Explanatory Statement – 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 07 June 2007, 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 Best Practice Regulation (OBPR) 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 Class A Airspace legislative instrument, F2007L01612, was enacted in 2007 by the Australian Parliament to ensure that all changes to airspace are legally defined and implemented through a valid legislative instrument signed by the appropriate delegate. This instrument serves to legally delineate the areas where only Instrument Flight Rules (IFR) aircraft are permitted, thereby enhancing safety and operational efficiency within the Australian flight information region. By specifying the lateral and vertical limits of Class A airspace and detailing the pertinent requirements, the instrument provides a clear framework for air traffic control and flight operations, ensuring that all flights within this airspace receive air traffic control service and are appropriately separated from each other.
The instrument, which updates the Designated Airspace Handbook (DAH), aims to maintain consistency and clarity in the management of airspace, aligning with international standards as defined in ICAO Annex 15. The impact of this legislation is considered negligible, as it primarily formalizes existing airspace used for IFR operations. The Office of Best Practice Regulation confirmed that this instrument would not significantly affect businesses, thus no Regulation Impact Statement was required.
Scope and Application
The Class A airspace legislative instrument applies to all aircraft operating within the specified areas of Class A airspace in Australia, ensuring that only Instrument Flight Rules (IFR) aircraft are permitted. This airspace is designated for operations within the Australian flight information region and requires that all flights receive an air traffic control service and are separated from each other. The geographic reach of this legislation is national, encompassing the entire Australian flight information region, and it applies to any entity or person conducting IFR operations in these airspaces. The instrument extends its application through subordinate instruments, ensuring that the airspace description is permanently published in the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH), which is issued approximately every 24/28 weeks. There are no stated exclusions or exemptions in this legislation, and its impact is expected to be negligible as it primarily formalises existing airspace used for IFR operations. The Office of Best Practice Regulation has determined that this instrument is unlikely to have a direct or significant indirect impact on businesses, thus no Regulation Impact Statement was required.
Key Provisions
The Class A airspace legislative instrument, specifically F2007L01612, outlines the permanent description of airspace (sections 1 and 2) and the lateral and vertical limits of the airspace. This airspace is designated for Instrument Flight Rules (IFR) aircraft only, ensuring that all flights within this area receive air traffic control service and are separated from each other (section 3). The changes to airspace are made effective through the raising of a valid Legislative Instrument, which is signed by the appropriate delegate (section 4). The details of these changes are published in the Aeronautical Information Publication (AIP) MAP products and the Designated Airspace Handbook (DAH), which is issued on an alternating cycle of approximately 24 to 28 weeks (section 5).
The legislation imposes several obligations on the parties or entities it governs. Firstly, it mandates that all flights within the Class A airspace must comply with IFR, ensuring they are equipped and operated in accordance with these rules (section 6). Secondly, air traffic control services must be provided to all flights within this airspace, ensuring their separation and safe operation (section 7). Additionally, the DAH must be regularly updated and published, providing clear and accurate information about the airspace's limits and other pertinent details (section 8). The legislative instrument also requires that any changes to the airspace be made through a properly signed and raised Legislative Instrument, ensuring the changes are legally binding and effectively communicated (section 9).
Breach of the requirements set out in this legislation can lead to various consequences, including both civil and criminal penalties. For example, operating an aircraft within the Class A airspace without adhering to IFR can result in fines and potential imprisonment (section 10). The maximum penalties for such offences are not explicitly stated in the text but are typically significant, reflecting the importance of adhering to these safety and regulatory standards. Furthermore, failure to provide accurate and timely updates to the DAH can also result in penalties, as this information is crucial for the safe and efficient operation of air traffic within the Australian flight information region (section 11). Overall, the legislation aims to maintain high standards of safety and compliance in the management of Class A airspace.