Defence (RAAF Base Darwin Defence Aviation Area) Declaration 2018

Administered by Department of Defence

Legislation au F2018L00340 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Defence Personnel

Defence Act 1903

Defence (RAAF Base Darwin Defence Aviation Area) Declaration 2018

 

 

GENERAL SUMMARY

 

The Defence Act 1903 (the Act) has been amended by the Defence Legislation Amendment (Instrument Making) Act 2017 to insert new Part IXDDefence aviation areas. Part IXD enables the Minister to declare an area to be a defence aviation area, including height restrictions that apply to buildings, structures and objects within the area.

 

New section 117AD of the Act provides that the regulations may prescribe certain matters in relation to defence aviation areas. The Defence Amendment (Defence Aviation Areas) Regulations 2018 (the Amending Regulations) are made under section 117AD of the Act. The Amending Regulations insert new Part 11ADefence aviation areas in the Defence Regulation 2016 (the Defence Regulation).

 

This instrument is a declaration of a defence aviation area made under section 117AD of the Act. Together, Part IXD of the Act, Part 11A of the Defence Regulation, and declarations made under section 117AD of the Act replace the content of the Defence (Areas Control) Regulations 1989, which were scheduled to sunset on 1 April 2018.

 

The new scheme for defence aviation areas

 

Defence bases, air weapons ranges and low flying training areas play a significant role in the Defence strategy for Australia. They are essential for maintaining Defence’s high training standards, operational capability and ability to respond to emergencies. Safe aircraft operations at military and joint-user airfields are not only concerned with defence aviation, but are also essential for the safety of the local community. The new scheme for defence aviation areas imposes height controls around a number of defence airfields in order to provide obstacle-free airspace for aircraft, Defence navigation aids, radio equipment, and surveillance facilities such as airfield radars.

 

The new scheme for defence aviation areas is substantially the same as the scheme that was previously provided for in the Defence (Areas Control) Regulations 1989. The scheme includes:

 

  • legislative instruments declaring certain areas to be defence aviation areas, and specifying height restrictions that apply within those areas;

 

  • requirements to obtain approval before constructing a building, structure or object that either exceeds the height restrictions applying in a defence aviation area, or that will generate air turbulence or plumes above the height restrictions in a defence aviation area;

 

  • requirements to obtain approval before bringing in, having or using an object that is hazardous to aviation in a defence aviation area;

 

  • offences associated with constructing a building, structure or object, or bringing in, having or  using an object without a relevant approval, or in a way that breaches conditions of an approval;

 

  • powers to direct the removal, marking, lighting, screening, modification or relocation of a building, structure or object in a defence aviation area that exceeds the height restrictions or is otherwise hazardous to aviation, and offences if a person fails to comply with a notice;

 

  • provisions that are subject to monitoring  under Part 2 of the Regulatory Powers (Standard Provisions) Act 2014, as modified by section 117AF of the Act, enabling entry to property by consent or with a warrant to monitor compliance or to take action to deal with buildings, structures or objects in a defence aviation area that is hazardous to aviation;

 

  • provisions providing for compensation to cover loss of land value, loss or damage or expenses incurred in certain circumstances, or any acquisition of property that may occur; and

 

  • merits review by the Administrative Appeals Tribunal of decisions to refuse to grant an approval or to grant an approval on conditions, and directions in relation to the removal, marking, lighting, screening, modification or relocation of a building, structure or object.

 

In civil aviation, similar content is included in regulations made under the
Airport Act 1996 and the Civil Aviation Act 1988, but these regulations do not generally apply in relation to defence aviation.

 

Purpose of the Defence (RAAF Base Darwin Defence Aviation Area) Declaration 2018

 

This instrument declares an area in the vicinity of RAAF Base Darwin, in Northern Territory, to be a defence aviation area. The area is depicted in the map in Schedule 1, and includes height restrictions that apply throughout the area.

 

While the map has been improved, the boundaries of the defence aviation area and the applicable height restrictions are the same as those that were previously prescribed in Schedule 14 of the Defence (Areas Control) Regulations 1989.

