Australian Airspace Policy Statement (AAPS) 2026

EXPLANATORY STATEMENT

Australian Airspace Policy Statement 2026

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:

1.    specify and describe the classifications to be used to administer Australian-administered airspace; and
2.    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
3.    describe the processes to be followed for changing the classifications or designations of particular volumes of Australian-administered airspace; and
4.    outline the Commonwealth Government’s policy objectives for the administration and use of Australian-administered airspace; and
5.    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 the Civil Aviation Safety Authority (CASA) to 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.

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 with the Department of Defence (Defence). Public and industry consultation was undertaken over the period 25 November 2024 and 23 December 2024, as part of the preparation and finalisation of the AAPS to ensure a broad and informed perspective. Thirteen submissions were received throughout the consultation period, from a diverse group that included the following industry stakeholders and state government representatives:

• Australia Airline Pilots Association
• Australian Association for Uncrewed Systems
• Boeing Australia Holdings
• Civil-Air Air Traffic Control Australia
• Essendon Airport Pty Ltd
• Flight Test Society of Australia
• Melbourne Airport
• Qantas Group
• Victoria State Government
• Wing Aviation Pty Ltd

 The feedback gathered from these stakeholders was supportive of the proposed amendments to the AAPS. Based on the insights and suggestions received, several amendments were made to the consultation draft, including:

• Highlighting the increased use of ADS-B technology, in line with the Government’s commitment outlined in the Aviation White Paper (see Clause 9);
• Additional wording to reinforce the Government’s expectation that the Civil Aviation Safety Authority (CASA) maintains effective consultation practices with the aviation industry (see Clause 13);
• Recognising the important role Airservices Australia plays in promoting international consistency (see Clause 14); and
• Further clarifying the Act’s requirements for equitable access to airspace (see Clause 17).

Subsection 8(5) of the Act provides that the AAPS is a legislative instrument for the purposes of the Legislation Act 2003 but is not subject to the disallowance (section 42) or sunsetting provisions (Part 4 of Chapter 3) of the Legislation Act 2003, (see Regulations made for the purposes of paragraph 54(2)(b) of that Act).

The AAPS is a statement of Government policy, drafted by the responsible Minister as a representative of Government. It does not impose duties or obligations, or create penalties, or fit within any of the classes of instrument which the Senate Scrutiny of Delegated Legislation Committee has indicated should not be subject to disallowance. For these reasons, it is not appropriate that the AAPS should be subject to disallowance by the Parliament.

Attachment A

Details of the Australian Airspace Policy Statement (AAPS)

Clauses 1, 2 and 3 – Name of Instrument, Commencement, Definitions and Reference Documents

Clause 1 provides the name of the instrument.

Clause 2 provides that the Instrument will commence the day after it is registered on the Federal Register of Legislation, and repeals the previous AAPS.

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 AAPS.

Clause 4 – Purpose

Clause 4 sets out the purpose of the AAPS. It provides guidance to CASA, as the airspace regulator, on the administration and regulation of airspace as a national resource, and guidance for other aviation agencies and the aviation industry. Other aviation agencies include, but are not limited to, Airservices and Defence.

Clauses 5, 6 and 7 – The Functions and Powers of CASA

Clauses 5 and 6 state that CASA will exercise its authority and powers for airspace administration consistent with its responsibilities and functions under the Act and the CA Act.

Clause 7 has been inserted to set out the Government’s expectation that Airservices will manage airspace, and provide services, consistent with CASA's administrative intent, as well as the government’s policy objectives, and Airservices’ legislative and international obligations.

Clause 8 sets out arrangements for coordination and harmonisation of civil and military airspace requirements being facilitated by Defence personnel working within the OAR, and holding delegated powers under the Regulations.

Clauses 9-16 – Government Policy Objectives

Clauses 9 to 16 outline the government’s policy objectives for the administration and use of Australian-administered airspace with a particular focus on safety; the Australian Future Airspace Framework; regulatory certainty for new aviation technologies; enabling flight testing; airspace review; international consistency; regional aerodromes; and future focused collaboration to support national security.

Clause 17 – Airspace Administration

Clause 17 provides nine 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. It has been expanded in this version to include consideration of flexible use of airspace as far as practicable, and equitable access to airspace consistent with the requirements of the Act.

Clauses 18-19 – Airspace Classes used in Australian-administered Airspace

Clause 18 states Australian airspace classes and associated levels of service are generally aligned with international conventions.

Clause 19 specifies and describes the classes of airspace that may be used in Australia. Classes B and F are not currently used in Australian-administered airspace.

Clauses 20-24 – Special Use Airspace

Clauses 20 and 21 specify and describe the designations to be used to restrict access to, or warn about access to, particular volumes of Australian-administered airspace, i.e. Prohibited, Restricted and Danger areas. Further abilities of CASA in regard to specifying Danger Area sub-sets, including military operating areas, have been inserted for clarification.

Clauses 22 and 23 outline where the use of Prohibited, Restricted and Danger areas are not appropriate where military operations are taking place.

Clause 24 outlines potential future requirements for defined airspace.

Clause 25-34 – Review and Change of Airspace Classifications, Services and Facilities

Clauses 25 to 28 set out the risk-based process to be followed by CASA when oversighting Australian airspace, forming initial safety assessments, and reviewing a volume of airspace, its classification, designation, or the level of service or facilities to be provided.

Clause 29 provides for CASA to update a previous review if completed in the preceding 12 months.

Clauses 30 to 32 details considerations for CASA when completing the review.

Clause 33 provides that Airservices will work with CASA to implement, in a timely manner, CASA’s directions related to the classification of a volume of airspace, services or facilities.

Clause 34 confirms that there may be times when urgent decisions are required to meet a safety imperative, where it may not be practical to comply with parts of this process.

Clauses 35-45 – Australia’s Future Airspace Framework

This section sets out the Government’s expectations of CASA having regard to the Australia’s Future Airspace Framework (AFAF).

Clauses 35 to 40 set out the Government’s strategy to articulate Australia’s future airspace architecture and how CASA, as airspace regulator and administrator, is expected to develop the framework and long-term strategic airspace plan.

Clause 38 has been inserted to emphasise the importance of digitising regulatory application processes to improve decision-making related to the development of the AFAF, and provide cost effective services to industry.

Clause 41 reiterates the importance of international alignment according to our commitments under the Chicago Convention.

Clauses 42 to 44 provide transparency to industry and reiterate the primacy of safety of air navigation, as well as the need for a risk-based approach to determining airspace.

Clause 45-49 –Reporting Obligations under the AAPS

Clauses 45 to 49 set out CASA’s reporting obligations under the AAPS to ensure transparency and accountability in CASA’s decision-making with regard to the administration of Australian‑administered airspace.

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) was ratified by Australia in 1947, and it can be accessed as Schedule 1 of the Air Navigation Act 1920 available from the Federal Register of Legislation (FRL) website or from the ICAO website.
2.                    Annexes to the Chicago Convention 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 Annexes to the Chicago Convention can be obtained from ICAO or most public libraries.
3.                    The FRL is the Australian Government website where legislative instruments are stored for public access.
4.                    Airspace Act 2007, which concerns airspace administration and regulation, is available from the FRL website.
5.                    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, are available from the FRL website.
6.                    Civil Aviation Act 1988, which establishes a Civil Aviation Safety Authority with functions relating to civil aviation, is available from the FRL website.
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), Aeronautical Charts, Designated Airspace Handbook (DAH) and the En Route Supplement Australia (ERSA). The IAIP and all related documents are available at the Airservices Australia website.