EXPLANATORY STATEMENT
Australian Airspace Policy Statement 2010
Issued by the authority of the Minister for Infrastructure, Transport, Regional Development and
Local Government
The responsibilities and functions related to airspace administration and regulation in Australia are set out in the Airspace Act 2007 (the Act) and the Airspace Regulations 2007 (the Regulations).
Section 8(1) of the Act provides that the Minister must make a statement, the Australian Airspace Policy Statement (AAPS), and subsection 8(2) specifies that the AAPS 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.
Section 11A of the Civil Aviation Act 1988 (the CA Act) requires that the Civil Aviation Safety Authority (CASA) must exercise its powers and perform its functions in a manner consistent with the AAPS. 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 AAPS, and provide its reasons for doing so.
Details of the AAPS are set out in Attachment A and information on the documents referenced in the AAPS is provided at Attachment B.
The first AAPS commenced on 1 July 2007. Consistent with review provisions in the Act, the Government has taken the opportunity to review the AAPS and reinforce the Government’s commitment to the safety of passenger transport services as the first priority in airspace administration.
In reviewing this AAPS, the Government has consulted, as required by subsection 9(1) of the Act, with CASA and Airservices Australia (Airservices). The Government also engaged in stakeholder consultation in late 2008, in the preparation of the AAPS.
Subsection 8 (5) of the Act provides that the AAPS is a legislative instrument for the purposes of the Legislative Instruments Act 2003 but is not subject to the disallowance (section 42) or sunsetting provisions (Part 6) of the Legislative Instruments Act
Attachment A
Details of the Australian Airspace Policy Statement
Clause 1, 2 and 3 – Name of Instrument, Commencement, Definitions and Reference Documents
Clause 1 provides the name of the instrument. Clause 2 provides its commencement date of 1 January 2010. Clause 3 advises that a glossary of terms, and a list of referenced documents and how to access them, are provided at the end of the document.
Clause 4 – Purpose
Clause 4 sets out the purpose of the AAPS, i.e., to provide guidance to CASA, as the airspace regulator, on the administration and regulation of airspace as a national resource.
Clauses 5 and 6 – The Office of Airspace Regulation
Clauses 5 and 6 state that CASA will exercise its authority and powers for airspace administration based on the advice of the Office of Airspace Regulation (OAR) and emphasises that all roles, responsibilities and functions in the Act and Regulations must be fulfilled by CASA.
Clause 7 – Airspace Administration
Clause 7 provides four broad principles to be applied in the administration and regulation of Australian-administered airspace, in addition to the mandatory considerations set out in the Act.
Clauses 8 – 12 – Airspace Classes Used in Australian-administered Airspace
Clause 8 states Australian airspace classes and associated levels of service are generally aligned with international convention. Clauses 9 to 12 specify and describe the classes of airspace that may be used in Australia, and the responsibility of CASA to determine their deployment in Australian-administered airspace.
Clauses 13 and 14 – Prohibited, Restricted and Danger Areas
Clauses 13 and 14 specify and describe the designations to be used, consistent with international convention, for the purposes of restricting access to, or warning about access to, particular volumes of Australian-administered airspace, i.e. Prohibited, Restricted and Danger areas.
Clauses 15 – 24 – Process for Changing the Class or Designation of a Volume of Airspace
Clauses 15 to 24 set out the process to be followed by CASA when either classifying a volume of airspace or designating a Prohibited, Restricted or Danger area. Clause 23 specifies the process for making a classification of airspace and designating a Prohibited, Restricted or Danger area. Airspace classification determinations are required to be formalised as legal instruments and published on the Federal Register of Legislative Instruments (FRLI), while designations may be published in the Aeronautical Information Publication or notified by a Notice to Airmen subject to the requirements of the Regulations.
