EXPLANATORY STATEMENT
Airspace Act 2007
Australian Airspace Policy Statement
Issued by the authority of the Minister for Transport and Regional Services
Together with the Airspace Act 2007 (the Act) and the Airspace Regulations 2007, the Australian Airspace Policy Statement implements a decision of the Government to transfer the airspace regulatory function from Airservices Australia to the Civil Aviation Safety Authority (CASA).
Subsection 8(1) of the Act provides that the Minister must make a statement, the Australian Airspace Policy Statement, and subsection 8(2) specifies that the statement must:
(a) specify and describe the classifications to be used to administer Australian‑administered airspace; and
(b) specify and describe the designations to be used for the purposes of restricting access to, or warning about access to, particular volumes of Australian‑administered airspace; and
(c) describe the processes to be followed for changing the classifications or designations of particular volumes of Australian‑administered airspace; and
(d) outline the Commonwealth Government’s policy objectives for the administration and use of Australian‑administered airspace; and
(e) include a strategy for the administration and use of Australian‑administered airspace in the future.
The purpose of the Australian Airspace Policy Statement (the Statement) is to provide guidance to the Civil Aviation Safety Authority (CASA), the airspace regulator, on the administration of Australian-administered airspace as a national resource. The Statement is also intended to provide guidance to industry and other agencies about future directions in the administration of Australian-administered airspace.
The Statement brings together current policy plus existing and planned initiatives to meet the demands of airspace users. It provides guidance to the airspace regulator of the policy frameworks under which it operates so that the broad suite of regulatory and other decisions of the regulator are consistent with the Government's policy intent.
Section 11A of the Civil Aviation Act 1988 (the CA Act) requires that CASA must exercise its powers and perform its functions in a manner consistent with the Statement. Section 11A of the CA Act also requires that CASA must notify the Minister in writing if it proposes to exercise a power or perform a function in a manner that is inconsistent with the Statement, and provide its reasons for doing so.
Details of the Statement are set out in Attachment A and information on the documents referenced in the Statement is provided at Attachment B.
The Government engaged in active stakeholder involvement in the preparation of the Statement. A range of aviation industry consultative forums were utilised by the Department of Transport and Regional Services in order to obtain industry views on the Statement. With the agreement of the Minister, the Department released, on 25 May 2007, a draft of the Policy Statement for public comment.
Before making this Statement, the Minister consulted, as required by subsection 9(1) of the Act, with CASA and Airservices Australia.
Section 10 of the Act requires that the Statement be reviewed at least once every three years.
Subsection 8 (5) of the Act provides that the Statement is a legislative instrument for the purposes of the Legislative Instruments Act 2003 but neither section 42 nor Part 6 of that Act applies to the Statement.
Attachment A
Details of the Australian Airspace Policy Statement
Part 1 – Preliminary
This part of the Statement provides the name of the Instrument and its commencement date of 1 July 2007. Part 1 also advises readers that a Glossary of aviation terms used in the Statement is located at the end of the Statement.
Part 2 – Introduction
This part of the Statement describes the purpose of the Policy Statement as it relates to the new airspace regulatory regime and the regulator, the Civil Aviation Safety Authority (CASA). It also notes that section 11A of the Civil Aviation Act 1988 requires CASA to carry out its powers and functions in compliance with the Statement.
This part describes the Government’s vision for a safer and more efficient airspace, administered in line with international best practice and compliant with Australia’s international obligations as a signatory to the Convention on International Civil Aviation 1944 (Chicago Convention).
This part of the Statement reaffirms the Government’s commitment to the reform objectives of the National Airspace System (NAS) and to the implementation of the International Civil Aviation Organization’s (ICAO) Global Air Traffic Management Operational Concept.
Part 2 identifies the key policy principles to guide CASA in the administration of airspace. These key principles are further detailed in Part 5 of the Statement.
Part 3 – Description of the Current Classifications to be used to Administer Australian-administered Airspace
Part 3 of the Statement identifies Australia’s sovereign airspace and Australian-administered airspace allocated to Australia by ICAO. The Part also describes the current airspace classification system used within Australian-administered airspace, noting any differences that have been lodged with ICAO.
Part 4 – Description of the Designations to be used for the purposes of Restricting Access to, or Warning about Access to, Particular Volumes of Australian-administered Airspace
This Part specifies and describes the designations to be used for the purposes of restricting access to, or warning about access to, particular volumes of Australian‑administered airspace. The Part also describes the processes to be followed for declaring and promulgating prohibited, restricted or danger areas.
Part 5 – The Principles and Processes to be Followed for Changing the Classifications or Designations of Particular Volumes of Australian-administered Airspace
Part 5 elaborates on the key policy principles for airspace administration, and provides processes for application by CASA to achieve the Government’s vision for a safer and more efficient administration of airspace.
