Explanatory Statement – AERU 06-017/ 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 08 June 2006, 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 Aeronautical Information Publication (Flight Information Regions) Instrument 2006 (F2006L01622) was enacted in 2006 to provide legal effect to changes in the description of Australian Flight Information Regions. This instrument, which is a legislative instrument signed by the appropriate delegate, ensures that all changes to airspace are properly documented and legally recognised. It addresses the need for a permanent description of airspace, which is published in the Aeronautical Information Publication (AIP) products and the Designated Airspace Handbook (DAH). The DAH is updated approximately every 24 to 28 weeks, detailing the lateral and vertical limits of airspace volumes. This legislation was introduced to formalise the delineation of flight information regions within Australia, ensuring clarity and consistency in the management of airspace. The impact of these regions is limited to defining the Flight Information Centre's area of responsibility, with no significant effects on businesses, as confirmed by the Office of Regulation Review.
Scope and Application
The Flight Information Regions (FIR) legislation, as detailed in F2006L01622, applies to the entire airspace over continental Australia extending 12 nautical miles beyond the coastline, as well as other airspace allocated to Australia by the International Civil Aviation Organization (ICAO). This legislation is crucial in providing a legal framework for the permanent description of airspace, which is essential for the proper functioning of flight information services and alerting services within these regions. The changes to airspace are formalised through valid Legislative Instruments, signed by the appropriate delegates, and are documented in the Aeronautical Information Publication (AIP) MAP products and the Designated Airspace Handbook (DAH). The DAH, published on an approximately 24/28 week cycle, lists and describes the lateral and vertical limits of the airspace, as well as other pertinent details. The specific changes in the legislation pertain to the Australian Flight Information Regions, which are established solely to delineate the Flight Information Centre's area of responsibility. The impact of these changes is expected to be negligible as they merely formalise existing regions. Additionally, the Office of Regulation Review has determined that this instrument is unlikely to have a direct or significant indirect impact on businesses, hence no Regulation Impact Statement is required. This legislative instrument extends its application through subordinate instruments, ensuring the comprehensive management and regulation of Australian airspace.
Key Provisions
The key provisions of this legislation (F2006L01622) are concerned with the legal formalisation of changes to Australian airspace, specifically Flight Information Regions (FIRs). Section 3 outlines the requirement for all changes to airspace to be legally formalised through a valid Legislative Instrument, which must be signed by the appropriate delegate. This legal formality ensures that any modifications to the airspace are recognised and enforceable under the law. Section 4 specifies that the permanent description of airspace is published in the Aeronautical Information Publication (AIP) MAP products and the Designated Airspace Handbook (DAH). The DAH, which is issued on an approximate 24/28 week cycle, provides a tabular description of the airspace including its lateral and vertical limits and any other relevant details. This ensures that the details of Australian airspace are both accessible and up-to-date.
The Act imposes several obligations on the parties or entities it governs. Firstly, it mandates that any changes to the description of Australian airspace must be formalised through a Legislative Instrument, as stated in Section 3. This ensures that all modifications are legally binding and enforceable. Additionally, Section 4 requires the publication of these changes in the DAH and AIP MAP products. This requirement ensures transparency and accessibility of airspace information, allowing all relevant parties to be aware of the current airspace configuration. The DAH, being a regularly updated document, ensures that the information remains current and accurate.
There are no explicit offences, penalties, or civil/criminal consequences for breach mentioned in the legislation. However, the importance of adhering to the formalisation and publication requirements cannot be understated. Failure to comply with these provisions could potentially lead to issues with the enforceability of airspace changes and could impact the safety and efficiency of air traffic management. While specific penalties are not detailed in the text, non-compliance could result in legal challenges or operational difficulties for entities involved in air navigation services. The legal enforceability of the Legislative Instrument ensures that any breaches would be subject to the appropriate legal consequences as per Australian law.