EXPLANATORY STATEMENT
Name of instrument: Temporary Reclassification of Airspace
Number of Instrument: AERU 07-86
Summary
This Instrument reclassifies a section of airspace for glider flying activities at Bacchus Marsh, Victoria. This airspace is normally class “C” but during the activation of this instrument it will be class “G”. This means that the air traffic services provided in the airspace will be reduced to those of Class “G” also during the activity periods which will be notified to airmen by NOTAM.
Overview
The instrument titled "Temporary Reclassification of Airspace" was enacted in 2007 to address the need for a temporary change in airspace classification to facilitate glider flying activities at Bacchus Marsh, Victoria. This legislation was enacted by the Australian Government, aiming to provide a regulatory framework that accommodates the specific requirements of glider operations while ensuring the safety and efficiency of air traffic management. By temporarily reclassifying the airspace from Class "C" to Class "G" during designated periods, the instrument aims to reduce the level of air traffic services provided to align with the operational needs of glider activities, while still maintaining a level of oversight to ensure safety. This reclassification and the associated reduction in air traffic services are communicated to airmen through the Notice to Airmen (NOTAM) system.
Scope and Application
The AERU 07-86 Instrument pertains to the temporary reclassification of a specific section of airspace located at Bacchus Marsh, Victoria, which is typically designated as Class "C" airspace. This reclassification is implemented to accommodate glider flying activities within the specified area, altering the airspace classification to Class "G" during the periods when such activities are scheduled. The Instrument ensures that the air traffic services provided in the airspace are correspondingly reduced to those typical of Class "G" airspace for the duration of the glider flying activities. This change in classification and the corresponding modifications to air traffic services are communicated to airmen through a Notice to Airmen (NOTAM) to ensure awareness and compliance with the altered conditions.
The Instrument applies to any persons, entities, and industries involved in operating aircraft within the reclassified airspace during the specified periods. Its jurisdictional reach is confined to the Commonwealth of Australia, specifically within the state of Victoria. There are no stated exclusions or exemptions within the Instrument, and it does not specify any thresholds. The application and operational details of the airspace reclassification may be further defined or extended through subordinate instruments, which could include further notifications or specific operational guidelines issued in conjunction with the Instrument.
Key Provisions
The Temporary Reclassification of Airspace Instrument, F2007L02063, primarily functions to alter the classification of a designated airspace area for specific glider flying activities in Bacchus Marsh, Victoria. Under normal circumstances, the airspace in question is classified as Class "C." However, during the periods specified by the Instrument, it will be reclassified as Class "G" (sections 3 and 4). This reclassification means that the air traffic services available in the airspace will be reduced to the standards applicable to Class "G" airspace for the duration of the glider activities. These periods are clearly communicated to airmen through Notices to Airmen (NOTAMs) (section 5).
The obligations imposed by this Act on the parties involved, particularly those operating within or near the reclassified airspace, include strict adherence to the notified periods of the airspace reclassification. Operators must ensure that they are aware of and comply with the NOTAMs issued to stay informed of the temporary changes in air traffic service provisions (section 6). Additionally, pilots and air traffic control personnel must operate under the reduced service standards applicable to Class "G" airspace, which generally means that pilots are responsible for their own separation from other aircraft and from obstacles (section 7).
Failure to comply with the provisions of the Instrument, including not adhering to the notified airspace reclassification periods or disregarding the communicated NOTAMs, may result in various consequences. While the specific civil or criminal consequences are not detailed in the Instrument, the general legal framework in Australia suggests that breaches could lead to penalties under aviation regulations or other related laws. The maximum penalties for such breaches could potentially include fines and other sanctions, depending on the severity and nature of the non-compliance (section 8).