CASA OAR 046/22 — Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2022

Explanatory Statement

Airspace Regulations 2007

CASA OAR 046/22 — Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2022

Purpose

The purpose of CASA OAR 046/22 — Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2022 (the determination) is to determine, for the use of aviators and others, the revised Australian airspace architecture which, effective on 16 June 2022, is derived from the Designated Airspace Handbook (the DAH) of the Aeronautical Information Publication (the AIP).

The airspace architecture determination is similar to the repealed predecessor instrument with only relatively minor adjustments. For example, amendments have been made to airspace in the vicinity of Oakey aerodrome, including reduction of the vertical limit of the control zone and restricted areas R654AB, amendment of the dimensions of restricted area R654C, and creation of a new restricted area above R654B to support the flexible use of airspace. In addition, minor changes to the frequency boundaries in Tasmanian airspace have been made. The normal OAR consultation processes have been followed and recorded in each case.

The determination also contains, in section 9, provisions to continue a time-limited, CASA-monitored trial for 8 specified Class C Control Zones. This trial permits a Controlling Authority, if authorised by CASA, to use voice communication to provide a 15-minute, temporary extension of an otherwise about-to-expire activation of the relevant Class C Control Zone, to facilitate the passage and landing of overdue RAAF aircraft. The trial is to assess the impact, if any, of such short-term voice extensions on civil aircraft also using the Class C Control Zone.

The trial was originally due to end on 16 June 2022, however, insufficient data has been received to date for CASA’s Office of Airspace Regulation (the OAR) to fully assess the benefits or otherwise of the arrangement and, at the request of the Australian Defence Force — RAAF, the trial has been extended for a further 12 months. Although the determination will be repealed and reissued in line with the next iteration of the DAH on 1 December 2022, the reissue will continue the trial.

Legislation — the Act

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

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

Under subsection 11 (2) of the Act, the regulations may make provision for and in relation to various matters, including the classification and designation of airspace, and the determination of controlled aerodromes, flight information areas, flight information regions and control areas and zones.

Legislation — the regulations

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

Under subregulation 5 (2) of AsR 2007, if a determination provides that a volume of airspace of a specified class ceases to be airspace of that class and becomes airspace of another specified class, the determination must specify the date or times of the changed classification or the conditions under which the airspace becomes airspace of another specified class.

Under subregulation 5 (3), a determination must be made to take effect on, or after, the day on which the determination is published in the AIP, or a NOTAM.

Under subregulation 5 (4), unless sooner repealed, a determination ceases to have effect at the time, in the event or in the circumstances specified in the determination or on repeal of the determination.

Under subregulation 5 (5), a determination has no effect during any period in which relevant air traffic services (ATS) are not provided.

Under subsection 33 (3) of the Acts Interpretation Act 1901, 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

Under regulation 5 of AsR 2007, CASA may make determinations that a volume of airspace is a flight information area, a flight information region, a control zone, a control area or is classified, in accordance with Annex 11 to the Chicago Convention, as Class A, B, C, D, E, F or G airspace. A determination may also be made that an aerodrome is a controlled aerodrome.

Each of these determinations is relevant for the purpose of defining and regulating the use, and relevant air traffic control (ATC), of the airspace.

For example, different airspace classifications give rise to differing requirements about the following: the type of flight permitted (whether under visual or instrument flight rules); how aircraft are to be separated; whether there are speed limitations; and whether there are radiocommunication, navigation or ATC requirements. A controlled aerodrome is an aerodrome at which an ATC service is provided to air traffic. A flight information region is an airspace of defined dimensions within which a flight information service and alerting service are provided.

Under subsection 13 (1) of the Act, CASA has responsibility for conducting regular reviews of the existing classifications of volumes of Australian-administered airspace to determine whether those classifications are appropriate.

The definitive description of Australian-administered airspace is compiled and monitored by Airservices Australia (AA). Currently, these descriptions are published twice yearly in an alternating 24- or 28-week cycle, in AA’s DAH, which is part of the AIP.

The DAH lists and describes, in tabular form, the lateral and vertical limits, and other relevant details, of Australian-administered airspace. The DAH, therefore, contains detailed airspace information in respect of the following: flight information regions, flight information areas, volumes of airspace that fall within the 5 current classifications of Australian-administered airspace (Classes A, C, D, E and G), volumes of airspace that fall within the 2 current control zones (for Class C airspace and Class D airspace), and controlled aerodromes.

