{"id":"F2025L00017","name":"Defence (RAAF Base Williamtown Defence Aviation Area) Declaration 2024","slug":"defence-raaf-base-williamtown-defence-aviation-area-declaration-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105801,"registerId":"commonwealth-F2025L00017-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Defence (RAAF Base Williamtown Defence Aviation Area) Declaration 2024.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the day after it is registered on the Federal Register of Legislation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 117AC(1) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Declaration of Defence Aviation Area","content":"#### 4 Declaration of Defence Aviation Area\n\n  (1) The area known as RAAF Base Williamtown is declared to be a defence aviation area.\n  (2) The RAAF Base Williamtown Defence Aviation Area is the areas of land, sea and airspace in the vicinity of RAAF Base Williamtown in New South Wales that are depicted on the plan set out in Schedule 1 to this instrument.\n  (3) To avoid doubt, areas depicted by white space on the plan set out in Schedule 1 are not included in the RAAF Base Williamtown Defence Aviation Area.\n\n> Note: defence aviation area is defined in section 4 of the Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Specification of height restrictions","content":"#### 5 Specification of height restrictions\n\n  For the purposes of subsection 117AC(3) of the Act, height restrictions apply in relation to buildings, structures and objects (including trees and other natural obstacles) within the RAAF Base Williamtown Defence Aviation Area.\n\n  (2) The height restrictions described in the legend to the plan set out in Schedule 1 apply in the corresponding area depicted on the plan.\n\n  \n\nSchedule 1—Plan\n\n![A map depicting the RAAF Base Williamtown Defence Aviation Area Plan in New South Wales](image.002.jpeg)","sortOrder":4}],"analysis":{"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument implements the statutory power in subsection 117AC(1) by declaring a defence aviation area and specifying height restrictions via Schedule 1. It applies the Act's mechanisms to a specific location without expanding the Act's expressed legislative scope."},"complexity_factors":["Reliance on the graphic plan and legend in Schedule 1 to define precise boundaries and height limits (s4(2), s5(2))","Interaction with defined terms in the Act (eg. \"defence aviation area\" and statutory subsections cited in the instrument) requires cross-reference to primary legislation (Authority: s3; note references s117AC(1) and s117AC(3))","Potential ambiguity about what counts as 'objects' and natural obstacles (trees) and how heights are measured (s5(1))","Administrative discretion by Defence in declaring areas and publishing limits under the Act (s3 authority) creates operational implementation questions","Compliance burden on multiple private parties (owners, developers, occupiers) who must check the plan and adjust proposals","Spatial exclusion by white space on the plan introduces edge-case disputes about inclusion/exclusion of parcels (s4(3))","Commencement timing tied to registration may affect projects in progress (s2)"],"plain_english_summary":"This instrument declares the land, sea and airspace around RAAF Base Williamtown to be a defence aviation area under subsection 117AC(1) of the Act and imposes height limits on buildings, structures and objects within the mapped area. It affects landowners, occupiers and developers inside the boundary shown in Schedule 1 (white space on the plan is excluded); Defence determines the exact limits by the plan and legend, creating enforceable development constraints and compliance obligations."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by its enabling provision (Defence Act subsection 117AC(1)): declaring a specific defence aviation area and specifying applicable height restrictions. It has not expanded beyond this narrow, technical purpose."},"complexity_factors":["Very short instrument (5 sections plus schedule)","Only 1 defined term referenced externally ('defence aviation area' defined in parent Act)","Simple conditional logic (subsection 4(3) clarifies exclusion of white spaces)","Single cross-reference to parent Act (Defence Act, subsection 117AC)","Substantive content contained in visual map rather than legislative text","No nested exceptions or complex temporal provisions"],"plain_english_summary":"This law establishes a Defence Aviation Area around RAAF Base Williamtown that imposes mapped height limits on buildings, structures, trees and other objects to keep military flight paths clear. White spaces on the map are excluded.\n\nIt affects property owners, developers and councils in the Newcastle/Port Stephens area: building too tall without approval can be an offence under the Defence Act, so affected parties must check the plan before developing."}},"importantCases":[],"_links":{"self":"/api/acts/defence-raaf-base-williamtown-defence-aviation-area-declaration-2024","history":"/api/acts/defence-raaf-base-williamtown-defence-aviation-area-declaration-2024/history","analysis":"/api/acts/defence-raaf-base-williamtown-defence-aviation-area-declaration-2024/analysis","conflicts":"/api/acts/defence-raaf-base-williamtown-defence-aviation-area-declaration-2024/conflicts","importantCases":"/api/acts/defence-raaf-base-williamtown-defence-aviation-area-declaration-2024/important-cases","documents":"/api/acts/defence-raaf-base-williamtown-defence-aviation-area-declaration-2024/documents"}}