Air Services Regulations - Controlled Aerodromes (AERU 06-053) (21/11/2006)

Overview

The Controlled Aerodromes Instrument 2006 (F2006L03798) was enacted to delineate the aerodromes within Australian flight information regions that are considered controlled, thereby establishing where licensed air traffic controllers can issue enforceable directions and instructions. This instrument was introduced to address the need for a clear and specific list of controlled aerodromes as outlined in the Air Services Regulations, ensuring that licensed air traffic controllers have the authority to give air traffic instructions and clearances at these designated aerodromes. The enacting body for this instrument was the Australian Parliament, and the policy objective, as stated in the explanatory statement, is to provide a precise list of controlled aerodromes to facilitate the effective and safe operation of air traffic management within Australia. The instrument is expected to have no significant impact on businesses, as confirmed by the Office of Regulation Review, which determined that a Regulation Impact Statement was unnecessary.

Scope and Application

The Controlled Aerodromes instrument, F2006L03798, applies to the operation of licensed air traffic controllers in Australia, specifically determining which aerodromes are classified as controlled aerodromes. This classification is crucial as it defines the scope of authority for air traffic controllers to issue enforceable directions and instructions to aircraft within the Australian flight information regions. The instrument specifies a list of aerodromes that are designated as controlled aerodromes, thereby identifying where such instructions and clearances can be legally issued. The reach of this legislation is national, operating within the flight information regions of Australia and affecting all licensed air traffic controllers operating within these regions. The instrument does not specify any exclusions or exemptions, nor does it mention any thresholds or criteria for determining controlled aerodromes beyond the list provided. The application of this instrument may be extended or further detailed through subordinate instruments or regulations, though these are not explicitly mentioned in the explanatory statement.

Key Provisions

The primary sections of the legislation (F2006L03798) outline the identification and listing of controlled aerodromes within the Australian flight information regions (FFIR). Section 1 specifies the purpose, which is to define which aerodromes are controlled for the purposes of licensed air traffic controllers issuing enforceable instructions and clearances. Section 2 provides the operational mechanism by detailing how the attachment to the instrument lists the controlled aerodromes. These aerodromes are those where air traffic controllers can give enforceable air traffic instructions and clearances to aircraft. The impact section, in turn, asserts that this determination is not expected to have any significant effect on businesses or the economy, thus confirming that a Regulation Impact Statement is unnecessary. The obligations imposed by the Act on the parties or entities it governs primarily concern the identification and compliance with the operations at the listed controlled aerodromes. Licensed air traffic controllers are required to operate under the specified conditions within these aerodromes, ensuring that they adhere to the enforceable instructions and clearances as outlined in the Air Services Regulations. The Act also mandates that these controllers follow the stipulated procedures for managing air traffic within the controlled aerodromes to ensure safety and efficiency in air operations. The legislation also outlines specific offences, penalties, and consequences for non-compliance. While the Act does not explicitly detail penalties, it references the broader Air Services Regulations, which typically include provisions for enforcement actions. Breaches of the enforceable instructions and clearances can lead to civil or criminal consequences, including fines and potential disqualification from operating as a licensed air traffic controller. The exact penalties would depend on the severity of the breach and the applicable regulations, but they can be significant, reflecting the critical nature of air traffic control within controlled aerodromes.