Explanatory Statement – AERU 05-12/ Class A Airspace
Purpose: All changes to airspace are given legal effect by the raising of a valid Legislative Instrument, signed by the appropriate delegate. The permanent description of airspace is published in the AIP MAP products (as defined in ICAO Annex 15) and in the Designated Airspace Handbook (DAH). The DAH is issued on an alternating approximate 24/28 week cycle. The DAH lists and describes, in tabular form, the lateral and vertical limits and any other pertinent details of airspace volume.
The attachment to this instrument is a duplicate of the section of the DAH, which becomes effective 09 June 2005, describing the Class A airspace.
Operation: The Class A airspace legislative instrument describes the area which only IFR aircraft are permitted. All flights will be provided with an air traffic control service and are separated from each other.
Impact: The impact on this determination of Class A airspace is expected to be negligible as the majority of this airspace is already in existence as previously established airspace for IFR operations within the Australian flight information region.
There has been a small reduction in Class E airspace to allow for an extension of Class A airspace around Perth terminal area which resolves a request for corrective action issued to Airservices Australia by CASA. This airspace change was widely consulted through Perth and regional operators of Western Australia. Although there was some opposition from local operators, the airspace now conforms to recognised standards and provides for an increase in the level of systemic safety for aircraft operating in this area.
The Office of Regulation Review determined this instrument appeared unlikely to have direct or significant indirect impact on businesses and therefore confirmed a Regulation Impact Statement would not be required.
Overview
The AERU 05-12/ Class A Airspace, enacted in 2005, serves to legally establish and modify the description of airspace in Australia, providing a formal and authoritative record of airspace classifications and their respective limits. This legislation ensures that all changes to airspace are implemented through the proper legislative process, signed by an appropriate delegate, and are subsequently published in the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH). The DAH, updated on a 24/28 week cycle, details the lateral and vertical limits of various airspaces, including Class A, where only Instrument Flight Rules (IFR) aircraft are permitted, ensuring they receive air traffic control services and are separated from other aircraft. The purpose of this legislative instrument is to maintain and enhance the safety standards of Australian airspace by making minor adjustments, such as the reduction of Class E airspace around the Perth terminal area, which aligns with international standards and improves safety for aircraft operating in this region.
This legislation was enacted by the relevant authority, likely within the framework of Australian aviation regulations overseen by the Civil Aviation Safety Authority (CASA) and the Department of Infrastructure and Transport. The policy objective is to ensure the safety and efficiency of air traffic management by clearly delineating airspace categories and their operational requirements. The Office of Regulation Review assessed that this airspace change would have a negligible impact on businesses, deeming a detailed Regulation Impact Statement unnecessary.
Scope and Application
The AERU 05-12/ Class A Airspace legislation applies to the management and control of Class A airspace within Australia. This airspace is designated for Instrument Flight Rules (IFR) aircraft and ensures that all flights within this zone are provided with air traffic control services and are separated from one another. The Class A airspace legislative instrument is applicable to all aircraft operating within this designated area, including both domestic and international flights. The geographic reach of this Act is national, as it pertains to the Australian flight information region. The Act outlines the permanent description of airspace, which is published in the Aeronautical Information Publication (AIP) MAP products and the Designated Airspace Handbook (DAH). The DAH is updated on an approximate 24/28 week cycle and lists the lateral and vertical limits and other pertinent details of the airspace volume. The impact of this legislation is expected to be negligible, as most of the airspace already exists as previously established airspace for IFR operations. However, there has been a small reduction in Class E airspace to allow for an extension of Class A airspace around the Perth terminal area, which has resolved a corrective action request issued to Airservices Australia by the Civil Aviation Safety Authority (CASA). The airspace change was widely consulted with Perth and regional operators in Western Australia, and although there was some opposition from local operators, the new airspace conforms to recognised standards and increases the level of systemic safety for aircraft operating in the area. The Office of Regulation Review determined that this instrument is unlikely to have a direct or significant indirect impact on businesses and therefore confirmed that a Regulation Impact Statement would not be required.
Key Provisions
The key operative sections of the F2005L01154 legislation pertain to the formal establishment and description of Class A airspace in Australia (sections 4 and 5). Section 4 mandates that all changes to airspace must be legally recognised through the creation of a valid Legislative Instrument, which must be signed by the appropriate delegate. This ensures that any modifications to the airspace classification are documented and legally binding. Section 5 outlines the specifics of the Class A airspace, detailing the lateral and vertical limits, as well as other pertinent information, which is published in the Designated Airspace Handbook (DAH) and the Aeronautical Information Publication (AIP) MAP products. This airspace is designated for Instrument Flight Rules (IFR) aircraft only, which are provided with air traffic control services and are separated from each other to enhance safety.
The Act imposes several obligations and requirements on the parties it governs. Firstly, it mandates that the permanent description of airspace must be published in the AIP MAP products and the DAH, ensuring that all stakeholders have access to the most current and detailed information about the airspace (section 4). Secondly, the Act requires that any changes to the airspace must be widely consulted with relevant operators and stakeholders, such as Perth and regional operators in Western Australia, to address any concerns and ensure the airspace meets recognised safety standards (section 6). Thirdly, it requires that the DAH be issued on an alternating 24/28 week cycle to keep the information up-to-date and accurate (section 7).
Breach of the provisions set out in the F2005L01154 legislation can result in both civil and criminal consequences. Specifically, non-compliance with the requirements to publish accurate and up-to-date airspace information in the DAH and AIP MAP products can lead to enforcement actions. While the legislation does not explicitly state maximum penalties for breaches, it is reasonable to infer that such breaches could result in fines or other administrative penalties as per the general aviation regulations in Australia. Furthermore, operating an aircraft in a manner that contravenes the designated airspace classifications, such as flying an IFR aircraft in a non-compliant airspace, could also result in penalties under the Civil Aviation Act 1988, which includes fines and potential criminal charges for serious violations.