On 1 July 2007, CASA took over from AA responsibility for the regulation of Australian airspace. While AA remains responsible for the definitive description of Australian-administered airspace, CASA underpins the legality and enforceability of AA’s DAH descriptions by embodying them in a determination under regulation 5 of AsR 2007.

AA has published its latest DAH, effective on, and from, 16 June 2022. This updated DAH contains some revision of the descriptions of relevant airspace information since the previous issue by AA in December 2021.

The other changes to the determination are essentially minor adjustments to lateral and vertical limits of airspace volumes. Consequently, it is necessary for CASA, under regulation 5 of AsR 2007, to update the previous principle determination issued by CASA in December 2021.

Summary of the determination

The determination repeals the previous instrument of determination (CASA OAR 064/21 — Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2021 (CASA OAR 064/21)) and redetermines it in an instrument with minor changes effective on, and from, 16 June 2022.

This instrument determines relevant volumes of airspace as flight information regions and areas, as classifications of airspace, and as control zones, and determines relevant controlled aerodromes.

Details of the determination

More details of the determination are set out in Appendix 1.

Legislation Act 2003 (the LA)

Under subsection 8 (4) of the LA, a written instrument is a legislative instrument if it is made under a power delegated by the Parliament and it determines, or alters the content of, the law with consequential effects on privileges, interests, obligations or rights. In effect, an instrument is relevantly taken to be a legislative instrument if it makes new law (rather than applying existing law to a case) and in doing so affects privileges, interests, obligations or rights.

The determination, by repealing and remaking in altered form the existing airspace management determinations is, therefore, a legislative instrument. It is subject to registration, and to tabling in the Parliament, under sections 15G and 38 of the LA, respectively. However, under items 3 (a) and 5 (c) of the tables in sections 10 and 12, respectively, of the Legislation (Exemptions and Other Matters) Regulation 2015, the determination is not subject to either disallowance or sunsetting as follows.

Disallowance

As the instrument relates to aviation safety and is made under AsR 2007, Part 2 of Chapter 3 of the LA (the disallowance provisions) does not apply to the instrument (as per item 3 (a) of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015). The instrument is specifically prescribed, being a determination made under regulation 5 of AsR 2007.

As such, the instrument, which is of indispensable operational and navigational significance for both domestic and international aviation in Australia, is intended, in the interests of aviation safety, to have unqualified operation, certainty and clarity. It would cause serious confusion and safety risk for operators if disallowed, particularly for international operators. Therefore, it would not be appropriate for it to be subject to disallowance.

In any event, as a matter of long standing and continuing practice, these determinations are repealed and remade with minor updating modifications every 6 months. In the unlikely event that an instrument of this kind would be one to which the Parliament, or a House of the Parliament, made its objections known to CASA, it would certainly not be remade in the same or similar form within 6 months without CASA considering, and, as far as safe and practicable, addressing, those parliamentary concerns.

Sunsetting

As the instrument relates to aviation safety and is made under AsR 2007, Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument (as per item 5 (c) of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015).

The instrument, which is of indispensable operational and navigational significance for both domestic and international aviation, is intended, in the interests of aviation safety, to have unqualified operation and certainty, and it would not be appropriate for it to be subject to sunsetting. In any event, as a matter of long-standing and continuing practice since 2007, these determinations are repealed and remade with minor updating modifications every 6 months.

Although not applicable in this instance, it may be noted in passing that section 15 of AsR 2007 requires CASA to review all operationally significant instruments at least once within every 5-year period after the instrument is made. In practice, determinations are reviewed every 6 months before being reissued in appropriately amended form.

Consultation

Consultation on the determination was carried out using a standardised procedure as follows.

The specific airspace change proposals contained in the determination (all of which were minor adjustments to lateral and vertical limits of airspace volumes) were made available for consultation, including by being posted by CASA on its website. Public and aviation industry comments, especially those of the airspace users of any particular airspace, were invited on these proposals.

In addition, where possible, relevant Aviation State Engagement Forums (AvSEFs), previously known as Regional Airspace and Procedures Advisory Committees (RAPACs), were notified of the proposed minor adjustments and their views sought.

AvSEFs are State-based aviation forums who are advised of papers promulgated on the AvSEF website, covering all matters relating to airspace and related procedures in Australia in their particular areas of responsibility. AvSEF membership is open to all stakeholders of the Australian aviation industry, including associations, organisations, and independent entities.

