Explanatory Statement – AERU 05-13/ Class C 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 C airspace.
Operation: The Class C airspace legislative instrument describes the area which IFR and VFR aircraft are permitted. All flights will be provided with an air traffic control service and IFR flights are separated from other IFR and VFR flights. VFR flights are separated from IFR flights and receive traffic information in respect to other VFR flights.
Impact: The impact on this determination of Class C airspace is expected to be negligible as the majority of this airspace is already in existence as previously established airspace for IFR and VFR operations within the Australian flight information region.
There has been a minor extension of Class C airspace to the south of Perth terminal area to allow the resolution of 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 legislative instrument F2005L01156, enacted in 2005, addresses the need to formally establish and modify airspace classifications within Australia, particularly focusing on the Class C airspace surrounding the Perth terminal area. This instrument was introduced to ensure that all changes to airspace are legally documented and communicated effectively, aligning with the requirements of the International Civil Aviation Organization (ICAO). The Act is a means to formalise the existing airspace and make minor adjustments to enhance safety and operational standards. The enactment is overseen by the appropriate delegate of the Australian Government, with the primary policy objective being to improve the safety and efficiency of air traffic management within the specified airspace. The changes primarily involve extending the Class C airspace to the south of the Perth terminal area, a move necessitated by a corrective action request issued by the Civil Aviation Safety Authority (CASA) to Airservices Australia. Although some local operators expressed opposition, the adjustments are intended to meet international safety standards and improve the level of systemic safety for aircraft operating in this region.
Scope and Application
The AERU 05-13/ Class C Airspace legislative instrument pertains to the establishment and modification of Class C airspace in Australia, providing legal effect to changes in airspace management. This Act applies to all aircraft, including Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) operations, within the specified airspace. The geographic reach of this legislation is national, as it concerns the Australian flight information region. The Class C airspace, which is detailed in the Designated Airspace Handbook (DAH) and the Aeronautical Information Publication (AIP) MAP products, ensures that all flights receive air traffic control services, with IFR flights being separated from other IFR and VFR flights and VFR flights receiving traffic information relevant to other VFR flights. Notably, the changes primarily involve a minor extension of Class C airspace to the south of Perth terminal area to enhance safety, a decision reached after extensive consultation with local and regional operators, despite some opposition. The instrument does not apply to areas outside the defined airspace limits and exclusions as detailed in the DAH and AIP MAP products.
Key Provisions
The legislation in question pertains to the formalisation and description of Class C airspace within Australia, as detailed in the AIP MAP products and the Designated Airspace Handbook (DAH). Section 1 of the legislation sets out the permanent description of airspace and includes the specific details of Class C airspace effective from 09 June 2005. This includes the lateral and vertical limits of the airspace, as well as any other pertinent details of the airspace volume. The main purpose of this legislative instrument is to provide legal effect to changes in airspace by the appropriate delegate.
In terms of the requirements and obligations imposed by the Act, Section 2 mandates that all flights within the specified Class C airspace must be provided with air traffic control service. This includes the separation of Instrument Flight Rules (IFR) flights from other IFR and Visual Flight Rules (VFR) flights, and the separation of VFR flights from IFR flights, as well as the provision of traffic information to VFR flights in relation to other VFR flights. This ensures the safety and efficient management of aircraft operating within the designated airspace.
Section 3 outlines the consequences of non-compliance with the requirements of the Act. While the legislation does not explicitly detail specific penalties for breaches, it is important to note that any failure to adhere to the airspace regulations and separation requirements could result in significant safety risks and potential legal repercussions. The severity of the consequences would depend on the specific nature of the breach and the impact on flight safety and air traffic management.
The legislation also includes provisions for consultation and review, as mentioned in Section 4. The changes to the airspace were widely consulted with Perth and regional operators of Western Australia, and although there was some opposition from local operators, the changes have been made to conform to recognised standards and enhance the level of safety for aircraft operating in the area. The Office of Regulation Review determined that this instrument was unlikely to have a direct or significant indirect impact on businesses, and thus, a Regulation Impact Statement was not required.