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 07 June 2007, 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 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 Flight Information Areas Determination 2007 (F2007L01611) was enacted to legally define the Flight Information Areas (FIAs) across Australia, providing a framework for the provision of flight information and alerting services. This determination was introduced to ensure that the delineation of airspace is clearly documented and legally enforceable, as mandated by the Civil Aviation Act 1988. The instrument was enacted by the Australian Government, as indicated in the explanatory statement, which highlights that the legal effect of changes to airspace is formalised through the signing of a valid Legislative Instrument by an appropriate delegate. This legal framework ensures that the airspace descriptions, which are crucial for air traffic management, are permanently documented and updated in accordance with the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH). The policy objective is to maintain clear and consistent airspace descriptions that support the operational responsibilities of air traffic service units and align with international standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Flight Information Areas instrument, identified as F2007L01611, applies to the airspace regions designated as Flight Information Areas (FIA) within Australia, specifically those extending over continental Australia out to 12 nautical miles beyond the coastline, as well as other airspace allocated to Australia by the International Civil Aviation Organization (ICAO). This legislation serves to legally define and provide the permanent description of these airspace areas, which are not part of controlled airspace but are within which flight information and alerting services are offered by an Air Traffic Service unit. This description is published in the Aeronautical Information Publication (AIP) MAP products and the Designated Airspace Handbook (DAH). The DAH, updated approximately every 24 to 28 weeks, lists and describes the lateral and vertical limits of the airspace volume in tabular form. As the regions delineated are intended solely for defining the Flight Information Centre's area of responsibility, the instrument is not expected to have any significant impact on businesses, and accordingly, a Regulation Impact Statement was not deemed necessary by the Office of Best Practice Regulation (OBPR). The instrument's application is further extended and detailed through subordinate instruments that might adjust the specifics of airspace descriptions.
Key Provisions
The key operative sections of this legislation, F2007L01611, concern the establishment and legal effect of Flight Information Areas (FIAs) within Australian airspace (sections 1 and 2). Section 1 provides that all changes to airspace must be legally validated by a Legislative Instrument signed by the appropriate delegate. Section 2 describes the permanent legal definition of airspace, which is published in the Aeronautical Information Publication (AIP) MAP products and the Designated Airspace Handbook (DAH). The DAH, issued on an approximate 24/28 week cycle, lists and details the lateral and vertical limits of airspace volumes in tabular form. The specific section attached to this instrument, effective 07 June 2007, delineates Australian Flight Information Areas.
These sections impose specific obligations and requirements on the relevant parties. Firstly, the legislation mandates that any changes to airspace must be formalised through a Legislative Instrument, ensuring that all modifications are documented and authorised by the appropriate delegate (section 1). Secondly, the DAH serves as the authoritative document for the permanent description of airspace, including the FIAs, and must be updated and published regularly to reflect any changes (section 2). The DAH is essential for maintaining an accurate and up-to-date record of airspace dimensions and details, ensuring that all stakeholders have access to the most current information.
The legislation does not explicitly outline specific offences, penalties, or consequences for breaches. However, given the importance of airspace management for safety and regulatory compliance, non-compliance with these provisions could potentially lead to serious safety hazards and legal repercussions. The responsibility to adhere to these regulations lies with the relevant authorities responsible for airspace management. Any failure to comply could result in civil or criminal penalties under broader aviation safety legislation, such as the Civil Aviation Act 1988, depending on the severity and impact of the breach.