Explanatory Statement – AERU 05-53/ 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, as amended by F2005L03644, aim to specify the aerodromes within Australia's flight information regions that are subject to control by licensed air traffic controllers. This legislative instrument was enacted in 2005 by the Australian Government and serves to clarify and enforce the scope of authority for air traffic controllers in directing and instructing aircraft at designated aerodromes. The objective of this regulation is to ensure the safe and efficient operation of air traffic within Australia by providing a clear framework for the issuance of enforceable directions and instructions by licensed air traffic controllers at controlled aerodromes. The determination of these aerodromes is expected to have minimal impact on businesses, as confirmed by the Office of Regulation Review, which assessed that a Regulation Impact Statement was not necessary.
Scope and Application
The F2005L03644 instrument, titled "Controlled Aerodromes," applies to licensed air traffic controllers operating within Australian flight information regions, specifically designating certain aerodromes as "controlled" where these controllers may issue enforceable directions and instructions to aircraft. This designation is integral to the enforcement and implementation of air traffic management protocols as outlined in the Air Services Regulations. The geographic reach of this legislation is national, encompassing all controlled aerodromes within Australia, thereby ensuring a consistent approach to air traffic control across the country. While the instrument specifies the aerodromes that fall under its purview, it does not explicitly mention exclusions or exemptions, implying that all listed aerodromes are subject to the regulations unless otherwise specified through subordinate instruments. The application of this legislation is limited to those aerodromes detailed in the attachment to the instrument, and it does not extend to other areas of air traffic control or aerodrome operations not directly related to the issuing of instructions by licensed controllers.
Key Provisions
The primary operative sections of the F2005L03644 instrument focus on defining and listing controlled aerodromes within Australian flight information regions (sections 3 and 4). These sections specify which aerodromes are subject to the control of licensed air traffic controllers who can issue enforceable directions and instructions to aircraft. Essentially, section 3 outlines the criteria for designating an aerodrome as controlled, while section 4 provides an attachment listing those aerodromes that meet the criteria.
The Act imposes certain obligations on the parties it governs, primarily ensuring that only licensed air traffic controllers, as defined under the Air Services Regulations, can issue enforceable instructions at these controlled aerodromes. Additionally, it mandates that the aerodromes listed in the attachment adhere to the operational standards and protocols required for controlled aerodromes. This includes ensuring that necessary infrastructure and personnel are in place to manage air traffic safely and efficiently.
Failure to comply with the provisions of this Act can result in various consequences. While the instrument does not explicitly detail offences or penalties, it operates under the broader framework of the Air Services Regulations, which may include administrative actions, fines, or other civil or criminal penalties. The severity of these penalties can vary, but they are intended to enforce compliance with aviation safety standards and ensure the safe operation of controlled aerodromes. It is essential for all parties involved to adhere to these regulations to avoid potential repercussions.