Explanatory Statement – AERU 06-024/ 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 08 June 2006, 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 Determination (F2006L01644) was enacted in 2006 to formalise and legally define areas of airspace in Australia, specifically Class E airspace, within the Australian flight information region. This legislative instrument was introduced to provide a clear and legally binding description of the airspace in which Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft are permitted to operate. The determination is enacted by the relevant authority under the Civil Aviation Act 1988, with the overarching policy objective being to ensure the safe and efficient operation of air traffic within Australian airspace. The Class E airspace legislative instrument ensures that IFR flights receive air traffic control services and separation from other IFR flights, while all flights are provided with traffic information to the extent practicable. The impact of this determination is expected to be minimal, as most of the airspace defined already existed under previously established airspace for IFR operations. The Office of Regulation Review confirmed that this instrument would not have a significant impact on businesses, and thus a Regulation Impact Statement was not required.
Scope and Application
The Class E Airspace legislative instrument, identified as F2006L01644, pertains to the regulation and management of airspace within Australia. This legislation applies to all aircraft operating within the defined Class E airspace, encompassing both Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) flights. The instrument specifies the parameters within which these flights can operate, ensuring that IFR flights are provided with air traffic control services and are separated from other IFR flights, while all flights receive traffic information as far as practical. The airspace in question is already established for IFR operations within the Australian flight information region, and the impact of this legislative instrument is expected to be negligible. This legislative instrument is part of the broader regulatory framework designed to maintain safe and efficient air traffic management across Australia. The instrument extends its application nationally, aligning with the requirements set out in ICAO Annex 15 and the Designated Airspace Handbook (DAH), which is updated on an alternating 24/28 week cycle. The DAH provides a comprehensive description of the airspace, including its lateral and vertical limits. Any exclusions, exemptions, or thresholds are detailed in the DAH, and the instrument itself serves to give legal effect to the changes in airspace descriptions as published in the AIP MAP products and the DAH. The regulation is subject to extension or restriction through subordinate instruments, ensuring flexibility in managing airspace effectively.
Key Provisions
The primary operative sections of the F2006L01644 legislation establish the parameters of Class E airspace, detailing where and how it may be used by IFR (Instrument Flight Rules) and VFR (Visual Flight Rules) aircraft. Section 1 outlines the geographical and vertical limits of the airspace, while Section 2 specifies the services provided to aircraft operating within this airspace, including air traffic control and separation services for IFR flights and traffic information for all flights. Section 3 elaborates on the operational conditions and permissions for both IFR and VFR flights within Class E airspace.
The legislation imposes specific obligations on the parties involved, particularly the air traffic service providers and pilots operating within the designated Class E airspace. Air traffic service providers are mandated to provide air traffic control and separation services to IFR flights and offer traffic information to all flights, as far as practical. Pilots are required to adhere to the conditions and limitations set forth in the legislation, including compliance with the specified airspace boundaries and operational protocols. Additionally, the legislation places responsibility on the appropriate authorities to ensure the permanent description of the airspace is accurately published in the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH).
In terms of legal consequences for breaches, the legislation does not explicitly outline specific offences or penalties within the provided text. However, non-compliance with airspace regulations generally could result in enforcement actions by aviation authorities, potentially including fines, operational restrictions, or other regulatory measures. Given the critical nature of airspace regulations for safety and operational efficiency, violations could also lead to civil or criminal consequences under broader aviation laws, with penalties varying depending on the severity and impact of the breach.