Explanatory Statement – 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 23 November 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 F2006L03818 Class E Airspace instrument, enacted in 2006, was introduced to provide a legal framework for the permanent description and regulation of Class E airspace in Australia. This legislative instrument ensures that all changes to airspace are implemented through valid Legislative Instruments, signed by the appropriate delegate, thereby providing a clear and enforceable legal basis for the management of airspace. The purpose of this Act is to detail the lateral and vertical limits and other pertinent information 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 airspace in tabular form, ensuring that the information is readily accessible and up-to-date.
The policy objective of the Class E airspace legislative instrument is to allow both Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft to operate within the designated airspace, with IFR flights receiving an air traffic control service and separation from other IFR flights. All flights are to receive traffic information to the extent practical, ensuring a safe and efficient flow of air traffic. The impact of this legislation is expected to be negligible, as the majority of the airspace involved was already established for IFR operations within the Australian flight information region. The Office of Regulation Review confirmed that this instrument was unlikely to have a direct or significant indirect impact on businesses, thus deeming a Regulation Impact Statement unnecessary.
Scope and Application
The legislation F2006L03818 pertains to the regulation and legal formalisation of changes to Australian airspace, specifically addressing the establishment of Class E airspace. This legislative instrument, signed by the appropriate delegate, formalises the permanent description of airspace, ensuring it is legally enforceable. The Class E airspace defined by this instrument permits both Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft to operate within its boundaries, with IFR flights receiving air traffic control services and separation from other IFR flights. Additionally, all flights within this airspace receive traffic information as practicable. This instrument aligns with the requirements set out in ICAO Annex 15 and is published in the Designated Airspace Handbook (DAH), which lists the details of airspace volumes and their limits. The DAH, issued on a cycle of approximately 24/28 weeks, is a key document for the permanent description of airspace. The legislation applies nationally across Australia and extends to all airspaces designated as Class E under the instrument. The impact of this legislation is expected to be minimal as the majority of the airspace already exists and is designated for IFR operations within the Australian flight information region. The Office of Regulation Review has confirmed that this instrument is unlikely to have a direct or significant indirect impact on businesses, thus deeming a Regulation Impact Statement unnecessary.
Key Provisions
The key operative sections of the legislation (F2006L03818) pertain to the legal formalisation of Class E airspace, as outlined in the attached section of the Designated Airspace Handbook (DAH) effective from 23 November 2006. Section 1 specifies the legal basis for changes to airspace through the raising of a valid Legislative Instrument. Section 2 details the permanent description of the airspace, which is published in both the Aeronautical Information Publication (AIP) MAP products and the DAH. Section 3 provides the operational guidelines for Class E airspace, indicating that both Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft are permitted within this airspace, with IFR flights receiving air traffic control services and separation from other IFR flights. Additionally, all flights receive traffic information to the extent practical.
The legislation imposes several obligations and requirements on the parties or entities it governs. Firstly, the airspace description must be updated and maintained in the AIP MAP products and the DAH, ensuring that all pertinent details, such as lateral and vertical limits, are accurately recorded and disseminated. Secondly, air traffic control services must be provided to IFR flights within the Class E airspace, including separation from other IFR flights. This mandates that air traffic control authorities ensure the safe and orderly flow of air traffic within the designated airspace. Finally, all flights operating within this airspace must comply with the specified rules and receive traffic information as provided by the air traffic control services.
The legislation also outlines the potential offences, penalties, and consequences for breach. While the specific details of the penalties are not exhaustively provided in the explanatory statement, breaches of airspace regulations can typically lead to civil or criminal consequences. Civil penalties might include fines or other financial penalties imposed by aviation authorities. Criminal consequences could arise if the breach leads to safety violations or endangers flight operations, potentially resulting in more severe penalties, including imprisonment. The maximum penalties are not explicitly stated in this particular instrument but would be in line with broader aviation regulatory frameworks and applicable aviation laws.