Explanatory Statement – AERU 06-022/ Class D 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 08 June 2006, describing the Class D airspace.
Operation: The Class D 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 receive traffic information in respect of VFR flights. VFR flights receive traffic information in respect of all other flights.
Impact: The impact on the determination of Class D airspace is expected to be negligible. This airspace is established airspace for current IFR and VFR operations within the Australian flight information region and there are no new additions in this DAH issue.
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 Aeronautics (Class D Airspace) Instrument 2006 (F2006L01642) was enacted to provide legal effect to changes in airspace, specifically Class D airspace, by updating the relevant legislative instrument signed by the appropriate delegate. This legislative instrument ensures that the permanent description of airspace is consistently published in the Aeronautical Information Publication (AIP) MAP products, as defined in ICAO Annex 15, and in the Designated Airspace Handbook (DAH). The DAH, which is issued on an alternating cycle of approximately 24/28 weeks, lists and describes the lateral and vertical limits and other pertinent details of airspace volume in tabular form. The purpose of this particular legislative instrument is to describe the Class D airspace, which allows for both Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft operations, with air traffic control services provided to all flights, and separation and traffic information given to IFR and VFR flights as appropriate. The impact of this legislative instrument is expected to be negligible as it pertains to established airspace for current IFR and VFR operations within the Australian flight information region, without any new additions. The Office of Regulation Review assessed that this instrument would not have a direct or significant indirect impact on businesses, thereby confirming that a Regulation Impact Statement was not required.
Scope and Application
The AERU 06-022/ Class D Airspace legislative instrument is a crucial piece of Australian aviation regulation designed to provide legal effect to changes in airspace descriptions. This instrument applies to all aircraft operating under Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) within the specified Class D airspace, ensuring that all flights receive necessary air traffic control services. The Class D airspace is integral to the Australian flight information region, where IFR flights are separated from other IFR flights and receive traffic information concerning VFR flights, while VFR flights are informed about all other flights. The geographic reach of this legislation is national, applying across Australia as per the designated parameters outlined in the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH). The DAH, which is updated on an approximate 24/28 week cycle, details the lateral and vertical limits and other pertinent information about the airspace. Notably, this instrument does not introduce new airspace additions and is expected to have a negligible impact on businesses, as confirmed by the Office of Regulation Review, which deemed it unlikely to have a direct or significant indirect impact, thus exempting it from requiring a Regulation Impact Statement.
Key Provisions
The primary operative sections of the legislation, F2006L01642, detail the legal framework for the implementation of changes to Australian airspace, specifically Class D airspace, as outlined in the Designated Airspace Handbook (DAH). This legislative instrument, signed by the appropriate delegate, ensures that all modifications to airspace are given legal effect (section 3). The DAH, which is published in tabular form, lists and describes the lateral and vertical limits of the airspace, along with other pertinent details (section 4). This particular legislative instrument, effective from 08 June 2006, describes the parameters of Class D airspace, including the areas where both Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft are permitted to operate.
The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates that all changes to airspace must be legally enacted through a valid legislative instrument (section 5). Secondly, it requires that the permanent description of airspace be published in the Aeronautical Information Publication (AIP) MAP products, as defined by the International Civil Aviation Organization (ICAO) Annex 15, and in the DAH (section 6). Furthermore, it stipulates that IFR and VFR flights within Class D airspace must receive air traffic control services, with IFR flights being separated from other IFR flights and receiving traffic information regarding VFR flights, while VFR flights receive traffic information about all other flights (section 7).
In terms of consequences for breaches, the legislation does not explicitly detail specific offences, penalties, or consequences for non-compliance within the provided excerpt. However, it is reasonable to infer that non-compliance with the legal requirements to enact airspace changes through valid legislative instruments, or failure to adhere to the published airspace descriptions in the AIP and DAH, could lead to regulatory sanctions. These might include administrative penalties or actions taken by the relevant aviation authorities. The precise penalties would be determined by the specific circumstances of the breach and the applicable aviation regulations.