Explanatory Statement –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 23 November 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 instrument, F2006L03815, was enacted in 2006 by the Australian government to legally formalise and delineate the Flight Information Areas (FIAs) within Australia's airspace. This legislation aims to provide a permanent legal description of the airspace, ensuring that all changes are properly documented and signed by the appropriate delegate. The instrument updates and formalises the description of Australian airspace, excluding controlled airspace, within which flight information and alerting services are provided by an Air Traffic Service unit. It specifies the lateral and vertical limits of these regions and is integral to the functioning of the Flight Information Centre’s area of responsibility. The determination was reviewed by the Office of Regulation Review, which found that it was unlikely to have a direct or significant indirect impact on businesses, thus negating the need for a Regulation Impact Statement.
The enactment of F2006L03815 was authorised by the Parliament of Australia to ensure that the airspace over continental Australia, including the areas up to 12 nautical miles beyond the coastline, is clearly defined and managed. This legal instrument serves to formalise the existing FIAs and aligns them with international standards as set out by ICAO. By publishing these details in the Designated Airspace Handbook (DAH), which is updated on a regular cycle, the government ensures that all stakeholders have access to the most current information regarding Australia's flight information areas. The DAH, along with the Aeronautical Information Publication (AIP) MAP products, provides a comprehensive and accessible description of these areas, facilitating effective air traffic management and ensuring safety and efficiency in Australian airspace.
Scope and Application
The Flight Information Areas instrument establishes the legal framework for the definition and management of Australian flight information areas, which are regions of airspace over continental Australia extending to 12 nautical miles beyond the coastline, and other airspace allocated to Australia by the International Civil Aviation Organization (ICAO). This instrument applies to all airspace within these designated flight information areas, which are critical for the provision of flight information and alerting services by Air Traffic Service units, excluding controlled airspace. The instrument operates under the purview of the Civil Aviation Safety Authority, ensuring that all changes to the airspace are formalised through valid Legislative Instruments signed by the appropriate delegate. The geographic reach of this instrument is national, encompassing the entire airspace over Australia as delineated by ICAO, and it includes updates to the Designated Airspace Handbook, which details the specific lateral and vertical limits of these areas. This instrument does not extend to controlled airspace and is designed purely to clarify the Flight Information Centre's area of responsibility. As the changes are primarily administrative and do not affect businesses directly, the instrument does not require a Regulation Impact Statement.
Key Provisions
The legislation F2006L03815 primarily addresses the legal delineation of Flight Information Areas (FIA) in Australian airspace, as defined in the Designated Airspace Handbook (DAH) (section 2). It outlines the permanent description of airspace that is published in the AIP MAP products and the DAH (section 3). The Act raises the legal effect of any changes to airspace through the creation of a valid Legislative Instrument, signed by the appropriate delegate (section 1). This instrument specifically details the Australian Flight Information Areas effective from 23 November 2006, providing the lateral and vertical limits and other pertinent details (section 4).
The Act imposes several obligations on the relevant parties. It requires that all changes to the airspace must be legally documented and signed by the appropriate delegate (section 1). Additionally, it mandates the continuous publication of the permanent description of airspace in the AIP MAP products and the DAH, which are updated on an alternating 24/28 week cycle (section 3). The DAH must list and describe the lateral and vertical limits of airspace, providing comprehensive details of the airspace volume (section 4).
There are no explicit offences, penalties, or consequences for breach detailed within the text of this legislation. However, the requirement to create a valid Legislative Instrument and to ensure all changes to airspace are legally documented suggests a formal compliance process. Failure to adhere to these provisions could result in legal challenges or regulatory action, although the specific consequences are not outlined within this excerpt. The Office of Regulation Review has determined that this instrument is unlikely to have a direct or significant indirect impact on businesses, thus confirming that a Regulation Impact Statement is not necessary (section 5).