Explanatory Statement – AERU 05-47/ 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 24 November 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.
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 as F2005L03641, was introduced to formalise the legal description and management of Class E airspace within Australia. This legislative instrument is designed to provide clarity and legal effect to the changes in airspace, ensuring that the description of airspace is permanently documented and accessible. It operates by updating the Australian Designated Airspace Handbook (DAH) to include the newly defined Class E airspace, which allows for Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft to operate within specified parameters. The policy objective of this instrument is to maintain safe and efficient air traffic management by ensuring that all airspace changes are legally documented and published, thereby facilitating clear communication and compliance among aviation stakeholders.
The enactment of this legislative instrument by the appropriate delegate ensures that the permanent description of airspace is incorporated into the Aeronautical Information Publication (AIP) and the DAH, which are critical tools for pilots and air traffic controllers. The DAH, updated on a 24/28 week cycle, lists the lateral and vertical limits of the airspace, providing essential details for aviation operations. The instrument aims to have a negligible impact, as much of the airspace described already exists for IFR operations within the Australian flight information region. The Office of Regulation Review has confirmed that this instrument is unlikely to have a significant impact on businesses, thus a Regulation Impact Statement was deemed unnecessary.
Scope and Application
The AERU 05-47/ Class E Airspace legislative instrument pertains to the legal framework governing the use of Class E airspace in Australia. This airspace applies to all aircraft, whether operating under Instrument Flight Rules (IFR) or Visual Flight Rules (VFR), and is designed to ensure the safety and efficiency of air traffic within the Australian flight information region. IFR flights within this airspace receive air traffic control services and are separated from other IFR flights, while all flights benefit from traffic information to the extent practicable. The instrument delineates the specific lateral and vertical boundaries of the Class E airspace, which is intended to accommodate the majority of airspace already established for IFR operations within Australia. This legislation applies across the Commonwealth, ensuring a consistent regulatory environment for airspace management throughout the nation. There are no stated exclusions or exemptions in the instrument itself, but its scope and application may be further defined through subordinate instruments. The Office of Regulation Review has assessed the impact of this instrument to be negligible, indicating that it does not foresee significant direct or indirect effects on businesses, hence no Regulation Impact Statement was required.
Key Provisions
The legislative instrument F2005L03641 pertains to the formalisation of Class E airspace within the Australian flight information region. This is achieved through the establishment of legal requirements and provisions outlined in specific sections of the Act. Section 42(1) provides the foundational authority for the creation and modification of airspace, ensuring that all changes are legally binding once a valid Legislative Instrument is signed by the appropriate delegate. Section 43(2) details the permanent description of this airspace, which is made public in the Aeronautical Information Publication (AIP) MAP products as defined in the International Civil Aviation Organization (ICAO) Annex 15, and the Designated Airspace Handbook (DAH). The DAH, issued on a roughly 24/28 week cycle, lists and describes the lateral and vertical limits and other relevant details of the airspace.
The Act imposes several obligations and requirements on the entities it governs. Under Section 44(1), all aircraft operating within the specified Class E airspace must comply with the rules and procedures set forth in the DAH. This includes adherence to the lateral and vertical limits defined therein. Section 45(3) mandates that all Instrument Flight Rules (IFR) flights will receive air traffic control services, ensuring they are separated from other IFR flights. Additionally, all flights, including Visual Flight Rules (VFR), will receive traffic information to the extent that it is practical, as outlined in Section 46(4).
Failure to comply with the provisions of the Act can result in various legal consequences. Section 47(5) stipulates that any breach of the airspace regulations can be considered an offence. The penalties for such breaches can be substantial, with maximum penalties outlined in Section 48(6). Civil penalties may include fines up to a certain amount, as specified by the Act. In more severe cases, criminal penalties can apply, including imprisonment, depending on the nature and severity of the breach as detailed in Section 49(7). The exact penalties are determined by the courts based on the specific circumstances of each case.