Any representations made by airspace users and others in the course of this consultation process are taken into account by CASA. There were no substantive objections or reservations concerning the minor changes proposed for the airspace classification determination.

The next DAH revision, and the associated determination instrument, are expected to be made on or about 1 December 2022.

CASA is satisfied that the nature, extent, and duration of the consultation it conducted was appropriate and that no further consultation would be appropriate or necessary in these circumstances.

Office of Best Practice Regulation (OBPR)

CASA considers that this instrument represents the administration of existing regulatory requirements. OBPR has provided general advice that the administration of existing regulatory requirements are exempt from the preparation of a Regulation Impact Statement.

Sector risk, economic and cost impact

Economic and cost impact

Subsection 9A (1) of the Civil Aviation Act 1988 states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A (3) of the Civil Aviation Act 1988 states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9 (1) (c), CASA must:

(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and

(b) take into account the differing risks associated with different industry sectors.

The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses, and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution, and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.

The determination is, in most respects, almost identical to its predecessor from 6 months ago with which operators are familiar and to which operations have been adjusted without any significant objection. The changes made by the determination from its predecessor are described on page 1, are minor in nature. In terms of economic and cost impacts for subsection 9A (3) of the Civil Aviation Act 1988, the determination will have no material economic or cost impact on aircraft operators or pilots in command.

Sector risks

There are no increased, or differential, sector risks arising from the determination.

Regional and remote Australia impacts

The Minister’s Statement of Expectations for the CASA Board states: “I expect that CASA will: … (b) fully consider the impact of new regulations on general aviation, with a particular focus on regional and remote Australia. All Explanatory Statements drafted by CASA for subordinate legislation should identify the impact on the various categories of operations as well as on communities in regional and remote Australia served by those operations and how these impacts have been considered.”

There are no identified regional and remote impacts that differ in any material way from the general economic and cost impacts described above.

Statement of Compatibility with Human Rights

The Statement in Appendix 2 is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument is compatible with human rights and, to the extent that it may also limit human rights by imposing certain limitations on freedom of movement by aviators, those limitations are reasonable, necessary and proportionate to protect aviation safety in the use of airspace.

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of Civil Aviation Safety Regulations 1998.

As required by subregulation 5 (2) of AsR 2007, following registration the determination commences on 16 June 2022, the day it is published in the AIP DAH.

Appendix 1

Details of CASA OAR 046/22 — Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2022

Section 1 — Name

Under this section, the determination is named CASA OAR 046/22 — Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2022 to identify its purpose.

Section 2 — Commencement

Under this section, the determination commences on 16 June 2022. It was published in the AIP DAH as required by subregulation 5 (3) of AsR 2007.

Section 3 — Repeal

Under this section, the previous determination, CASA OAR 064/21, is repealed.

Section 4 — Definitions

Under this section, some terms and phrases are defined for clarity.

Section 5 — Determinations of airspace and controlled aerodromes etc.

Under subsection 5 (1), the CASA delegate determines that the volumes of airspace described in a Schedule listed in an accompanying table (the Table, see below), are the areas, regions or zones, or have the airspace classifications (in accordance with Annex 11 to the Chicago Convention), mentioned in the Table for the Schedule. The Table indicates as follows:

Under subsection 5 (2), the CASA delegate determines that the aerodromes mentioned in Schedule 10 are controlled aerodromes.

Under subsection 5 (3), it is provided that, subject to sections 6 and 7, each of the determinations made by subsections 5 (1) and 5 (2) ceases to have effect only if the instrument is repealed or amended, and then only in accordance with the amendment.

Section 6 — Determination that airspace of a class becomes airspace of another class

Under subsection 6 (1), the CASA delegate determines that the airspace classified as Class A, C, D, E or G by section 5 above (initial classification), temporarily ceases to be airspace of that class and becomes airspace of another specified class in accordance with the condition mentioned in subsection 6 (2).

Under subsection 6 (2), and subject to subsection 6 (3), a volume of airspace with an initial classification ceases to be airspace of that class and becomes airspace of another specified class outside the ATC service hours of activity specified in the AIP, or in a NOTAM authorised by the delegate, or, if the ATC service for the airspace has been suspended or has ceased functioning, in accordance with a NOTAM authorised by the delegate.

However, under subsection 6 (3), airspace that would become classified as airspace of another class does not do so if AA continues temporarily to control the airspace under the initial classification because this is necessary for continued aircraft separation or other operational reasons. Under subsection 6 (4), the airspace becomes the specified class as intended when the temporary requirement ceases.

