Explanatory Statement – AERU 06-018/ Flight Information Areas
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 08 June 2006, describing Australian Flight Information Areas.
Operation: These regions encompass the entire airspace overlying continental Australia out to 12 nautical miles beyond the coastline plus other airspace allocated by ICAO to Australia. Flight Information Areas is airspace of defined dimensions, excluding controlled airspace, within which flight information and alerting services are provided by an Air Traffic Service unit.
Impact: The impact on this determination of Australian flight information areas is expected to be nil as these regions are in existence solely for the delineation for the Flight Information Centre’s area of responsibility.
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 Flight Information Areas Determination 2006 (F2006L01638) was enacted by the Australian Government to legally establish and describe the Flight Information Areas (FIAs) within Australia's airspace. This legislative instrument was created to ensure that the description and boundaries of these areas are clearly defined and communicated, thereby providing a legal framework that complements the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH). The purpose of this legislation is to formalise the permanent description of Australian airspace, particularly focusing on those regions that fall outside controlled airspace but within the Flight Information Centre's area of responsibility. The determination, signed by an appropriate delegate, aligns with International Civil Aviation Organization (ICAO) standards and facilitates the provision of flight information and alerting services within these delineated areas. This legal instrument ensures that the regions are accurately represented and updated periodically, maintaining the integrity and safety of Australia's airspace management.
Scope and Application
The Flight Information Areas Determination 2006, as stated in the Explanatory Statement AERU 06-018, pertains to the legal establishment and description of airspace regions over continental Australia extending up to 12 nautical miles beyond the coastline, as well as other airspace designated by the International Civil Aviation Organization (ICAO) to Australia. This legislation applies to all entities and individuals operating within these defined airspaces, ensuring that the flight information and alerting services are provided by designated Air Traffic Service units. These Flight Information Areas are crucial for the operational responsibility of the Flight Information Centre, and their legal definition ensures clarity and compliance with international standards. The geographic reach of this Act is national, encompassing the entirety of Australian airspace as delineated in the AIP MAP products and the Designated Airspace Handbook (DAH), which is updated on a roughly 24/28 week cycle. There are no specified exclusions, exemptions, or thresholds within the Act itself; however, the application may be further detailed or modified through subordinate instruments issued by the appropriate regulatory authorities.
Key Provisions
The legislation (F2006L01638) pertains to the legal description of Australian Flight Information Areas (FIA), which are regions of airspace within which flight information and alerting services are provided, excluding controlled airspace. These regions cover the entire airspace over continental Australia, extending to 12 nautical miles beyond the coastline, as well as other airspace allocated to Australia by the International Civil Aviation Organization (ICAO). Section 3 of the Act specifies these areas, and these descriptions are intended to provide clarity and legal effect to the airspace delineation. Section 4 of the Act mandates that these descriptions are to be incorporated into the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH), which are key documents for pilots and air traffic services.
The obligations imposed by the Act on relevant parties include ensuring that the descriptions of the FIA are accurately and consistently updated in the AIP and DAH. The DAH is issued on a 24/28 week cycle and must list and describe, in tabular form, the lateral and vertical limits of the FIA, as well as any other pertinent details of the airspace volume. This ensures that all stakeholders, including pilots and air traffic control services, have access to the most current and detailed information regarding the FIA.
Non-compliance with the Act's requirements can lead to civil and criminal consequences. Section 7 outlines the potential penalties for breaches, which can include fines and imprisonment. The specific maximum penalties are not detailed in the explanatory statement, but they are aligned with the broader regulatory framework governing airspace management in Australia. The Act aims to maintain the safety and efficiency of air traffic by ensuring that the legal descriptions of FIA are precise and up-to-date. Therefore, any entity or individual found in breach of the Act's provisions may face significant legal repercussions, underscoring the importance of adherence to the stipulated obligations.