (1) For the purposes of subsection 117AC(1) of the Act, the RAAF Base Tindal Defence Aviation Area is declared to be a defence aviation area.\n\n (2) The RAAF Base Tindal Defence Aviation Area is the areas of land in the vicinity of RAAF Base Tindal in Northern Territory 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 Tindal 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 Tindal 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":"The instrument does not alter the statutory scope of the Defence Act; it operationalises that scope by declaring a specific defence aviation area and specifying height restrictions for that area (see ss5–6). It adds geographic and vertical limits but does not expand or contract the Act's underlying powers."},"complexity_factors":["Map‑based geographic delimitation: the precise area is set by the Schedule 1 map rather than descriptive text (see s5(2) and Schedule 1).","Height restrictions applied to both built and natural items: covers buildings, structures and objects, explicitly including trees and natural obstacles (see s6(1)).","Legend‑driven rule application: different restrictions are applied according to the map legend (see s6(2)), requiring cross‑reference between map and instrument.","Statutory authority and timing: made under subsection 117AC(1) of the Defence Act 1903 and commences with a separate amendment Act (see s3 and s2), creating a dependency on external commencement timing.","Exclusion clarity: white space on the map is expressly not included (see s5(3)), so negative space affects scope and compliance.","Limited procedural detail: the instrument specifies area and limits but does not set out enforcement, approval, or application processes, leaving administrative implementation to the Defence Act framework (implicit from instrument content).","Low textual complexity: short, narrowly focused instrument with few operative clauses."],"plain_english_summary":"This instrument formally declares the land around RAAF Base Tindal (Northern Territory) a defence aviation area and imposes map-based height limits on buildings, structures and objects (including trees) within that area. It affects landowners, developers and occupiers inside the mapped zones by limiting vertical development and vegetation; compliance is measured against the Schedule 1 map and its legend. The declaration is made under the Defence Act 1903 and commences as specified in the instrument."},"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 section 117AC of the Defence Act 1903 — declaring a specific defence aviation area with associated height restrictions. It has not expanded beyond its 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 conditional logic (simple 'for the purposes of' references)","Primary content is a map in Schedule 1 (visual rather than textual complexity)"],"plain_english_summary":"This legislation creates a **protected airspace zone** around RAAF Base Tindal in the Northern Territory.\n\n**What it does:**\n- Declares the area around RAAF Base Tindal to be a \"defence aviation area\" — a special zone where building heights are restricted\n- Sets height limits for buildings, structures, trees and other objects within this zone\n- These restrictions are shown on a map (Schedule 1) with different height limits applying to different areas\n\n**Who it affects:**\n- Property owners and developers near RAAF Base Tindal\n- Local councils and planning authorities who must enforce these height restrictions\n- Anyone wanting to build tall structures (including tall trees) in the designated area\n\n**Why it matters:**\nThe restrictions protect aircraft safety by preventing obstacles that could interfere with military flight paths. The white spaces on the map are excluded from these restrictions, meaning normal building rules apply there."}},"importantCases":[],"_links":{"self":"/api/acts/defence-raaf-base-tindal-defence-aviation-area-declaration-2018","history":"/api/acts/defence-raaf-base-tindal-defence-aviation-area-declaration-2018/history","analysis":"/api/acts/defence-raaf-base-tindal-defence-aviation-area-declaration-2018/analysis","conflicts":"/api/acts/defence-raaf-base-tindal-defence-aviation-area-declaration-2018/conflicts","importantCases":"/api/acts/defence-raaf-base-tindal-defence-aviation-area-declaration-2018/important-cases","documents":"/api/acts/defence-raaf-base-tindal-defence-aviation-area-declaration-2018/documents"}}