Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Regulations 1988
Designation — of airspace
Direction — broadcast requirements and frequency
Legislation
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 the safety of air navigation.
Paragraph 99A (1) (b) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may designate airspace within defined horizontal and vertical limits as an area in which broadcast requirements apply. Subregulation 99A (3) of CAR 1988 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.
Background
Port Hedland aerodrome is a non-controlled certified aerodrome. Airservices Australia (AA) proposes to commence an aerodrome flight information service (AFIS) at Port Hedland aerodrome on 30 May 2013. AA has requested that CASA designate an area and specify broadcast requirements for Port Hedland aerodrome to ensure that pilots operating in the vicinity will make radio broadcasts at specified points or times and on the appropriate radio frequency.
Instrument
For paragraph 99A (1) (b) of CAR 1988, this instrument designates airspace that is an area centred on Port Hedland aerodrome with a horizontal radius of 20 nautical miles, and from the surface up to 8 000 feet above mean sea level. The pilot in command of an aircraft that is flying within the area must, immediately on entering the area and at other times when it is reasonably necessary to do so to avoid a collision, or the risk of a collision, broadcast certain information. The required information includes the name of the aerodrome, the aircraft’s type and call sign, its position, and the pilot’s intentions.
These broadcast requirements reflect the existing broadcast requirements set out in regulation 166C of CAR 1988 for an aircraft operating in the vicinity of a non-controlled aerodrome. Under subregulation 166 (2) of CAR 1988, an aircraft is in the vicinity of a non‑controlled aerodrome if it is in non‑controlled airspace within 10 miles from the aerodrome and a height that could result in conflict with operations at the aerodrome. This instrument extends those requirements to the extent of the designated area.
Similarly, the pilot in command of an aircraft, who is taking off from, or landing at, an aerodrome within the designated airspace, must make broadcasts that are required when operating on the manoeuvring area of, or in the vicinity of, Port Hedland aerodrome, and in accordance with Aeronautical Information Publication.
The broadcasts required by this instrument will enable the AFIS operator to develop and maintain situational awareness about local air traffic and provide accurate traffic information. It also provides the operator of the AFIS with information to pass to other possibly conflicting arriving or departing or overflying aircraft that subsequently come into the designated area, and whose pilots would not have heard the earlier aircraft broadcasts.
This instrument assists the operation of the AFIS by having the service communicating with aircraft in an area significantly wider than the area of 10 nautical miles that is the generically designated broadcast area, under regulations 166 and 166C of CAR 1988, for all non‑controlled aerodromes.
Legislative Instruments Act 2003
Under subsections 5 (1) and (4) of the Legislative Instruments Act 2003 (the LIA), the instrument is a legislative instrument. It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has been undertaken.
Between 2011 and March 2013, CASA conducted a series of Aeronautical Studies for Port Hedland. In conducting the studies, CASA sought input from local operators, airlines and the aerodrome operator. The studies found the operating environment, that is the traffic levels and aircraft types using the aerodrome, had changed to the extent that local air traffic services would be needed to ensure risk levels are maintained at an appropriate level. The studies recommended the introduction of either a Certified Air/Ground Radio Service or an AFIS provided by AA in the short term.
In January 2013, in response to the study findings, AA informed CASA that it intended to implement AFIS at Port Hedland on 30 May 2013.
AA has requested this instrument. A draft instrument was provided to AA for review and agreed to. AA has advised that consultation has included notification at the relevant Regional Airspace and Procedures Advisory Committee (RAPAC) meetings, correspondence with the operator of Port Hedland aerodrome, letters to all local aircraft operators, briefings to relevant airlines, briefings at the airport, and notification by NOTAM and Aeronautical Information Publication (AIP) Supplement.
CASA does not consider that any further consultation is necessary.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
The OBPR assessed that the instrument will have minor impacts and that no further analysis in the form of a Regulation Impact Statement was required (OBPR ID: 15063).
Making and commencement
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
The instrument commences on 30 May 2013.
[Instrument number CASA 97/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Designation — of airspace
Direction — broadcast requirements and frequency
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 designates an area around Port Hedland as an area in which broadcast requirements apply. It directs the broadcasts that the pilot in command of an aircraft in the area must make and the radio frequency that must be used.
The primary purpose of the legislative instrument is to ensure that pilots operating in the vicinity of Port Hedland aerodrome will make radio broadcasts at specified points or times. These broadcasts will enable the aerodrome flight information service operator to develop and maintain situational awareness about local air traffic and provide accurate traffic information.
Human rights implications
The legislative instrument promotes the right to life and the right to health by requiring pilots of aircraft in the designated area to make broadcasts, and therefore reduce the risk of aviation accidents.
This legislative instrument does not otherwise engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it promotes human rights.
Civil Aviation Safety Authority