Explanatory Statement –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 23 November 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 Flight Information Regions Instrument 2006 (F2006L03814) was enacted to provide legal effect to changes in airspace, ensuring they are formally documented and signed by the appropriate delegate. This legislative instrument was introduced to address the need for a permanent description of airspace, which is published in the Aeronautical Information Publication (AIP) MAP products and the Designated Airspace Handbook (DAH). The DAH is updated on an alternating 24/28 week cycle and details the lateral and vertical limits and other pertinent information about the airspace volume. This instrument aims to define Australian Flight Information Regions which cover the entire airspace 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). The policy objective is to ensure that these regions, which are crucial for the Flight Information Centre’s area of responsibility, are clearly delineated and managed. The Office of Regulation Review assessed that this instrument is unlikely to have a direct or significant indirect impact on businesses, thereby negating the need for a Regulation Impact Statement.
Scope and Application
The F2006L03814 Act pertains to the legal formalisation of changes to airspace in Australia, ensuring that all modifications to airspace are enacted through properly signed Legislative Instruments. This Act applies to the delineation and management of Australian Flight Information Regions, which encompass the entire airspace over continental Australia extending to 12 nautical miles beyond the coastline, as well as other airspace allocated by the International Civil Aviation Organization (ICAO) to Australia. These regions are defined to facilitate the provision of flight information and alerting services by the Flight Information Centre. The Act ensures the permanent description of these regions is published in the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH), which are issued on a 24/28 week cycle. While the Act establishes the legal framework for these airspace regions, it does not extend to or restrict the application of any subordinate instruments beyond the scope defined by the DAH and AIP. The Office of Regulation Review has determined that this Act is unlikely to have a direct or significant indirect impact on businesses, thereby not requiring a Regulation Impact Statement.
Key Provisions
The primary sections of the legislation (F2006L03814) outline the legal framework for establishing and describing Australian Flight Information Regions (FIRs) as they relate to the airspace over continental Australia and its surrounding areas. Section 1 specifies that the permanent description of these regions is published in the Aeronautical Information Publication (AIP) MAP products and the Designated Airspace Handbook (DAH). This legal instrument, effective from 23 November 2006, provides the necessary details and demarcation of Australian FIRs, including their lateral and vertical limits, to ensure consistency and compliance with ICAO standards.
Under this Act, the obligations of the relevant authorities, primarily the Flight Information Centre, are to ensure that the airspace designated as FIRs is properly managed and monitored. This involves maintaining the DAH, which is updated on a roughly 24/28 week cycle, to reflect any changes in the airspace descriptions. Additionally, these authorities must ensure that the airspace within these regions receives the required flight information service and alerting service, as stipulated in the Act. The DAH serves as the primary reference document, providing all pertinent details that define the boundaries and characteristics of the FIRs.
Breach of the provisions laid out in this legislation could result in significant consequences. Although the explanatory statement suggests that the impact on businesses is expected to be minimal, any failure to comply with the requirements for the accurate and timely publication of airspace details could lead to operational inefficiencies and safety risks. While specific penalties are not detailed in the explanatory statement, breaches of airspace management and related services could potentially incur civil or administrative penalties, depending on the severity and impact of the non-compliance. The overarching aim is to maintain the safety and efficiency of the airspace, and any deviation from the prescribed standards could result in enforcement actions to rectify the situation.