{"id":"F2018L00338","name":"Defence (Remote ILS/TACAN Site Beermullah Defence Aviation Area) Declaration 2018","slug":"defence-remote-ils-tacan-site-beermullah-defence-aviation-area-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439551,"registerId":"F2018L00338-fast-fetch-1775955536261","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (Remote ILS/TACAN Site Beermullah 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 (Remote ILS/TACAN Site Beermullah 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 Remote ILS/TACAN Site Beermullah 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 (Remote ILS/TACAN Site Beermullah 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 Remote ILS/TACAN Site Beermullah Defence Aviation Area\n\n (1) For the purposes of subsection 117AC(1) of the Act, the Remote ILS/TACAN Site Beermullah Defence Aviation Area is declared to be a defence aviation area.\n\n (2) The Remote ILS/TACAN Site Beermullah Defence Aviation Area is the areas of land in the vicinity of Remote ILS/TACAN Site Beermullah in Western Australia 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 Remote ILS/TACAN Site Beermullah 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 Remote ILS/TACAN Site Beermullah 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":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument appears to serve its original narrow purpose: declaring a specific defence aviation area for a specific navigation facility. There is no evidence of scope creep — it does exactly what the enabling provision (Defence Act s 117AC) contemplates, which is declaring areas and specifying height restrictions to protect aviation safety."},"complexity_factors":["Very short instrument (6 sections plus a map schedule)","Only 1 defined term ('Act') in the instrument itself, though it references definitions in the parent Act","Minimal conditional logic — essentially declaratory with straightforward application rules","No nested exceptions or complex cross-referencing beyond the parent Act","Operational detail contained in visual map legend rather than legislative text"],"plain_english_summary":"This is a short legal instrument that creates a restricted zone around a military navigation facility in Western Australia called 'Remote ILS/TACAN Site Beermullah'. \n\n**What it does:**\n- Declares a specific patch of land near Beermullah, WA as a 'defence aviation area' — a special zone where building heights are controlled\n- Sets height limits for anything that could obstruct aircraft navigation signals — this includes buildings, towers, trees, and even natural terrain\n- The restrictions are shown on a map (Schedule 1), with different height limits applying to different coloured zones\n\n**Who it affects:**\n- Landowners and developers in the declared area near Beermullah (about 80km north of Perth)\n- Anyone planning to build structures or plant tall vegetation in the zone\n- The Department of Defence, which operates the ILS/TACAN facility (Instrument Landing System/Tactical Air Navigation — basically radio beacons that help military aircraft land safely)\n\n**Why it matters:**\nTall objects near these navigation sites can interfere with radio signals that guide aircraft during landing, especially in poor weather. This declaration protects the safety of military flight operations by preventing incompatible development around this critical infrastructure. The height restrictions are legally enforceable — building something too tall could be an offence under the Defence Act."},"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"},"summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument establishes a new defence aviation area and associated height restrictions without altering or repealing any existing declarations."},"complexity_factors":["Site-specific instrument declaring a defence aviation area and imposing obstacle height restrictions by map reference.","Requires cross-referencing a map legend to determine applicable height limits on particular parcels of land."],"plain_english_summary":"This instrument declares a defence aviation area around the Remote ILS/TACAN navigation site at Beermullah (WA) under the Defence Act 1903, imposing map-based height limits on buildings, structures and vegetation to protect ILS and TACAN signals. It affects landowners, developers and managers within the shaded area on the Schedule 1 map — check the legend and map carefully — and does not alter areas outside the boundary or general aviation rules."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not expand the statutory classes covered by the Defence Act; it simply identifies a specific area and applies map‑based height restrictions as authorised by subsection 117AC. It limits its reach to the geographic area and legended heights shown in Schedule 1 and does not amend the Act or broaden the legal test for a defence aviation area."},"complexity_factors":["Single, map-based spatial definition (Schedule 1) rather than lengthy textual boundaries (s5(2))","Uses statutory authority under subsection 117AC(1) of the Defence Act — delegation of decision to Minister (s3, s5(1))","Height restrictions apply to both manmade and natural features, widening practical impact (s6(1))","Technical detail of limits is embedded in the map legend rather than in text (s6(2))","Implementation and enforcement mechanisms are not specified in this instrument, requiring reference to other Defence Act provisions","Impacts concentrated on local landowners/developers who must verify map coverage and adjust proposals"],"plain_english_summary":"This instrument declares the land around the Remote ILS/TACAN Site Beermullah (Western Australia) to be a defence aviation area under the Defence Act and sets map-based maximum heights for buildings, structures and natural objects. The declaration and the specific height limits are fixed by the map in Schedule 1.\n\nIt affects landowners, developers and anyone proposing tall structures near the site: they must comply with the mapped height limits (or alter plans) and bear any costs of compliance. The Minister makes the declaration under the Act; the map determines the exact spatial and height restrictions."}},"importantCases":[],"_links":{"self":"/api/acts/defence-remote-ils-tacan-site-beermullah-defence-aviation-area-declaration-2018","history":"/api/acts/defence-remote-ils-tacan-site-beermullah-defence-aviation-area-declaration-2018/history","analysis":"/api/acts/defence-remote-ils-tacan-site-beermullah-defence-aviation-area-declaration-2018/analysis","conflicts":"/api/acts/defence-remote-ils-tacan-site-beermullah-defence-aviation-area-declaration-2018/conflicts","importantCases":"/api/acts/defence-remote-ils-tacan-site-beermullah-defence-aviation-area-declaration-2018/important-cases","documents":"/api/acts/defence-remote-ils-tacan-site-beermullah-defence-aviation-area-declaration-2018/documents"}}