Australian Airspace Policy Statement 2012

EXPLANATORY STATEMENT

Australian Airspace Policy Statement 2012

Issued by the authority of the Minister for Infrastructure and Transport

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 the AAPS, the Government has consulted, as required by subsection 9(1) of the Act, with CASA and Airservices Australia (Airservices).  The Government also consulted the Department of Defence (Defence) and public consultation was undertaken over the period March to May in 2012, in the preparation and finalisation 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 2003.

Attachment A

Details of the Australian Airspace Policy Statement

Clauses 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 will be         1 July 2012.  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 Statement.

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, 6 and 7 – 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 sets out arrangements for coordination and harmonisation of civil and military airspace requirements being facilitated by Department of Defence personnel working within the OAR.

Clause 8 – Airspace Administration

Clause 8 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 9-13 – Airspace Classes Used in Australian-administered Airspace

Clause 9 states Australian airspace classes and associated levels of service are generally aligned with international convention.  Clauses 10 to 13 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 14 and 15 – Prohibited, Restricted and Danger Areas

Clauses 14 and 15 specify and describe the designations to be used, consistent with international convention, for the purpose of restricting access to, or warning about access to, particular volumes of Australian-administered airspace, i.e. Prohibited, Restricted and Danger areas.

Clause 16 – Process for Changing the Classification of a Volume of Airspace at an Aerodrome

Clause 16 states the criteria set out in Table 1 to be used to help determine when changes to airspace classification may be required in the airspace immediately surrounding an aerodrome. 

Table 1 sets out the airspace criteria thresholds.  The three criteria to be used are based on annual numbers of aircraft movements, passenger transport operations and total passengers.  The thresholds against each of the three criteria correspond to a different airspace classification.

Clauses 17-24 – Process for Applying the Criteria

Clause 17 states that the criteria will take effect from 1 July 2012. 

Clauses 18 to 23 outline the process that CASA should use when applying the airspace criteria.  When traffic levels at an aerodrome rise to meet any one of the criteria thresholds, or when traffic levels fall below all three criteria thresholds for an aerodrome’s current classification, CASA should complete an aeronautical risk review to determine whether a change to airspace classification is necessary. 

Clause 24 confirms that the criteria do not preclude CASA examining airspace requirements at other aerodrome locations, should CASA consider such examination is required.

Clauses 25-33 – Process for Changing the Class or Designation of a Volume of Airspace

Clauses 25 to 33 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 32 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 34-36 – Government Policy Objectives

Clause 34 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 35 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 36 introduces three specific Government airspace policy objectives – supporting the ICAO Air Traffic Management Operational Concept 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, Airservices Australia and the Department of Defence.

Clauses 37-39 – Support for ICAO’s Global Air Traffic Operational Concept and Use of ICAO Airspace Classifications

Clauses 37 to 39 reiterate the Government’s commitment to ICAO’s Global Air Traffic Operational Concept for an integrated, harmonised and globally interoperable air traffic management system.  Clause 39 highlights the Government’s support for using ICAO’s airspace classification system.

Clauses 40 and 41 – Regional Aerodromes

Clauses 40 and 41 set out the Government’s commitment to enhance air traffic management services at regional aerodromes regularly served by passenger transport services, as determined by CASA.

Clauses 42 and 43 – Cooperation with Australia’s Air Navigation Service Providers

Clauses 42 and 43 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 44-52 – Airspace Strategy

Clauses 44 to 52 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. 

Clause 51 specifically notes the CASA airspace program should be consistent with the review requirements of the Act and the Regulations. 

Clause 52 outlines that airspace determinations reflect the most appropriate safety outcome as determined by CASA after completion of risk reviews and be consistent with the Government’s airspace policy objectives.

Clauses 53 and 54 – Airspace Reporting

Clauses 53 and 54 require CASA, as part of their corporate plan, to provide an outline of the major initiatives and priorities of the OAR covering the three year period of the corporate plan and publish and update this advice annually.

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 website or from the ICAO website.
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, which concerns airspace administration and regulation and is available from the Attorney-General’s Department’s ComLaw website.
4.                Airspace Regulations 2007, which 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 website.
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 website.
6.                Federal Register of Legislative Instruments (FRLI) is part of the Attorney-General’s Department’s ComLaw 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 AIP 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.