Explanatory Statement – 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 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 Controlled Aerodromes instrument, F2007L01620, was enacted in 2007 to address the need for clarity and consistency in identifying which aerodromes within Australian flight information regions are controlled, thereby permitting licensed air traffic controllers to issue enforceable instructions and clearances. This legislative instrument was introduced by the Australian Government, specifically through the authority vested in the Civil Aviation Safety Authority (CASA) to regulate air navigation services. The policy objective is to ensure that air traffic management is effectively administered by providing a clear and unambiguous list of controlled aerodromes where licensed controllers can operate. This is essential for maintaining the safety and efficiency of air traffic within Australia’s airspace.
Scope and Application
The Air Services Regulations, as supplemented by the instrument F2007L01620, specify that only licensed air traffic controllers are authorised to issue air traffic instructions and clearances at controlled aerodromes within Australia's flight information regions. The Act applies to aerodromes listed in the attachment to the instrument, which delineates the locations designated as controlled aerodromes. These aerodromes are subject to regulation by licensed air traffic controllers who are empowered to enforce directions and instructions to aircraft operating within these areas. The geographic reach of this legislation is national, impacting all controlled aerodromes throughout the Commonwealth of Australia. No exclusions, exemptions, or specific thresholds are mentioned in the text, implying that all aerodromes listed are subject to the same regulatory framework. The instrument does not extend or restrict its application through subordinate instruments, as per the provided explanatory statement.
Key Provisions
The Controlled Aerodromes instrument (F2007L01620) lists the aerodromes within Australian flight information regions that are designated as controlled aerodromes, as defined in section 2(1) of the Air Services Regulations. These are the aerodromes where licensed air traffic controllers are permitted to issue enforceable directions and instructions to aircraft under section 2(2) of the Regulations. This ensures that air traffic management is effectively coordinated at these key locations to maintain safety and efficiency within the Australian airspace.
The obligations imposed by this instrument on the parties involved primarily revolve around compliance with the identified controlled aerodromes as listed in the attachment. Air traffic controllers must adhere to the regulations governing their operations at these aerodromes, ensuring that all instructions and clearances are issued in accordance with the established procedures. The aerodromes themselves must meet the necessary criteria to be classified as controlled, which typically involves having adequate infrastructure, personnel, and systems to support air traffic control operations.
Failure to comply with the regulations governing controlled aerodromes can result in both civil and criminal consequences. Under section 2(3) of the Air Services Regulations, violations can lead to penalties such as fines and imprisonment. The exact penalties are determined based on the nature and severity of the breach, but the instrument does not specify maximum penalties. These consequences are designed to enforce adherence to the safety and operational standards set forth by the Civil Aviation Safety Authority (CASA) and to uphold the integrity of air traffic management within Australia.