EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
SUBREGULATIONS 99A (1) and (3)
DESIGNATION OF AIRSPACE FOR BROADCAST REQUIREMENTS — MBZ
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Paragraph 99A (1) (b) of the Civil Aviation Regulations 1988 (the Regulations) provides that CASA may designate airspace within defined horizontal and vertical limits as an area in which broadcast requirements apply. Paragraph 99A (3) of the Regulations provides that CASA may give directions specifying the broadcast requirements that apply to those designated areas, and the radio frequencies on which such broadcasts must be made.
Under these provisions, CASA has established across Australia broadcast areas centred on aerodromes. Depending on the likely volume of traffic associated with an aerodrome, an area is either a mandatory broadcast zone (an MBZ), in relation to which all aircraft must make alerting broadcasts, or a common traffic advisory frequency broadcast area (known as CTAF) in which only radio-equipped aircraft must make such broadcasts.
From time to time, in response to changes in operational circumstances, CASA reissues instruments which designate areas in which broadcast requirements apply, state what those requirement are and provide for the radio frequencies on which those broadcasts are to be made.
In this instrument, the designated areas are MBZ broadcast areas. At designated uncontrolled aerodromes, or at designated controlled aerodromes when air traffic services are not available (after normal hours of operation), the pilot in command of an aircraft intending either to land at the aerodrome or fly through the area without landing, must immediately on entering the area broadcast certain information about the aircraft, including its callsign and type, its position and level and the pilot’s intentions.
Similarly, when taxiing for take-off from an aerodrome in a designated area, the pilot in command must broadcast information identifying the aircraft, aerodrome and runway, the intended destination or direction and if instrument flight rules (I.F.R.) are to be used. Information identifying the aircraft and runway, and a statement of the pilot’s immediate intentions must be broadcast just before the aircraft enters the actual take-off runway.
The pilot in command of an aircraft that is not radio-equipped is not permitted to be in MBZ designated areas.
CASA 269/04 had previously designated MBZ broadcast areas, broadcast requirements and radio frequencies. The instrument revokes and replaces CASA 269/04 to incorporate changes to the MBZ boundaries surrounding Mount Keith and Leinster aerodromes. This change has arisen due to changes in the traffic to these aerodromes and other aerodromes in the vicinity.
Legislative Instruments Act 2003
Under subsections 5 (1) and (4) of the Legislative Instruments Act 2003 (the LIA), the designation is a legislative instrument. It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation under section 17 of the LIA has been in accordance with standing arrangements under which the changes were considered and recommended by the Western Australian Regional Airspace Users Advisory Committee.
The instrument commences on 9 June 2005.
The instrument has been issued on behalf of CASA by the Head of Operational and Flight Crew Licensing Standards, a delegate of CASA under subregulation 7 (1) of the Regulations.
[Instrument number CASA 202/05]
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, ensuring the safety of air navigation. One of its key provisions is found in Section 98, which empowers the Governor-General to make regulations for the purposes of the Act, including the safety of air navigation. The Civil Aviation Regulations 1988 further elaborate on these provisions, specifically in subregulation 99A(1) and (3), allowing the Civil Aviation Safety Authority (CASA) to designate airspace areas where broadcast requirements must be met by aircraft. This includes designating areas as mandatory broadcast zones (MBZ) or common traffic advisory frequency broadcast areas (CTAF), depending on the aerodrome's traffic volume. The primary objective of these regulations is to enhance flight safety by ensuring that pilots broadcast essential information when entering or navigating through designated airspace areas. The latest changes to the MBZ boundaries around Mount Keith and Leinster aerodromes were made in response to changes in traffic patterns and were issued under the Legislative Instruments Act 2003, which governs the process of creating such legislative instruments.
Scope and Application
The Civil Aviation Regulations 1988, as amended, apply to all persons and entities involved in civil aviation activities within Australia, including pilots, aircraft operators, and air traffic service providers. These regulations are made under the authority of the Civil Aviation Act 1988 and are designed to ensure the safety of air navigation across the nation. Specifically, the subregulations 99A(1) and (3) of the Civil Aviation Regulations 1988 empower the Civil Aviation Safety Authority (CASA) to designate airspace areas where broadcast requirements must be followed, such as mandatory broadcast zones (MBZ) and common traffic advisory frequency broadcast areas (CTAF). These broadcast requirements mandate that pilots in command of aircraft must communicate certain information when entering or operating within these designated areas, ensuring coordinated and safe air traffic management. The regulations cover all aerodromes across Australia, with specific changes or reissuances of instruments addressing particular operational circumstances or changes in traffic patterns. Notably, this particular legislative instrument revokes and replaces a previous instrument to adjust the boundaries of MBZ around Mount Keith and Leinster aerodromes, reflecting updated traffic conditions. The instrument is subject to parliamentary scrutiny and disallowance as per the Legislative Instruments Act 2003, and it incorporates consultation with relevant regional committees to ensure the changes are practical and effective.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Regulations 1988, outlines the regulatory framework for aviation in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 99A(1) and (3) enable the Civil Aviation Safety Authority (CASA) to designate airspace areas where broadcast requirements apply, and to specify the broadcast requirements and radio frequencies for these areas. These broadcast areas, centred on aerodromes, are established to ensure that pilots provide essential information about their aircraft, position, and intentions when entering or operating within these areas. Depending on the volume of traffic, these areas are designated as either mandatory broadcast zones (MBZ) or common traffic advisory frequency (CTAF) broadcast areas.
Under these regulations, the pilot in command of an aircraft entering an MBZ must broadcast certain information. This includes the aircraft's callsign and type, its position and level, and the pilot's intentions. When taxiing for take-off from an aerodrome within a designated area, the pilot must broadcast information identifying the aircraft, aerodrome, and runway, along with the intended destination or direction and whether instrument flight rules will be used. Just before entering the actual take-off runway, the pilot must also broadcast information identifying the aircraft and runway, along with a statement of the pilot's immediate intentions. Importantly, aircraft that are not equipped with radios are not permitted to enter MBZ designated areas.
In addition to these broadcast requirements, CASA has the authority to reissue instruments designating areas where broadcast requirements apply, stating what those requirements are, and providing for the radio frequencies on which broadcasts must be made. The legislative instrument in question, CASA 269/04, has been revoked and replaced to incorporate changes to the MBZ boundaries surrounding Mount Keith and Leinster aerodromes, reflecting changes in traffic patterns in the area. This legislative instrument is subject to the Legislative Instruments Act 2003, which requires it to be tabled and allows for disallowance in the Parliament. The changes were considered and recommended by the Western Australian Regional Airspace Users Advisory Committee as per section 17 of the LIA.
Failure to comply with the broadcast requirements can result in significant consequences. While the specific civil or criminal penalties are not detailed in this text, it is clear that adherence to these regulations is critical for ensuring the safety of air navigation. Pilots must be vigilant in broadcasting the required information to prevent potential airspace conflicts and ensure the safety of all aircraft operating within designated broadcast areas.