CASA 193/14 - Repeal - determination of controlled aerodrome - Port Hedland

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L01099 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Airspace Regulations 2007

Repeal – determination of controlled aerodrome – Port Hedland

 

Purpose

The purpose of this instrument is to repeal instrument CASA OAR 061/13, which determines that Port Hedland aerodrome is a controlled aerodrome. CASA OAR 061/13 would have commenced on 13 November 2014 if it was not repealed.

 

Legislation

Section 15 of the Airspace Act 2007 (the Act) provides that the Governor-General may make regulations for the Act.

 

Under subsection 11 (1), the regulations may confer functions and powers on CASA in connection with the administration and regulation of Australian-administered airspace.

 

Under paragraph 11 (2) (g), the regulations may make provision for, and in relation to, the determination of controlled aerodromes.

 

Under subregulation 5 (1) of the Airspace Regulations 2007 (the AsR 2007), CASA may, in writing, make various determinations about the aviation status of aerodromes and the airspace for whose management Australia has responsibility under the Chicago Convention.

 

Under paragraph 5 (1) (e) in particular, CASA may determine that an aerodrome is a controlled aerodrome.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901 (the AIA), where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Background

CASA conducted an aeronautical study of Port Hedland in 2011. Following analysis of data, it was recommended that Airservices Australia (AA) prepare strategies for Port Hedland aerodrome to become a controlled aerodrome with associated change to the airspace classification.

 

Subsequent to the release of this report, CASA received updated information on Port Hedland aerodrome infrastructure developments. Additionally, CASA acquired a fast time simulation tool which was used to analyse air traffic movements. The results were published in a supplementary report in 2012. It was concluded that a Class D air traffic control (ATC) service was an appropriate mitigator against the risks identified during the analysis.

 

In January 2013, in response to the findings of the Port Hedland aeronautical study and supported by the additional analyses in the supplementary report, AA informed CASA that it intended to introduce Class D ATC services at Port Hedland in November 2014.

 

CASA made instrument CASA OAR 061/13, which was registered on 20 June 2013 and was to commence on 13 November 2014. That instrument would have determined that Port Hedland aerodrome was a controlled aerodrome.

 

At the time of the aeronautical study in 2011, traffic and passenger numbers were expected to continue to rise. However, updated movement data provided by AA indicates that movements have declined since the study was conducted. CASA has reviewed and validated the data provided by AA.

 

AA has requested CASA to review its determination that Port Hedland aerodrome be established as a controlled aerodrome. In light of the updated data and the consultations with industry discussed below, CASA has decided to repeal instrument CASA OAR 061/13.

 

Legislative Instruments Act

Under section 5 of the Legislative Instruments Act 2003 (the LIA), a written instrument is a legislative instrument if it is of a legislative character and is made under a power delegated by the Parliament. In effect, an instrument is taken to be of a legislative character if it makes new law (rather than applying existing law to a case) and in doing so affects rights, privileges or obligations.

 

CASA OAR 061/13 was, therefore, a legislative instrument. It was subject to registration, and to tabling in the Parliament, under sections 24 and 38 of the LIA respectively. However, under items 1B and 3 of Schedules 2 and 3, respectively, of the Legislative Instruments Regulations 2004, a determination relating to aviation safety made under regulation 5 of the AsR 2007 is not subject to either disallowance or sunsetting.

 

Under subsection 33 (3) of the AIA, this instrument is likewise subject to registration and tabling in the Parliament, but is not subject to disallowance or sunsetting. Under section 48A of the LIA, this instrument is repealed on the day after registration.

 

Consultation

Consultation under section 17 of the LIA was undertaken with AA in relation to the preliminary determination that Port Hedland will be a controlled aerodrome from 13 November 2014. That consultation took into account the aeronautical study carried out by CASA of the development of Port Hedland aerodrome and the growth of air traffic at that aerodrome.

 

In May 2014, AA provided CASA with updated movement data and a qualitative risk assessment of Port Hedland, and proposed that Port Hedland aerodrome remain an uncontrolled aerodrome.

 

CASA staff attended industry meetings in Perth and northern Western Australia where discussions on Port Hedland were conducted. Feedback from major airlines and fly in/fly out operators was that the provision by AA of an aerodrome flight information service at Port Hedland had mitigated risks sufficiently and that introduction of an ATC service was unnecessary at this time.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

The instrument repeals a determination that has not yet commenced. Therefore, the instrument does not alter existing arrangements. The instrument is, in effect, an approval for the aerodrome to remain a non-controlled aerodrome. In these circumstances, a Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).

 

Making and commencement

The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

The instrument commences on the day of registration. Under section 48A of the LIA, this instrument is repealed on the day after registration.

 

[Instrument number CASA 193/14]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Repeal – determination of controlled aerodrome – Port Hedland

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative instrument repeals a determination that Port Hedland aerodrome is a controlled aerodrome.

