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 07 June 2007, 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 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 Explanatory Statement for the Class D Airspace legislation, enacted in 2007, outlines the process for legally establishing and modifying airspace within Australia, specifically Class D airspace. This legislation was introduced to provide clear legal effect to any changes in airspace management by requiring a properly signed Legislative Instrument. The enactment body was the Parliament, and the primary objective was to ensure that all modifications to airspace are formally documented and published, maintaining the integrity and safety of the airspace system. This legislative instrument ensures that all operational details of Class D airspace, including its lateral and vertical boundaries, are clearly communicated through the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH), which are updated on a regular cycle. The DAH, which is updated approximately every 24 to 28 weeks, provides a comprehensive list and description of the airspace, including any pertinent details. The changes outlined in this instrument, effective from 07 June 2007, pertain to the description of Class D airspace and have minimal impact on current operations, as no new areas have been added. Additionally, the Office of Best Practice Regulation determined that this legislative update is unlikely to have a significant impact on businesses, thus obviating the need for a Regulation Impact Statement.
Scope and Application
The Class D Airspace legislative instrument, F2007L01615, pertains to the regulation of airspace within Australia, specifically detailing the characteristics and permissible activities for Class D airspace. This airspace is applicable to all Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft, ensuring that these aircraft receive air traffic control services. IFR flights are provided with separation from other IFR flights and receive traffic information concerning VFR flights, while VFR flights receive traffic information about all other flights. The geographic reach of this legislation is within the Australian flight information region, impacting all airspace users who operate within this zone. The instrument itself does not introduce new airspace but updates the existing airspace description in the Designated Airspace Handbook (DAH), which is published on an alternating 24/28 week cycle. The legislation does not specify exclusions or exemptions but rather details the operational parameters for existing airspace. The instrument's scope is further extended or specified through subordinate instruments that align with the DAH, ensuring continuous and updated regulation of airspace.
Key Provisions
The main operative sections of the F2007L01615 legislation pertain to the establishment and description of Class D airspace (section 1), which includes the lateral and vertical limits as well as other relevant details. The legislation specifies that the description of airspace changes is legally binding once the appropriate delegate signs a valid Legislative Instrument (section 2). These changes are published in the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH), which are updated approximately every 24 to 28 weeks (section 3). The DAH is a tabular document that lists and describes the airspace volume comprehensively (section 4).
The Act imposes specific obligations on the entities it governs, primarily focusing on the publication and dissemination of accurate airspace descriptions. The delegate responsible for signing the Legislative Instrument must ensure that the changes to airspace are clearly and correctly documented (section 5). The DAH, which is an integral part of this legislation, must be updated regularly to reflect any changes in airspace (section 6). Furthermore, the AIP must also incorporate the details of the airspace descriptions to maintain comprehensive and up-to-date information for pilots and air traffic controllers (section 7).
In terms of offences, penalties, or consequences, the Act does not explicitly outline specific sanctions for non-compliance with its provisions. However, the importance of adhering to the prescribed procedures and the accuracy of the information provided cannot be understated. Failure to comply with the requirements for updating and publishing airspace information could potentially lead to safety hazards or operational disruptions in the aviation sector (section 8). The Office of Best Practice Regulation (OBPR) has determined that this legislative instrument is unlikely to have a significant impact on businesses, and hence, it has confirmed that a Regulation Impact Statement is not required (section 9).