{"id":"F2024L00990","name":"Defence (Shoalwater Bay—Defence Area) Declaration 2024","slug":"defence-shoalwater-bay-defence-area-declaration-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105328,"registerId":"commonwealth-F2024L00990-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 (Shoalwater Bay—Defence Area) Declaration 2024.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the day after this instrument is registered.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 58(1) of the Defence Regulation 2016.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Schedules","content":"#### 4 Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Declaration of Defence Area—Shoalwater Bay Training Area","content":"#### 5 Declaration of Defence Area—Shoalwater Bay Training Area\n\n  (1) The Shoalwater Bay Training Area is declared to be a defence area for use for the defence purpose of preparing for and conducting military exercises and post‑exercise activities.\n  (2) The Shoalwater Bay Training Area comprises the areas depicted in the maps set out in Schedule 1 to this instrument, including:\n  (a) the areas of land; and\n  (b) the areas of sea, including the high water mark of the coastlines.\n\n> Note: Map B in Schedule 1 is an expanded view of a section of Map A.\n\n  (3) The Shoalwater Bay Training Area does not include:\n  (a) Stanage Bay Road\n  (b) Stoodleigh Road\n  (c) Glenprairie Road\n  (d) Bald Hills Road\n  (e) Pine Mountain Road\n  (f) Hennessy Road\n  (4) Entry into the Shoalwater Bay Training Area is prohibited at all times.","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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument appears to serve its original intended purpose: declaring a specific defence training area and restricting access to it. There is no evidence of scope creep — it does exactly what its title suggests and what the enabling regulation (Defence Regulation 2016) authorises."},"complexity_factors":["Very short instrument (only 5 sections, approximately 200 words)","Only one substantive operational provision (section 5) with straightforward declaration and exclusion","No defined terms section — relies on ordinary meaning of words","Minimal cross-referencing (only references to Defence Regulation 2016 and internal Schedule 1)","Simple structure: declaration, purpose, geographic scope, exclusions, and blanket prohibition","No conditional logic, exceptions to exceptions, or temporal limitations beyond 'at all times'"],"plain_english_summary":"This declaration formally designates the Shoalwater Bay Training Area in Queensland as a defence area, banning public entry and giving the Australian Defence Force legal authority to control access for military exercises and related activities.  \n\nIt affects anyone using the area for fishing, boating, hiking or living nearby (six public roads are excluded), and creates a criminal offence for unauthorised entry to protect safety and operational security."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument establishes and defines the Shoalwater Bay Training Area and its access rules. The text supplied does not itself indicate an expansion or reduction to any previously declared defence area; Section 4 permits schedule-based amendments to other instruments, but the supplied content only contains the area maps and exclusions."},"complexity_factors":["Single-purpose statutory declaration that simply designates an area for military exercises (clear primary objective).","Geographic scope depends on maps in Schedule 1, requiring spatial interpretation and reference to cartography.","Explicit exclusions of six named roads (Section 5(3)) narrow the declared area and require precise boundary application.","Absolute prohibition on entry at all times (Section 5(4)) creates an enforcement and compliance burden for users and authorities.","Commencement and legal authority are straightforward (commences day after registration; made under subsection 58(1) of the Defence Regulation 2016).","Section 4’s schedules mechanism allows amendments or repeals of other instruments, creating potential cross-instrument effects if other schedules are used."],"plain_english_summary":"This instrument declares the Shoalwater Bay Training Area a defence area for preparing and conducting military exercises and post‑exercise activities. The area covers land and adjacent sea as shown in Schedule 1 (maps), excludes six named roads, comes into force the day after registration, and expressly prohibits entry at all times, affecting members of the public and any land or sea users who would otherwise access the area."}},"importantCases":[],"_links":{"self":"/api/acts/defence-shoalwater-bay-defence-area-declaration-2024","history":"/api/acts/defence-shoalwater-bay-defence-area-declaration-2024/history","analysis":"/api/acts/defence-shoalwater-bay-defence-area-declaration-2024/analysis","conflicts":"/api/acts/defence-shoalwater-bay-defence-area-declaration-2024/conflicts","importantCases":"/api/acts/defence-shoalwater-bay-defence-area-declaration-2024/important-cases","documents":"/api/acts/defence-shoalwater-bay-defence-area-declaration-2024/documents"}}