Guidance is provided on the Government’s expectations regarding implementation of future stages of the NAS (the National Airspace System used in the United States and which has been adopted as the model for reform of the Australian airspace system since 2002) and the role of CASA in airspace change. The Government’s expectations regarding regular and ongoing reviews in accordance with section 13 of the Act are outlined. The need for CASA to adopt a proactive approach to assessing the Australian airspace system and its operations is also identified.
The Part outlines the Government’s expectations for how major changes to airspace will be made and provides some high level principles for the declaration, classification and designation of all Australian administered airspace.
This part of the Statement re-emphasises the Government’s first priority in airspace administration, the protection of air transport passengers.
The role of Defence in airspace change is explained and high level principles are given for the working relationship between CASA and Defence.
Part 6 – Government Priorities for the Civil Aviation Safety Authority
This part of the Statement sets out the Government’s priority work programme in airspace reform for CASA. It includes the following:
- Monitoring and reviewing compliance with implemented NAS characteristics.
- CASA is to undertake by June 2008 the assessment of NAS 3 (b) Characteristics 23, 25, and 44.
- A high priority to be given to review of the air traffic services and facilities and airspace classifications over ten regional aerodromes – Alice Springs, Hobart, Launceston, Mackay, Rockhampton, Maroochydore, Coffs Harbour, Hamilton Island, Tamworth and Albury.
- Proactive ongoing assessment of aviation activity to determine the appropriate classifications, service and facilities.
- Special Use Airspace NAS Characteristics (36, 37, 38, 39, 40, and 48) are to be assessed and considered for implementation done in close cooperation with Defence. If these proposals appear not likely to pass cost/benefit or risk analysis, CASA are to explore other means for enhanced flexibility in the use of Australian airspace.
- Examination and implementation of technologies that enhance the safety and performance of Australia’s airspace system, in particular Automatic Dependent Surveillance – Broadcast (ADS-B) and Global Navigation Satellite System (GNSS) technologies.
- Further integration of civil and military airspace functions.
- Implementation of airspace management tools, including the development of Flexible Use Airspace.
Attachment B
Referenced Documents
This section provides information on documents that are referred to in the Policy Statement and information on how to access the documents.
1 Convention on International Civil Aviation 1944 – the Chicago Convention
Australia has ratified this treaty. The authorised text can be accessed in a number of ways:
The treaties web site of the Department of Foreign Affairs and Trade – www.dfat.gov.au or http://www.dfat.gov.au/treaties/index.html
The Chicago Convention is incorporated as Schedule 1 to the Air Navigation Act 1920 available from a variety of sites:
- the ComLaw web site - http://www.comlaw.gov.au/
- the web site of the Department of Transport & Regional Services – www.dotars.gov.au or http://www.dotars.gov.au/department/dotars/legislation.aspx
The Chicago Convention may also be downloaded from the web site of the International Civil Aviation Organization (ICAO) at http://www.icao.int/ or http://www.icao.int/icao/en/download.htm#Docs
2 Annexes to the Chicago Convention
Article 37 of the Chicago Convention empowers ICAO to adopt standards and recommended practices in relation to a range of aviation safety issues and other matters concerned with the safety, regularity, and efficiency of air navigation as may from time to time appear appropriate. These standards and recommended practices are promulgated by ICAO in Annexes to the Convention. Article 38 requires contracting States that do not comply with the standards and recommended practices to notify a difference to ICAO.
Copies of the Annexes to the Chicago Convention can be obtained:
From ICAO – go to http://www.icao.int/eshop/index.html or http://icaodsu.openface.ca/wheretobuy.ch2 or from most public libraries
3 Aeronautical Information Publication (AIP)
Annex 15 of the Chicago Convention requires each State to publish an Aeronautical Information Publication – as part of the Integrated Aeronautical Information Package (IAIP). The IAIP consists of a number of documents that are important for the safety and regularity of air navigation. Included in the IAIP is the AIP Book, the AIP Supplement and Aeronautical Information Circulars (AIC), Departure and Approach Procedures (DAP) and the En Route Supplement Australia (ERSA).
The IAIP, and all related documents, is available by subscription from Airservices Australia. These documents are also available for viewing over the internet from http://www.airservices.gov.au/publications/aip.asp
4 Common Risk Management Framework
The Common Risk Management Framework is a document agreed between CASA, Airservices Australia, the Department of Transport and Regional Services and Defence (Royal Australian Air Force) that will be a basis for risk assessment work, and associated advice to the Minister on airspace. The Framework provides a structured set of processes, techniques and reporting through which risks can be evaluated rigorously.
The Framework document can be obtained from www.dotars.gov.au