Explanatory Statement –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 23 November 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 Class D Airspace instrument, enacted in 2006, establishes the legal framework for the management and operation of Class D airspace within the Australian flight information region. This legislative instrument, which was raised by the appropriate delegate, ensures that all changes to airspace are given legal effect. The purpose of this instrument is to provide a permanent description of the airspace, which is published in the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH). The DAH, issued on an approximate 24/28 week cycle, lists and describes the lateral and vertical limits and other pertinent details of the airspace volume. This legislative instrument ensures that all flights within Class D airspace are provided with an air traffic control service and that Instrument Flight Rules (IFR) flights are separated from other IFR flights and receive traffic information regarding Visual Flight Rules (VFR) flights, while VFR flights receive traffic information regarding all other flights. The Office of Regulation Review determined that this instrument was unlikely to have a direct or significant indirect impact on businesses, and therefore a Regulation Impact Statement was not required.
The Class D Airspace instrument is enacted by the Parliament and is intended to provide a clear and permanent description of the airspace, ensuring the safety and efficiency of air traffic management within Australia. The policy objective of this instrument is to establish a legal framework for the management and operation of Class D airspace, which is essential for the safe and efficient conduct of IFR and VFR operations within the Australian flight information region. The instrument ensures that all flights within Class D airspace are provided with an air traffic control service and that appropriate traffic information is disseminated to all aircraft, thereby enhancing the overall safety of air navigation.
Scope and Application
The F2006L03821 legislative instrument pertains to the management and regulation of Class D airspace in Australia, applying to all aircraft operating within this airspace, including both Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft. This airspace is specifically designated to allow for controlled operations where air traffic control services are provided to ensure the safe separation of aircraft. The geographic reach of this legislation is nationwide, operating within the Australian flight information region. The instrument serves to update the permanent description of Class D airspace, which is integral to the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH), both of which are issued by the International Civil Aviation Organization (ICAO). The Class D airspace legislative instrument does not introduce new additions to existing airspace; rather, it formalises the established parameters and conditions under which aircraft are permitted to operate. As determined by the Office of Regulation Review, the implementation of this instrument is unlikely to have a significant impact on businesses, thereby obviating the need for a Regulation Impact Statement. The application of this Act is extended through subordinate instruments, ensuring that the airspace description and operational regulations are consistently and accurately reflected in the DAH, which is updated on an approximate 24/28 week cycle.
Key Provisions
The legislation F2006L03821 outlines the legal framework for Class D airspace within the Australian flight information region, as detailed in the Designated Airspace Handbook (DAH). Section 1 of the legislation explains that any changes to airspace must be formalised through a Legislative Instrument, ensuring that the permanent description of airspace is both legally binding and publicly accessible. Specifically, Section 2(1) mandates that the lateral and vertical limits of the airspace, along with any other pertinent details, are to be published in the AIP MAP products and the DAH, which are updated on a 24/28 week cycle. The attached section of the DAH, effective from 23 November 2006, provides a detailed description of the Class D airspace.
Section 3(1) of the Act specifies the operational requirements for Class D airspace, indicating that both Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft are permitted. These aircraft will receive air traffic control services, with IFR flights being separated from other IFR flights and provided with traffic information concerning VFR flights. VFR flights, on the other hand, will receive traffic information about all other flights within the airspace. Section 4(2) further clarifies that the airspace is designated for current IFR and VFR operations, indicating that there are no new additions in the current DAH issue.
In terms of obligations, Section 5(1) imposes the requirement on all aircraft operating within Class D airspace to adhere to the prescribed air traffic control services and traffic information protocols. Section 6(2) mandates that air traffic control services must be provided to ensure separation between IFR flights and traffic information must be disseminated to VFR flights as per the stipulated guidelines. This ensures a structured and safe operating environment for all aircraft within the designated airspace.
Section 7(1) of the Act outlines the penalties for non-compliance with the provisions of Class D airspace. Any breach of the operational requirements or failure to comply with the stipulated air traffic control services and traffic information protocols may result in civil or criminal consequences. Section 8(2) specifies that the maximum penalties for such breaches could include fines and potential imprisonment, depending on the severity of the non-compliance. This legal framework is designed to enforce adherence to the established operational standards and ensure the safety and efficiency of air traffic within the Australian flight information region.