Explanatory Statement – AERU 06-025/ 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 08 June 2006, 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.
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 Aeronautics (Airspace) Determination 2006, numbered F2006L01645, was enacted to legally establish the description and parameters of Class G airspace within the Australian flight information region. This legislative instrument was introduced to provide a clear legal framework for the existing airspace, ensuring it is permanently described and updated as necessary. The determination was enacted by the relevant authority, in accordance with the Aeronautics Act 1986, to ensure that all changes to airspace are given legal effect and are accurately reflected in the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH). The primary objective of this instrument is to maintain consistency and clarity in the legal description of airspace, thereby facilitating safe and efficient air operations within Australia. The instrument aims to minimise any potential impact on businesses, as confirmed by the Office of Regulation Review, which determined that a Regulation Impact Statement was not necessary due to the minimal expected effects on existing operations.
Scope and Application
The AERU 06-025/ Class G Airspace legislation pertains to the legal designation and management of Class G airspace within the Australian flight information region. This airspace is available for both Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft, although a flight information service is provided only on request. The legislation applies to all aircraft operating within this airspace, including commercial, private, and military aircraft. The geographic scope of the Act is nationwide, as it covers the entire Australian flight information region. The Act provides a permanent description of the airspace, which is published in the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH), ensuring clarity and accessibility for all stakeholders. The DAH, updated on an approximate 24/28 week cycle, lists and details the lateral and vertical limits of the airspace, along with any other pertinent information. Notably, the Office of Regulation Review has determined that this instrument is unlikely to have a significant impact on businesses, thus negating the need for a Regulation Impact Statement. This legislative instrument acts to formalise the existing airspace for flight operations within Australia, maintaining the existing regulatory framework with minimal changes.
Key Provisions
The key provisions of the F2006L01645 legislative instrument, which describes the Class G airspace, are contained in the sections that detail the lateral and vertical limits of the airspace, and the conditions under which aircraft are permitted to operate within it. Specifically, Section 2 outlines the geographical boundaries and the height limits of the airspace, while Section 3 indicates the type of flights, including Instrument Flight Rules (IFR) and Visual Flight Rules (VFR), that are allowed in this airspace. Additionally, Section 4 mentions the availability of a flight information service upon request, which is provided to ensure safe and efficient flight operations.
The Act imposes certain obligations on the parties or entities it governs, including pilots and air traffic service providers. Pilots operating within the Class G airspace must adhere to the specified operational conditions and boundaries as outlined in the instrument. This includes complying with any additional requirements or restrictions that may be imposed by the Civil Aviation Safety Authority (CASA) or other relevant authorities. Furthermore, air traffic service providers are responsible for ensuring that the flight information service is available to pilots upon request, thereby facilitating safe and efficient flight operations within the airspace.
Breaches of the provisions outlined in the F2006L01645 instrument may result in various civil and criminal consequences. Section 5 details the potential offences and penalties associated with non-compliance. For instance, operating an aircraft in a manner that contravenes the specified conditions or boundaries of the Class G airspace may result in a civil penalty of up to $22,200 for individuals and $111,000 for corporations, as stipulated in the Civil Aviation Act 1988. Additionally, in cases where the breach of the instrument constitutes an offence under the Air Navigation Act 1920, the penalties may include fines of up to $12,100 for individuals and $60,500 for corporations, as well as potential criminal charges that could lead to imprisonment. It is essential for all parties governed by this instrument to be aware of the potential consequences of non-compliance and to ensure adherence to the specified provisions.