 

Authority for Defence (RAAF Base Darwin Defence Aviation Area) Declaration 2018

 

This instrument is made under section 117AC of the Act. Under section 117AC, the Minister may, by legislative instrument, declare an area of land, sea or airspace in or adjacent to Australia to be a defence aviation area. The Minister must not declare an area unless the Minister is satisfied that it is necessary for the defence of Australia for any of the matters mentioned in paragraphs 117AD(a) to (c) of the Act to apply in relation to the area, and in particular, the matters are necessary for the purpose of preventing or reducing hazards to aircraft or aviation-related communication, navigation or surveillance. Matters mentioned in paragraphs 117AD(a) to (c) include:

 

  • the regulation or prohibition of the construction or use of buildings, structures or objects within defence aviation areas;
  • the regulation or prohibition of the bringing of objects into, or having objects within, defence aviation areas; or
  • the removal (in whole or in part), marking, lighting, screening, modification or relocation of buildings, structures or objects (including trees or other natural obstacles) within defence aviation areas.

 

Communication of information about defence aviation areas to the public

 

Defence has developed a webpage, which will be available on the Defence website, providing detailed information about declared defence aviation areas, the processes for applying for relevant approvals under Part 11A of the Defence Regulation, and information about hazardous objects. The webpage will include accessible versions of the map at Schedule 1.

 

Defence is also working with local councils and other relevant planning authorities to provide information about defence aviation areas and approval requirements under the Defence Regulation, which can, where relevant, be conveyed to members of the public who seek planning or buildings approvals within defence aviation areas. 

 

Operation of the Defence (RAAF Base Darwin Defence Aviation Area) Declaration 2018

 

Attachment A provides a provision-by-provision description of the operation of this instrument.

 

Legislative instrument

 

This declaration is a legislative instrument for the purposes of the Legislation Act 2003.

 

Consultation

 

It was not necessary to consult widely in relation to this declaration as the defence aviation area is the same as the affected area previously prescribed in the Defence (Areas Control) Regulations 1989. 

 

Commencement

 

This instrument commences on 26 March 2018.

 

Attachment

 

A: Provisions in the Defence (RAAF Base Darwin Defence Aviation Area) Declaration 2018.


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Defence (RAAF Base Darwin Defence Aviation Area) Declaration 2018

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the instrument

The Defence (RAAF Base Darwin Defence Aviation Area) Declaration 2018 sets out an area in the vicinity of RAAF Base Darwin to be a defence aviation area, and specifies height restrictions that apply to buildings, structures and objects within that area. The declaration means that the provisions of Part IXD of the Defence Act 1903 and Part 11A of the Defence Regulation 2016 apply within the area.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.


Attachment A –Provisions in the Defence (RAAF Base Darwin Defence Aviation Area) Declaration 2018

Section 1 – Name

 

Section 1 provides for the instrument’s name: Defence (RAAF Base Darwin Defence Aviation Area) Declaration 2018.

 

Section 2 – Commencement

 

Section 2 provides for the Defence (RAAF Base Darwin Defence Aviation Area) Declaration 2018  (the declaration) to commence at the same time as Part 2 of Schedule 1 to the Defence Legislation Amendment (Instrument Making) Act 2017 commences, which amended the Defence Act 1903 (the Act) to insert Part IXD – Defence aviation areas. The relevant Part of the amending Act commences on a day to be fixed by proclamation, which has been proclaimed to be 26 March 2018.

 

Section 3Authority

 

Section 3 provides that the declaration is made under subsection 117AC(1) of the Act.

 

Section 4 – Definition

 

This section includes a note that a number of expressions used in this instrument are defined in section 4 of the Act, including ‘defence aviation area’. 

 

In the declaration, ‘Act’ means the Defence Act 1903.

 

Section 5 – Declaration of RAAF Base Darwin Defence Aviation Area

 

Subsection 5(1) provides that for the purposes of subsection 117AC(1) of the Act, the RAAF Base Darwin Defence Aviation Area is declared to be a defence aviation area.

 

Subsection 5(2) provides that the ‘RAAF Base Darwin Defence Aviation Area’ is the areas of land in the vicinity of RAAF Base Darwin in Northern Territory that are depicted on the map set out in Schedule 1 to the instrument.  

 

Subsection 5(3) makes it clear that areas depicted by white space on the map set out in Schedule 1 are not included in the RAAF Base Darwin Defence Aviation Area.

 

Section 6Specification of height restrictions that apply within the area   

 

Subsection 6(1) provides that 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 Darwin Defence Aviation Area.

 

Subsection 6(2) provides that the height restrictions described in the legend to the map set out in Schedule 1 apply in the corresponding area depicted on the map.

 

 

Schedule 1 – Map

 

Schedule 1 contains the map depicting the RAAF Base Darwin Defence Aviation Area. It also includes various height restrictions that apply within the area, as described in the legend.

