{"id":"F2018L00334","name":"Defence (RAAF Base Townsville Defence Aviation Area) Declaration 2018","slug":"defence-raaf-base-townsville-defence-aviation-area-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439550,"registerId":"F2018L00334-fast-fetch-1775955534186","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (RAAF Base Townsville 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 Townsville 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 Townsville 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 Townsville 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 Townsville Defence Aviation Area\n\n (1) For the purposes of subsection 117AC(1) of the Act, the RAAF Base Townsville Defence Aviation Area is declared to be a defence aviation area.\n\n (2) The RAAF Base Townsville Defence Aviation Area is the areas of land in the vicinity of RAAF Base Townsville 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 Townsville 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 Townsville 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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument remains tightly focused on its original purpose: declaring a specific defence aviation area and setting height restrictions for RAAF Base Townsville. It has not expanded beyond this narrow, technical aviation safety function."},"complexity_factors":["Very short instrument (6 sections plus schedule)","Only 1 defined term ('Act') in the instrument itself","Minimal conditional logic — straightforward declaration and specification","No nested exceptions or complex cross-referencing beyond basic references to the parent Act","Relies entirely on an external map (Schedule 1) for substantive content — the legal effect is determined by visual reference rather than textual description","Single purpose instrument with linear structure"],"plain_english_summary":"This declaration creates a protected “defence aviation area” around RAAF Base Townsville that imposes height limits on buildings, structures and vegetation to safeguard aircraft operations. It binds property owners, developers and local planning authorities in the mapped zone, with boundaries and limits shown on the attached map (white areas on the map are excluded). The restriction preserves clear airspace for safe military take‑offs and landings."},"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 to apply height restrictions to that area. It sets the area and the restrictions solely by reference to the Schedule 1 map and legend (see ss 5–6) and does not itself amend the Defence Act or otherwise expand or contract powers beyond that declaration. Commencement is tied to the Defence Legislation Amendment (Instrument Making) Act 2017 (see s 2)."},"complexity_factors":["Relies on cross‑references to the Defence Act (subsection 117AC) for legal force (see s 3 and s 5).","Boundaries and specific limits are contained only in a map and its legend in Schedule 1, creating reliance on an external graphic for legal effect (see s 5(2), s 6(2)).","Commencement is linked to another Act's schedule, so timing depends on external legislation (see s 2).","Legal effect extends to natural objects (trees), widening the set of affected items beyond conventional built works (see s 6(1)).","The instrument is short on procedural detail about approvals, enforcement or appeals, leaving interaction with local planning regimes and enforcement mechanisms to other laws or practice (implicit from whole instrument).","Potential for uncertainty where the map shows white space that is expressly excluded, requiring careful map interpretation (see s 5(3))."],"plain_english_summary":"This declaration designates the land shown in Schedule 1 around RAAF Base Townsville as a \"defence aviation area\" and imposes mapped height limits on buildings, structures and objects (including trees). The Minister makes the declaration under the Defence Act; owners, developers and local planning authorities in the mapped area must comply with those height limits and bear the cost and delays of any required changes to development or vegetation."}},"importantCases":[],"_links":{"self":"/api/acts/defence-raaf-base-townsville-defence-aviation-area-declaration-2018","history":"/api/acts/defence-raaf-base-townsville-defence-aviation-area-declaration-2018/history","analysis":"/api/acts/defence-raaf-base-townsville-defence-aviation-area-declaration-2018/analysis","conflicts":"/api/acts/defence-raaf-base-townsville-defence-aviation-area-declaration-2018/conflicts","importantCases":"/api/acts/defence-raaf-base-townsville-defence-aviation-area-declaration-2018/important-cases","documents":"/api/acts/defence-raaf-base-townsville-defence-aviation-area-declaration-2018/documents"}}