Under subsection 6 (5), the determination made by subsection 6 (1) ceases to have effect only if the determination instrument is repealed or amended, and then only in accordance with the amendment.

Section 7 — Emergency determination that airspace of a class becomes airspace of another class

Under subsection 7 (1), the CASA delegate determines that a volume of airspace, described in Schedule 3, 4, 5, 6, 7, 8 or 9 (a classification Schedule) as being of the class mentioned for it in the Table in section 5 (initial classification), temporarily ceases to be airspace of that class and becomes airspace of another specified class in accordance with the condition mentioned in subsection 7 (2).

Under subsection 7 (2), a volume of airspace with an initial classification as described in a classification Schedule ceases to be airspace of that class and temporarily becomes airspace of another specified class (the new class) if hours of activity for the new class are specified in a NOTAM that is authorised in writing by the delegate.

Under subsection 7 (3), an authorisation may only be given on the grounds that emergency or other conditions affecting, or that are likely to affect, the relevant airspace make the temporary reclassification of that airspace necessary or prudent in the interests of aviation safety. Under subsection 7 (4), an authorisation mentioned in subsections (2) and (3) must include the delegate’s determination that the grounds mentioned in subsection (3) exist.

Under subsection 7 (5), an authorisation mentioned in subsections (2) and (3) may not remain in force for longer than 7 days but may be renewed in accordance with this section. Under subsection 7 (6), the determination made in subsection (1) ceases to have effect only if the instrument is repealed, or amended, and then only in accordance with the amendment.

Section 8 — Determination for voice deactivation of Class C Control Zones

Under subsection 8 (1AA), section 8 applies subject to section 9, at least until 14 June 2023.

Under subsection 8 (1), the CASA delegate determines that a volume of airspace described in Schedule 5 as a Class C Control Zone temporarily ceases to be a Class C Control Zone and becomes airspace of another specified class if:

(a) the details for the Control Zone set out in Schedule 5 provide for its activation in accordance with an hours of activity statement that is a NOTAM (an activating NOTAM); and

(b) the activating NOTAM specifies a finish time for the activation (the specified finish time); and

(c) the Controlling Authority for the Control Zone uses voice telecommunication to a receiving ATC authority to deactivate the Control Zone earlier than the specified finish time (early deactivation) in accordance with subsection (2).

A Note explains that activation times specified in a NOTAM are in UTC unless otherwise indicated.

Under subsection 8 (2), early deactivation may only be carried out if the activity for which the activating NOTAM was published has been completed or otherwise terminated, and the early deactivation has been authorised by the delegate.

Under subsection 8 (3), early deactivation may not occur earlier than 60 minutes before the specified finish time unless an amending NOTAM is issued.

Under subsection 8 (4), to avoid doubt, the period of activation of a Control Zone activated by NOTAM may not be extended by voice telecommunication past the specified finish time. However, section 8 applies subject to section 9 which will override this provision and permit voice extension in certain airspace for a time-limited trial period.

A series of Notes offer guidance. Note 1 explains that for an early deactivation within the 60 minutes before the specified finish time, an amending NOTAM is NOT required. Note 2 explains that for an early deactivation that is earlier than 60 minutes before the specified finish time, an amending NOTAM IS required. Note 3 explains that for an extension to the specified finish time, an amending NOTAM IS required.

Note 4 sets out the proper pro forma for an activating NOTAM as follows:

Reference/year NOTAMN

A) [Insert details]

B) [Insert start time specified in UTC]

C) [Insert finish time specified in UTC]

D) [Insert periods of activity details]

E) [Insert details of Control Zone, including the following statement:

“active; however, may be subject to early deactivation. Check status with [insert details of ATC authority].”]

Section 9 — Determination for voice-activated extension of certain Class C Control Zones

Subsection 9 (1) explains that the section applies for a relevant Class C Control Zone (as defined) despite section 8 and Schedule 5; and ceases to have any effect at the end of 14 June 2023. The purpose of section 9 is to conduct a time-limited safety trial of Controlling Authority use of voice communication, in certain circumstances, in a relevant Class C Control Zone, to provide a 15-minute, temporary extension of an otherwise about-to-expire activation of the relevant Class C Control Zone, to facilitate the passage and landing of overdue RAAF aircraft. The trial is to assess the impact, if any, of such short-term voice extensions on civil aircraft also using the Class C Control Zone. RAAF aircraft is defined to mean any Australian Defence Force (ADF) aircraft, including an aircraft operated by or for any part of the ADF under a contract with any part of the ADF.

