Explanatory Statement – AERU 05-17/ Class E 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 E airspace.
Operation: The Class E airspace legislative instrument describes the area which IFR and VFR aircraft are permitted. IFR flights will be provided with an air traffic control service and IFR flights are separated from other IFR. All flights will receive traffic information so far as practical.
Impact: The impact on this determination of Class E 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.
There has been a small reduction in Class E airspace to allow for an extension of Class A airspace around Perth terminal area which resolves 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 Class E Airspace legislative instrument, enacted in 2005, is a regulation under the Civil Aviation Act 1988, designed to refine and legally define the parameters of Class E airspace in Australia. This regulation was issued to provide a clear legal framework for the operation of Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft within designated areas, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The primary objective of this regulation is to enhance the safety and efficiency of air traffic management by delineating specific airspace zones where air traffic control services are provided, thereby facilitating the separation of aircraft and the delivery of pertinent traffic information. The regulation was enacted by the Australian Government and aims to address any operational discrepancies and enhance safety standards within the Australian flight information region.
Scope and Application
The legislative instrument F2005L01166 pertains to the modification of Class E airspace within the Australian flight information region, which is legally implemented through the issuance of a valid Legislative Instrument signed by the appropriate delegate. This airspace description is published in the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH), which lists and describes the lateral and vertical limits of airspace volumes in tabular form. This particular instrument, effective from 09 June 2005, details changes to the Class E airspace, specifically allowing for the continued operation of both Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft within these designated areas. IFR flights will continue to receive air traffic control services and separation from other IFR flights, while all flights will be provided with traffic information to the extent practicable. The changes primarily involve a minor reduction of Class E airspace to facilitate an extension of Class A airspace around the Perth terminal area, addressing a corrective action request by the Civil Aviation Safety Authority (CASA) to Airservices Australia. Despite some opposition from local operators, the adjustments ensure compliance with recognised safety standards and enhance systemic safety for aircraft operating in the region. The instrument does not extend to creating significant impacts on businesses, as confirmed by the Office of Regulation Review, thus negating the need for a Regulation Impact Statement.
Key Provisions
The key provisions of the F2005L01166 legislation (paragraphs 2 and 3) concern the legalisation of changes to airspace, specifically the establishment of Class E airspace. The purpose of this legislation is to formalise changes to airspace, ensuring that these changes are legally enforceable through a valid Legislative Instrument signed by the appropriate delegate (paragraph 2). The permanent description of the airspace is published in the Aeronautical Information Publication (AIP) MAP products and the Designated Airspace Handbook (DAH) (paragraph 2). The DAH, which is issued on a 24/28 week cycle, provides a tabular description of the lateral and vertical limits of the airspace along with any other relevant details (paragraph 2). This legislative instrument specifically describes the Class E airspace that becomes effective from 09 June 2005 (paragraph 2).
The Class E airspace legislative instrument outlines the area where both Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft are permitted to operate (paragraph 3). Under this instrument, IFR flights are provided with air traffic control services and are separated from other IFR flights (paragraph 3). Furthermore, all flights are to receive traffic information to the extent that it is practical (paragraph 3). The expectation is that the impact of these changes to Class E airspace will be minimal as the majority of this airspace has already been established for IFR operations within the Australian flight information region (paragraph 4). There has been a slight reduction in Class E airspace to allow for an extension of Class A airspace around the Perth terminal area, which resolves a corrective action request issued to Airservices Australia by the Civil Aviation Safety Authority (CASA) (paragraph 4). This airspace change was extensively consulted with Perth and regional operators in Western Australia, although there was some opposition from local operators, the new airspace conforms to recognised standards and enhances the level of safety for aircraft operating in this area (paragraph 4).
The legislation imposes several obligations and requirements on the parties it governs. Firstly, the changes to airspace must be formalised through a valid Legislative Instrument signed by the appropriate delegate (paragraph 2). The permanent description of the airspace must be published in the AIP MAP products and the DAH (paragraph 2). Operators of IFR and VFR aircraft must comply with the lateral and vertical limits of the Class E airspace, as described in the DAH (paragraph 3). Air traffic control services must be provided to IFR flights and these flights must be separated from other IFR flights (paragraph 3). All flights must receive traffic information to the extent that it is practical (paragraph 3). The Office of Regulation Review has determined that the instrument is unlikely to have a direct or significant indirect impact on businesses, thus confirming that a Regulation Impact Statement is not required (paragraph 4).
Breach of the provisions outlined in the legislation could lead to civil or criminal consequences, although specific offences, penalties, or consequences are not detailed in the explanatory statement. However, given the nature of the airspace regulations and their importance to aviation safety, non-compliance could potentially result in enforcement actions by the relevant aviation authorities, including CASA. These actions could include fines, operational restrictions, or other regulatory measures deemed necessary to ensure compliance with the legislative requirements.