Clauses 25 – 27 – Government’s Policy Objectives
Clause 25 states the Government considers the safety of passenger transport services as the first priority in airspace administration and that CASA should respond quickly to emerging changes in risk levels for passenger transport operations. Clause 26 emphasises the Government’s expectation of CASA pursuing world best practice in reforming Australia’s airspace, including closer alignment with the International Civil Aviation Organization’s (ICAO) system. Clause 27 introduces the Government’s three specific airspace policy objectives - supporting the ICAO Air Traffic Management Operational Plan and use of ICAO airspace classifications; enhanced air traffic management services at regional aerodromes; and effective cooperation between CASA and Australia’s air traffic service providers.
Clauses 28 – 30 – Support for ICAO’s Air Traffic Management Operational Plan and Use of ICAO Airspace Classifications
Clauses 28 to 30 reiterate the Government’s commitment to ICAO’s Global Air Traffic Management Operational Plan for an integrated, harmonised and globally interoperable air traffic management system. Clause 30 highlights the Government’s support for using ICAO’s airspace classification system in administering airspace.
Clauses 31 & 32 – Regional Aerodromes
Clauses 31 and 32 set out the Government’s commitment to enhanced air traffic management services at regional aerodromes regularly served by passenger transport services, as determined by CASA.
Clauses 33 & 34 – Cooperation with Australia’s Air Navigation Service Providers
Clauses 33 and 34 set out the Government’s expectation of effective cooperation between CASA and Australia’s air navigation service providers towards a safe and efficient air traffic management system.
Clauses 35 – 43 – Airspace Strategy
Clauses 35 to 43 set out the Government’s strategy on airspace management, including the role of CASA as airspace regulator and administrator; the primacy of safety of air navigation; and the need for a risk-based approach to determining airspace. The strategy also outlines the Government’s expectation of CASA adopting world best practice, including proven international systems, in administering Australian airspace. The Government’s strategy also recognises that international airspace systems (such as the US National Airspace System) include a range of characteristics that should be considered and, where appropriate, implemented by CASA.
Clause 42 notes the CASA work program should be consistent with the review requirements of the Act and the Regulations. Clause 43 outlines that airspace classification should not be pre-determined outcomes but rather after airspace risk reviews and determinations are completed, the most appropriate safety outcome is determined by CASA, consistent with the Government’s policy objectives.
Clauses 44 – 45 – Airspace Reform Program
Clauses 44 and 45 require CASA to provide the Minister for Infrastructure, Transport, Regional Development and Local Government with a detailed work program covering the three year period of the AAPS, with an annual review and acquittal against the objectives and proposals in the program.
Attachment B
Referenced Documents
This section provides information on documents referred to in the AAPS, including on how these documents may be accessed, namely:
1. Convention on International Civil Aviation 1944 – the Chicago Convention, which has been ratified by Australia and can be accessed as Schedule 1 of the Air Navigation Act 1920 available from the Attorney-General’s Department’s ComLaw web site or from the web site of ICAO.
2. Annexes to the Chicago Convention, which include 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 promulgated by ICAO. Copies of Convention Annexes can be obtained from ICAO or most public libraries.
3. Airspace Act 2007 concerns airspace administration and regulation and is available from the Attorney-General’s Department’s ComLaw web site.
4. Airspace Regulations 2007 enable CASA to perform the functions and exercise the powers in relation to the administration and regulation of Australian-administered airspace and are available from the Attorney-General’s Department’s ComLaw web site.
5. Civil Aviation Act 1988, which establishes a Civil Aviation Safety Authority with functions relating to civil aviation and is available from the Attorney-General’s Department’s ComLaw web site.
6. Federal Register of Legislative Instruments (FRLI) is part of the Attorney General’s Department’s Com Law website where Legislative Instruments are stored.
7. The Aeronautical Information Publication (AIP) is published to satisfy the requirements of Annex 15 of the Chicago Convention requiring each State to publish an AIP – 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, are available by subscription from Airservices Australia or are available for viewing at the Airservices Australia website.