Explanatory Statement – AERU 05-11/ Flight Information Regions
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 09 June 2005, describing Australian Flight Information Regions.
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. It has been determined that this portion of airspace should be provided with a flight information service and alerting service.
Impact: The impact on this determination of Australian flight information regions 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 Regions Determination 2005 (F2005L01155) was enacted to legally formalise the delineation of airspace regions in Australia, providing a structured framework for the provision of flight information services within these regions. This Act was introduced to address the need for clear legal definitions of Australian airspace, which are essential for the operation and oversight of air traffic services. The determination was made by the Commonwealth Government under the authority granted by the Civil Aviation Act 1988, with the objective of ensuring that the airspace regions are accurately described and managed to support safe and efficient air traffic operations. This determination ensures that the Flight Information Regions are clearly defined and communicated, facilitating the provision of flight information services and alerting services as mandated by international civil aviation standards.
Scope and Application
The AERU 05-11/ Flight Information Regions legislation pertains to the establishment and legal definition of airspace regions 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). This Act applies to the entire airspace of continental Australia, ensuring that any changes to airspace are formally recognised through the creation of a valid Legislative Instrument, signed by the appropriate delegate. The geographic reach of this legislation encompasses the airspace above continental Australia and beyond, with the aim of providing a flight information service and alerting service to these regions. The Act includes a detailed description of the Flight Information Regions, published in the Designated Airspace Handbook (DAH) which is updated approximately every 24 to 28 weeks. This publication lists and describes the airspace boundaries and other pertinent details in tabular form. Notably, this legislation does not extend to any other territories or regions outside the specified airspace, nor does it apply to non-aviation related activities or entities. The Act is designed to provide a clear and permanent description of the airspace, thereby ensuring efficient and effective management by the Flight Information Centre.
Key Provisions
The main operative sections of F2005L01155 (Flight Information Regions) include the definition and description of Australian Flight Information Regions as detailed in the Designated Airspace Handbook (DAH). Section (1) identifies the regions that encompass the entire airspace over continental Australia up to 12 nautical miles beyond the coastline, along with any additional airspace allocated by ICAO to Australia. These regions are designated for the provision of flight information service and alerting service, as stated in Section (2). The DAH, which is updated on an alternating 24/28 week cycle, provides a comprehensive list of the lateral and vertical limits of these regions, along with other relevant details (Section (3)).
The Act imposes specific obligations on entities and parties within these Flight Information Regions. Firstly, it mandates that all changes to the airspace must be legally effective through the raising of a valid Legislative Instrument, signed by the appropriate delegate (Section (4)). Secondly, it requires the permanent description of the airspace to be published in the Aeronautical Information Publication (AIP) MAP products and the DAH, ensuring that these documents are compliant with ICAO Annex 15 standards (Section (5)). Additionally, the Flight Information Centre is responsible for managing the area of responsibility within these regions, ensuring that the flight information service and alerting service are provided as required (Section (6)).
Failure to comply with the provisions of F2005L01155 can result in significant consequences. While specific offences and penalties are not detailed within the explanatory statement, breaches of regulations governing airspace changes and the provision of flight information services can potentially lead to both civil and criminal liabilities. Civil penalties might include fines and other monetary sanctions, while criminal penalties could involve imprisonment, depending on the severity and intent of the breach. These penalties are intended to ensure the safety and proper management of Australia's airspace.