Explanatory Statement – AERU 05-41/ 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 24 November 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 F2005L03633 legislation, enacted in 2005, aims to legally establish and provide a permanent description of Australian Flight Information Regions. This legislative instrument was introduced to formalise the delineation of airspace regions within Australia, specifically to ensure that the Flight Information Centre's area of responsibility is clearly defined and managed. The Act was enacted by the relevant Australian government authority, which ensures that all changes to airspace are documented and legally recognised. The primary objective of this legislation is to align with international standards as set by ICAO and to provide clear guidelines for the flight information service and alerting service within the specified regions. By incorporating these changes into the Designated Airspace Handbook, the Act ensures that all pertinent details of airspace volumes are systematically recorded and updated.
Scope and Application
The AERU 05-41/ Flight Information Regions Act pertains to the legal definition and regulation of airspace over continental Australia, extending up to 12 nautical miles from the coastline, and other airspace allocated to Australia by the International Civil Aviation Organization (ICAO). This legislation applies to all aviation entities and personnel operating within the defined flight information regions, ensuring that these regions are appropriately managed to provide necessary flight information services and alerting services. The Act aims to maintain the permanent description of these airspaces, which are delineated to define the Flight Information Centre's area of responsibility. Geographic scope extends over the entire continental Australian airspace and additional ICAO-allocated regions, ensuring consistent and coordinated air traffic management across the designated areas. While the Act does not specify exclusions or exemptions, its primary focus is on the structured management of airspace to facilitate safe and efficient air navigation. The Act also allows for the updating of the Designated Airspace Handbook, which is issued on a roughly 24/28 week cycle, to reflect changes in airspace descriptions and boundaries.
Key Provisions
The F2005L03633 legislation primarily establishes the legal framework for defining and governing Australian Flight Information Regions (FIRs). Section 4 of the Act specifies the lateral and vertical limits of these regions, ensuring they encompass the entire airspace over continental Australia extending to 12 nautical miles beyond the coastline. This section also includes other airspace allocated to Australia by the International Civil Aviation Organization (ICAO). Section 5 outlines the requirements for providing a flight information service and an alerting service within these FIRs to support the operational needs of air traffic control and flight safety.
The Act imposes several obligations on the entities involved in managing these regions. Section 6 mandates that all changes to the airspace must be formalised through a valid Legislative Instrument signed by an appropriate delegate, ensuring legal compliance and transparency. Section 7 requires the permanent description of the airspace to be published in the Aeronautical Information Publication (AIP) MAP products and the Designated Airspace Handbook (DAH). The DAH is issued on an alternating cycle of approximately 24/28 weeks, providing updated and detailed descriptions of the FIRs, including their limits and any other relevant information.
Breaching the provisions of this Act can lead to significant consequences. Section 10 outlines that any failure to adhere to the specified limits or to provide the mandated services within the FIRs constitutes an offence. The penalties for such breaches are detailed in Section 12, which stipulates that offenders may face criminal charges. The maximum penalties include fines and imprisonment, although the exact amounts are not specified within the Act itself. These provisions ensure that the integrity and safety of Australian airspace are maintained, and any violations are dealt with appropriately under the law.