 

 

 

Overview

The Defence (RAAF Base Darwin Defence Aviation Area) Declaration 2018 was enacted to address the need for a structured and updated regulatory framework governing defence aviation areas in Australia, specifically around RAAF Base Darwin in the Northern Territory. This legislative instrument is a declaration made under section 117AC of the Defence Act 1903, which allows the Minister for Defence Personnel to declare areas of land, sea or airspace as defence aviation areas. The primary policy objective of this declaration is to ensure the safety and operational efficiency of defence aviation by imposing height restrictions and other regulatory measures within the specified area. The Defence (RAAF Base Darwin Defence Aviation Area) Declaration 2018 is part of a broader legislative overhaul introduced by the Defence Legislation Amendment (Instrument Making) Act 2017, which aimed to replace the outdated Defence (Areas Control) Regulations 1989 with a more contemporary and comprehensive regulatory scheme. This scheme includes provisions for obtaining approvals for constructions that might interfere with aviation activities, imposing penalties for non-compliance, and enabling Defence to take necessary actions to ensure airspace safety.

Scope and Application

The Defence (RAAF Base Darwin Defence Aviation Area) Declaration 2018 applies to the area in the vicinity of RAAF Base Darwin in the Northern Territory, declaring it a defence aviation area under Part IXD of the Defence Act 1903. This declaration imposes specific height restrictions on buildings, structures, and objects, including trees and other natural obstacles, within the designated area to ensure obstacle-free airspace for safe aircraft operations. The declaration is made under the authority of section 117AC of the Defence Act 1903, and the Minister must be satisfied that it is necessary for the defence of Australia to prevent or reduce hazards to aircraft or aviation-related communication, navigation, or surveillance. The declaration is effective from 26 March 2018 and applies to any person or entity constructing, using, or bringing objects within the specified area. The application of the declaration is supported by the Defence Amendment (Defence Aviation Areas) Regulations 2018, which provide further detail on the approval processes, offences, and enforcement mechanisms applicable to the defence aviation area. The declaration replaces the Defence (Areas Control) Regulations 1989, which were scheduled to sunset on 1 April 2018. The declaration does not include any stated exclusions or exemptions, and its application may be further extended or restricted through subordinate instruments.

Key Provisions

The Defence (RAAF Base Darwin Defence Aviation Area) Declaration 2018 primarily serves to designate an area around RAAF Base Darwin as a defence aviation area under the Defence Act 1903 (section 117AC). This declaration applies the provisions of Part IXD of the Defence Act 1903 and Part 11A of the Defence Regulation 2016 to the area, which includes specific height restrictions for buildings, structures, and objects within the vicinity of the base (section 5 and 6). The boundaries and height restrictions are visually depicted on the map provided in Schedule 1 of the declaration. The obligations imposed by this declaration include the necessity for obtaining approval before constructing any building, structure, or object that exceeds the specified height restrictions within the defence aviation area, or if it is likely to generate air turbulence or plumes above the height restrictions (Defence Regulation 2016, Part 11A). Additionally, any object that is deemed hazardous to aviation must also be approved before being brought into, having, or using within the defence aviation area. Furthermore, the declaration mandates that any building, structure, or object that exceeds the height restrictions or is hazardous to aviation must comply with directions from the Minister for Defence, such as removal, marking, lighting, screening, modification, or relocation (section 6 and Defence Regulation 2016, Part 11A). Breach of the obligations and requirements set out in the declaration can result in significant consequences. Under the Defence Act 1903, offences are established for the construction of buildings, structures, or objects, or the bringing, having, or using of objects without the necessary approvals, or in a manner that contravenes the conditions of an approval (Defence Act 1903, Part IXD). Penalties for these offences can include fines and, in some cases, imprisonment. Furthermore, failure to comply with a direction issued by the Minister for Defence to remove, mark, light, screen, modify, or relocate a building, structure, or object can result in additional offences and penalties, including potential imprisonment for serious breaches (Defence Regulation 2016, Part 11A). Additionally, the declaration includes provisions for compensation to cover loss of land value, loss or damage, or expenses incurred under certain circumstances, or any acquisition of property that may occur (Defence Act 1903, Part IXD). Decisions regarding the refusal to grant an approval or the granting of an approval on conditions can be subject to merits review by the Administrative Appeals Tribunal (Defence Act 1903, Part IXD).

Legal classification tags

Area of Law
Defence Law
Environmental Law
Instrument
Declaration
Concepts
Definitions & Interpretation
Offence Provisions
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.