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 07 June 2007, 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 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 Class E Airspace legislative instrument, F2007L01617, was enacted in 2007 by the Australian Government to legally establish and update the description of airspace for aviation operations. This instrument is a formal legislative tool used to formalise changes to airspace, ensuring compliance with international standards as set out by the International Civil Aviation Organization (ICAO). The primary objective of this instrument is to provide a clear and permanent description of Class E airspace, which is essential for the operation of Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft. The changes described in the instrument are published in the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH), both of which are critical for navigation and air traffic management within Australia. The impact of this legislative instrument is minimal as it largely builds upon existing airspace already designated for IFR operations, thereby maintaining the safety and efficiency of air traffic within the Australian flight information region.
Scope and Application
The Class E Airspace legislative instrument pertains to the permanent description of Class E airspace, which is defined in the Designated Airspace Handbook (DAH) and the Aeronautical Information Publication (AIP) MAP products. This legislative instrument applies to all aircraft operating under Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) within the Australian flight information region. It outlines the permitted areas for such aircraft, ensuring that IFR flights receive air traffic control services and are separated from other IFR flights, while all flights are provided with traffic information as far as practical. The geographic reach of this legislation is national, as it governs airspace within Australia's flight information region. There are no specific exclusions or exemptions mentioned within the legislative instrument, although its application may be extended or restricted through subordinate instruments or further legislative updates. The impact of this determination is expected to be negligible, as the majority of the airspace already exists and is used for IFR operations. The Office of Best Practice Regulation has determined that this instrument is unlikely to have a direct or significant indirect impact on businesses, thereby exempting it from the requirement for a Regulation Impact Statement.
Key Provisions
The primary operative sections of the F2007L01617 legislation (section 1) describe the area designated as Class E airspace, detailing where IFR (Instrument Flight Rules) and VFR (Visual Flight Rules) aircraft are permitted to operate. Under section 2, IFR flights are to be provided with air traffic control services, ensuring they are separated from other IFR flights. Additionally, all flights will receive traffic information to the extent that it is practical, promoting safety and efficient airspace management.
The Act imposes several obligations on the parties and entities it governs. Firstly, section 3 mandates that IFR flights must adhere to the designated airspace and comply with the air traffic control services provided. VFR flights, although not subject to the same stringent control as IFR flights, must also respect the boundaries and operational protocols established for Class E airspace. Section 4 further requires that all aircraft operating within this airspace must be in communication with the relevant air traffic control services and follow the instructions and advisories issued by them.
Breaching the provisions of this Act can lead to various consequences as outlined in section 5. For instance, operating an aircraft in a manner that violates the designated airspace or failing to comply with air traffic control instructions can result in civil penalties, including fines. Section 6 stipulates that more severe violations could lead to criminal charges, with potential imprisonment. The maximum penalties for such offences are not explicitly stated in the text, but they are likely to be consistent with broader aviation regulations in Australia, which can include significant fines and imprisonment for serious infractions.