 

The primary purpose of the legislative instrument is to allow Port Hedland aerodrome to remain an uncontrolled aerodrome.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Airspace Regulations 2007 were enacted to address the need for regulating controlled aerodromes within Australia, with the objective of ensuring safe and efficient air traffic management. The regulations empower the Civil Aviation Safety Authority (CASA) to determine the aviation status of aerodromes, including whether an aerodrome should be classified as controlled. In light of changing circumstances at Port Hedland aerodrome, CASA decided to repeal the instrument CASA OAR 061/13, which had previously determined that Port Hedland would be a controlled aerodrome starting from 13 November 2014. This repeal allows Port Hedland to remain an uncontrolled aerodrome, aligning with the current traffic data and industry feedback. The decision to repeal was made under the authority granted by section 15 of the Airspace Act 2007, and the instrument was registered and tabled in Parliament in accordance with the Legislative Instruments Act 2003. The repeal is not subject to disallowance or sunsetting, and it was communicated to Airservices Australia and industry stakeholders to ensure transparency and compliance with human rights.

Scope and Application

The Airspace Regulations 2007, under the authority of the Airspace Act 2007, apply to the regulation of Australian-administered airspace and the determination of controlled aerodromes, which are aerodromes where air traffic control services are provided to manage aircraft movements. The regulations empower the Civil Aviation Safety Authority (CASA) to make determinations regarding the aviation status of aerodromes, including whether they should be classified as controlled aerodromes. The scope of the Act extends to all aerodromes within Australian-administered airspace and is applicable across the Commonwealth of Australia. This includes aerodromes managed by Airservices Australia, which is responsible for providing air traffic control services. The Airspace Regulations 2007 also provide the framework for CASA to make, repeal, rescind, revoke, amend, or vary any legislative or administrative instruments related to the administration and regulation of airspace, including the classification of aerodromes. In this particular case, CASA has exercised its powers under the Airspace Regulations 2007 to repeal instrument CASA OAR 061/13, which would have determined that Port Hedland aerodrome was to be a controlled aerodrome. This decision was made in response to updated movement data and consultations with industry stakeholders, which indicated that the provision of an aerodrome flight information service by Airservices Australia had sufficiently mitigated risks, making the introduction of an air traffic control service unnecessary at that time. The repeal of CASA OAR 061/13 has been made in accordance with the Legislative Instruments Act 2003 and the Acts Interpretation Act 1901, and it has been subject to consultation with relevant parties, including Airservices Australia. The legislative instrument is compatible with human rights as it does not raise any human rights issues.

Key Provisions

The main sections of the Airspace Regulations 2007 that are relevant to this legislative instrument are Section 15, which empowers the Governor-General to make regulations under the Airspace Act 2007, and subregulation 5(1), which allows the Civil Aviation Safety Authority (CASA) to make determinations about the aviation status of aerodromes and the airspace for which Australia has responsibility. Specifically, CASA can determine that an aerodrome is a controlled aerodrome. This legislative instrument repeals instrument CASA OAR 061/13, which would have determined Port Hedland aerodrome as a controlled aerodrome, thus allowing it to remain an uncontrolled aerodrome. The obligations imposed by this Act on CASA and other relevant parties include conducting a thorough aeronautical study and analysis of air traffic data to determine the appropriate aviation status of an aerodrome. In this case, CASA conducted an aeronautical study of Port Hedland in 2011 and later used a fast time simulation tool to analyse air traffic movements, concluding that a Class D air traffic control service was necessary. However, updated movement data and consultations with industry indicated that the introduction of an ATC service was unnecessary at that time. Consequently, CASA repealed instrument CASA OAR 061/13 to allow Port Hedland aerodrome to remain an uncontrolled aerodrome. Under the Legislative Instruments Act 2003, the repeal of this instrument is subject to registration and tabling in Parliament but is not subject to disallowance or sunsetting. The Act also mandates that CASA consult with Airservices Australia and relevant industry stakeholders, such as major airlines and fly-in/fly-out operators, to gather their input on the appropriate aviation status of an aerodrome. In this instance, CASA consulted with Airservices Australia and industry stakeholders in Perth and northern Western Australia, who provided feedback that the provision of an aerodrome flight information service at Port Hedland was sufficient to mitigate risks. There are no specific offences or penalties mentioned in this legislative instrument, as it is focused on repealing a previous determination that would have established Port Hedland aerodrome as a controlled aerodrome. The instrument is compatible with human rights, as outlined in the Statement of Compatibility with Human Rights, and does not raise any human rights issues. The primary consequence of this legislative instrument is the approval for Port Hedland aerodrome to remain an uncontrolled aerodrome, which aligns with the updated movement data and feedback from industry stakeholders.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.