Explanatory Statement – AERU 05-18/ Class G 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 G airspace.
Operation: The Class G airspace legislative instrument describes the area which IFR and VFR aircraft are permitted. A flight information service is made available on request.
Impact: The impact on this determination of Class G airspace is expected to be negligible as the majority of this airspace is already in existence as previously established airspace for all flight operations within the Australian flight information region.
There has been a small reduction in Class G airspace to allow for an extension of Class C airspace around Perth terminal area which resolves a request for corrective action issued to Airservices Australia by CASA. There have also been a number of restricted areas introduced or altered to accommodate defence firing areas within Class G airspace. Prior to incorporating these changes the industry was consulted and determinations were made by the Office of regulatory Review for no requirement of regulation impact statements.
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 F2005L01168, enacted in 2005, pertains to the legalisation of airspace changes within Australia and was introduced to formalise the adjustments to airspace classifications, particularly focusing on Class G airspace. This Act was enacted by the appropriate delegate, aligning with the legislative framework governing airspace management in Australia. The primary objective of this Act is to ensure that all modifications to airspace are legally documented and published through the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH), providing a comprehensive and up-to-date reference for all aviation operations. The changes to Class G airspace, which involve a slight reduction to accommodate the extension of Class C airspace around the Perth terminal area, were implemented following consultations with industry stakeholders and were deemed to have a negligible impact on existing operations, as per the Office of Regulatory Review.
Scope and Application
The Class G airspace legislative instrument pertains to all aircraft, both Instrument Flight Rules (IFR) and Visual Flight Rules (VFR), that operate within the Australian flight information region. This instrument is integral to the regulation and management of Australian airspace, ensuring that all changes to the airspace are legally enforceable. The airspace changes are documented in the Designated Airspace Handbook (DAH), which is updated on a cycle of approximately 24 to 28 weeks. This handbook, along with the Aeronautical Information Publication (AIP) MAP products as defined in ICAO Annex 15, provides a permanent description of the airspace, including its lateral and vertical limits and other pertinent details. The DAH incorporates a specific section effective from 09 June 2005, which outlines the Class G airspace. The impact of these changes is expected to be minimal, as most of the airspace already exists as previously established airspace for all flight operations. The minor adjustments to Class G airspace have been made to accommodate the extension of Class C airspace around the Perth terminal area and to introduce or alter restricted areas to align with defence firing areas within Class G airspace. These changes were made following consultations with the industry and were reviewed by the Office of Regulatory Review, which determined that a Regulation Impact Statement was not necessary due to the minimal anticipated impact on businesses.
Key Provisions
The main operative sections of the legislation (F2005L01168) pertain to the legalisation of changes to airspace, specifically Class G airspace, as described in the attachment to the Explanatory Statement. This legislative instrument is signed by the appropriate delegate and serves to give legal effect to the changes, which are also published in the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH) (sections 1 and 2). The DAH, which is updated approximately every 24 to 28 weeks, lists the lateral and vertical limits and other details of the airspace volumes in a tabular form (section 2).
The Act imposes several obligations and requirements on the parties or entities it governs. Primarily, it requires that any changes to airspace must be given legal effect through the raising of a valid Legislative Instrument. The DAH must be updated to reflect these changes, ensuring that the lateral and vertical limits and other pertinent details of airspace volumes are accurately listed and described (sections 1 and 2). Additionally, the Act mandates that a flight information service be made available on request for aircraft operating within Class G airspace (section 3).
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Explanatory Statement for breaches of this legislation. However, the requirement to provide accurate and up-to-date information in the DAH is critical, and failure to comply could potentially result in legal or operational issues. The legislation emphasises the importance of consulting with the industry before making changes and the determination by the Office of Regulatory Review that a Regulation Impact Statement would not be required due to the negligible impact on businesses (section 4).