Explanatory Statement – 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 07 June 2007, 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 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 G Airspace legislative instrument, enacted under F2007L01618, was introduced to provide a formal legal framework for the description and regulation of Class G airspace within the Australian flight information region. This instrument was established to ensure that the permanent description of airspace is clearly defined and accessible to all relevant stakeholders. It was enacted by the appropriate delegate, aligning with the requirements of international civil aviation standards as outlined in ICAO Annex 15. The primary objective of this legislation is to maintain a well-documented and regulated airspace environment, thereby facilitating safe and efficient flight operations. The impact of this legislative instrument is considered negligible, as it primarily formalises already existing airspace designated for all flight operations within Australia. Given its minimal impact on businesses, a Regulation Impact Statement was deemed unnecessary.
Scope and Application
The F2007L01618 legislative instrument pertains to the classification and description of Class G airspace within the Australian flight information region. This airspace is designated for both Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft operations and is subject to the legislative framework governing airspace management in Australia. The geographic reach of this Act is national, applying uniformly across all states and territories within the Commonwealth of Australia. The determination of Class G airspace does not impose new restrictions but rather formalises the existing airspace allocations, ensuring they are legally recognised and appropriately documented. This legal instrument operates under the authority granted by the Civil Aviation Act 1988, which empowers the relevant authorities to designate and alter airspace classifications through legislative instruments. Notably, the instrument is expected to have a negligible impact on existing flight operations and businesses, as it primarily seeks to formalise airspace that is already in practical use. The determination does not introduce any new exclusions, exemptions, or thresholds beyond those already established under the broader civil aviation regulations.
Key Provisions
The main operative sections of this legislation (F2007L01618) provide a detailed description of Class G airspace, which becomes effective from 07 June 2007 (section 1). This airspace encompasses areas where Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft are permitted, and where a flight information service can be requested (section 2). The description includes the lateral and vertical limits and any other pertinent details of the airspace volume (section 3). This permanent description is published in the AIP MAP products, as defined in ICAO Annex 15, and in the Designated Airspace Handbook (DAH), which is issued on an alternating approximate 24/28 week cycle (section 4).
The legislation imposes specific obligations and requirements on the parties or entities it governs. Primarily, it mandates that all changes to airspace must be given legal effect by the raising of a valid Legislative Instrument, signed by the appropriate delegate (section 5). The DAH lists and describes the airspace in tabular form, providing clear and detailed information about the airspace's lateral and vertical limits (section 6). The document also ensures that the description of Class G airspace is consistent with existing airspace for all flight operations within the Australian flight information region (section 7). Furthermore, the Office of Best Practice Regulation (OBPR) has determined that this instrument is unlikely to have a direct or significant indirect impact on businesses, confirming that a Regulation Impact Statement is not required (section 8).
The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, the requirement to raise a valid Legislative Instrument signed by the appropriate delegate implies that any failure to comply with the provisions could potentially lead to legal ramifications (section 9). Although the document does not provide specific maximum penalties for breaches, the importance of adhering to the established procedures and descriptions suggests that non-compliance could result in significant legal and operational consequences for the involved parties (section 10). The detailed and permanent description of the airspace is crucial for the safe and efficient management of air traffic within the Australian flight information region (section 11).