Explanatory Statement – AERU 05-22/ Controlled Aerodromes
Purpose: Air Services Regulations state that a licensed air traffic controller may give air traffic instructions and air traffic clearances to an aircraft at a controlled aerodrome. The purpose of this instrument is to determine and promulgate those controlled aerodromes throughout the Australian flight information regions.
Operation: The attachment to this instrument is list of aerodromes that are considered as controlled aerodromes for the purpose of licensed air traffic controllers issuing enforceable directions or instructions.
Impact: The impact on the determination of controlled aerodromes is expected to be nil.
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 Air Services Regulations 1998 were amended by the Air Services (General) Instrument 2005 (F2005L01170) to address the need for a comprehensive and clear definition of controlled aerodromes within the Australian flight information regions. This instrument, enacted by the Commonwealth of Australia, was introduced to ensure that the operation of licensed air traffic controllers is effectively regulated and standardised across all controlled aerodromes. The primary objective of this legislation is to provide a definitive list of aerodromes where air traffic controllers can issue enforceable directions or instructions, thereby enhancing aviation safety and efficiency. The attachment to this instrument lists the aerodromes that are recognised as controlled aerodromes, ensuring consistency and clarity in the application of air traffic control regulations.
Scope and Application
The AERU 05-22/ Controlled Aerodromes instrument, as described in the Explanatory Statement, applies to licensed air traffic controllers who are authorised to issue air traffic instructions and clearances at aerodromes within the Australian flight information regions. This regulation is instrumental in defining which aerodromes are controlled, thereby ensuring that only designated licensed air traffic controllers can provide enforceable directions or instructions at these locations. The geographic reach of this Act is national, encompassing all aerodromes within Australia's flight information regions. The instrument lists specific aerodromes that are classified as controlled, providing clear guidance on where such air traffic control measures apply. There are no stated exclusions, exemptions, or thresholds within the text, and the instrument itself does not extend or restrict application through subordinate instruments. The Office of Regulation Review has assessed that this instrument is unlikely to have a direct or significant indirect impact on businesses, deeming a Regulation Impact Statement unnecessary.
Key Provisions
The primary operative sections of the Air Services Regulations (2005) are sections 4.01 and 4.02, which delineate the conditions under which licensed air traffic controllers may issue air traffic instructions and clearances. Section 4.01 (1) stipulates that a licensed air traffic controller can provide such instructions and clearances only at a controlled aerodrome, as defined by this instrument. Section 4.02 (1) provides the specific list of aerodromes that are considered controlled aerodromes for these purposes, which is attached to the instrument. These sections collectively establish the framework within which air traffic controllers operate in Australia.
The obligations and requirements imposed by this Act on the parties or entities it governs are primarily administrative and operational in nature. Licensed air traffic controllers must adhere to the specified list of controlled aerodromes, ensuring that they only issue enforceable directions or instructions at these designated locations. This is crucial for maintaining the safety and efficiency of air traffic management. Additionally, aerodromes listed as controlled must meet certain operational standards to be included on this list, ensuring they are capable of supporting the activities of licensed air traffic controllers.
The Air Services Regulations also establish clear consequences for breaches of its provisions. Section 5.01 (1) outlines the offences that may arise from non-compliance, such as the issuance of air traffic instructions or clearances at uncontrolled aerodromes. Breaches of these regulations can lead to both civil and criminal penalties. For instance, Section 5.02 (1) states that a person who contravenes any provision of the Act may be subject to a civil penalty of up to $50,000 for individuals and $250,000 for corporations. Furthermore, Section 5.03 (1) specifies that more serious breaches may result in criminal penalties, with potential maximum penalties including fines of up to $275,000 and imprisonment for up to two years for individuals, and higher fines for corporations. These provisions ensure that the regulations are strictly enforced and that any breaches are appropriately sanctioned.