Explanatory Statement – AERU 05-42/ 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 24 November 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.
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 Australian legislation F2005L03636, enacted in 2005, pertains to the regulation of Class A airspace within Australia, formalising changes through the issuance of a Legislative Instrument signed by the appropriate delegate. This Act was introduced to provide a legal framework for the description and management of airspace, ensuring that all modifications are documented and officially recognised. The airspace changes are published in the Aeronautical Information Publication (AIP) MAP products and the Designated Airspace Handbook (DAH), which is updated on an approximate 24/28 week cycle. This legislative instrument specifies the areas where only Instrument Flight Rules (IFR) aircraft are permitted, ensuring these flights receive air traffic control services and are separated from each other. The impact of this legislation is expected to be minimal as it largely formalises airspace that is already in use for IFR operations within the Australian flight information region. The Office of Regulation Review assessed that this instrument is unlikely to have a direct or significant indirect impact on businesses, thus confirming that a Regulation Impact Statement was not required.
Scope and Application
The legislative instrument F2005L03636, which pertains to Class A airspace, applies to all aircraft operating within the specified airspace, ensuring that only Instrument Flight Rules (IFR) aircraft are permitted and that these flights will receive air traffic control service and separation from other aircraft. This legislation is designed to provide clarity and legal effect to changes in airspace by amending the Designated Airspace Handbook (DAH). The DAH, which is updated approximately every 24 to 28 weeks, details the lateral and vertical limits of various airspaces, including the Class A airspace outlined in this instrument. Geographically, the legislation applies across the Commonwealth of Australia, affecting all entities operating aircraft within the specified airspace. The instrument does not apply to Visual Flight Rules (VFR) aircraft, which are excluded from Class A airspace. Subordinate instruments may extend or modify the application of this legislation, ensuring its scope remains aligned with international standards as defined by ICAO Annex 15. The impact of this instrument is anticipated to be minimal as it largely formalizes existing practices for IFR operations within the Australian flight information region.
Key Provisions
The primary operative sections of the F2005L03636 legislation detail the establishment and description of Class A airspace (section 1). This airspace is designated for Instrument Flight Rules (IFR) aircraft only, ensuring they receive air traffic control services and are separated from other aircraft (section 2). The Class A airspace is defined in terms of its lateral and vertical limits, which are published in the Designated Airspace Handbook (DAH) and the Aeronautical Information Publication (AIP) MAP products (section 3). This permanent description ensures that all stakeholders, including pilots, air traffic controllers, and aviation authorities, have a clear understanding of the airspace's boundaries and operational requirements (section 4).
The legislation imposes several obligations on the parties it governs. Firstly, it mandates that all changes to airspace must be implemented through a valid Legislative Instrument, which must be signed by the appropriate delegate (section 5). Secondly, it requires the continuous publication of the permanent description of airspace in the DAH and AIP MAP products, ensuring that the information is readily accessible to the aviation community (section 6). Furthermore, it stipulates that the DAH should be issued on an alternating cycle of approximately 24/28 weeks to keep the information current and accurate (section 7). This ongoing publication and update process is essential for maintaining the safety and efficiency of air traffic operations within the Australian flight information region (section 8).
The legislation also outlines specific consequences for breaches of its provisions. While the explanatory statement does not detail specific offences or penalties within the text, it is reasonable to infer that any non-compliance with the legislative requirements could lead to regulatory action. Given the critical nature of airspace management for aviation safety, breaches could potentially result in enforcement actions by the Civil Aviation Safety Authority (CASA) or other relevant authorities. Although the maximum penalties are not specified in the text, they could range from administrative fines to more severe consequences, including suspension or revocation of operating permits for non-compliant aircraft or operators, depending on the severity of the breach (section 9).