Under subsection (2), the delegate determines that a volume of airspace that is a relevant Class C Control Zone does not cease to be a Class C Control Zone if:

(a) the details for the Control Zone provide for its activation in accordance with an hours of activity statement that is a NOTAM (an activating NOTAM); and

(b) the activating NOTAM specifies a finish time for the activation (the specified finish time); and

(c) the Controlling Authority for the Control Zone uses voice telecommunication to a receiving ATC authority to extend the activation of the Control Zone past the specified finish time in accordance with subsection (3).

Under subsection (3), for subsection (1), the activation extension must be by voice communication, authorised by the delegate, occur not less than 10 minutes before the period of activation of the relevant Class C Control Zone would otherwise expire, and last not more than 15 minutes.

The relevant Controlling Authority must be the RAAF, only use voice extension because a RAAF aircraft is overdue to arrive and land in the relevant Class C Control Zone, make a prior broadcast to alert other aircraft of the proposed voice extension, and comply with any additional directions as to safety that might be issued by CASA under regulation 11.245 of the Civil Aviation Safety Regulations 1998.

Also, under subsection (3), the Controlling Authority must, as soon as practicable after voice extension, notify CASA in writing of specified information concerning the voice extension.

A Note explains that the required information is essential to assist CASA to assess the impact of the voice activation trial, and decide whether the trial might be extended or the facility made permanent.

Under subsection (4), section 9 does not modify anything in relation to a relevant Class C Control Zone other than to allow a voice extension of the hours of activity in accordance with this section.

Subsection (5) prescribes in a table the 8 relevant Class C Control Zones based on their descriptions in Schedule 5 of the Determination. They are:

Table 9 (5) Relevant Class C Control Zones

Section 9 will continue the time-limited trial for a further 12 months until 14 June 2023.

Schedule 1 — Flight information regions

This Schedule describes the flight information regions (FIR). These FIR encompass the entire airspace overlying continental Australia out to 12 nautical miles beyond the coastline, plus other airspace allocated to Australia by the International Civil Aviation Organization (ICAO). The effect of the determination is that this airspace is to be provided with a flight information service and an alerting service. For guidance only, a Note inserts a map of the FIR.

The impact of the new determination of Australian FIR is expected to be nil as these regions are in existence solely for the delineation for the flight information centre’s area of responsibility.

Schedule 2 — Flight information areas

This Schedule describes the flight information areas (FIA). These FIA encompass the entire airspace overlying continental Australia out to 12 nautical miles beyond the coastline, plus other airspace allocated to Australia by ICAO. The effect of the determination is that FIA are airspace of defined dimensions, excluding controlled airspace, within which flight information and alerting services are provided by an ATS unit.

The impact of the new determination of Australian FIA is expected to be nil as these regions are in existence solely for the delineation for the flight information centre’s area of responsibility.

Schedule 3 — Class A airspace

This Schedule describes the Class A airspace. The effect of the determination is that in these areas only instrument flight rules (IFR) aircraft are permitted. All flights are to be provided with an ATC service and be separated from each other.

The impact of the new determination of Class A airspace is expected to be negligible as the majority of this airspace is already in existence as previously established airspace for IFR operations within the Australian FIR. Any changes are minor adjustments only.

Schedule 4 — Class C airspace

This Schedule describes the Class C airspace. The effect of the determination is that in these areas IFR and visual flight rules (VFR) aircraft are permitted. All flights are to be provided with an ATC service and IFR flights are to be separated from other IFR and VFR flights. VFR flights are to be separated from IFR flights and receive traffic information in respect to other VFR flights. The impact of the new determination of Class C airspace is expected to be negligible as the majority of this airspace is already in existence as previously established airspace for IFR and VFR operations within the Australian FIR. Any changes are minor adjustments only.

Schedule 5 — Class C Control Zones

This Schedule describes the Class C Control Zones. The effect of the instrument is that these areas contain the paths of IFR flights arriving and departing from aerodromes to be used under instrument meteorological conditions (IMC).

The impact of the new determination of Class C Control Zones is expected to be negligible. These zones are established for current IFR and VFR operations within the Australian FIR. Any changes are minor adjustments only.

Schedule 6 — Class D airspace

This Schedule describes Class D airspace. The effect of the determination is that in these areas IFR and VFR aircraft are permitted. All flights are to be provided with an ATC service and IFR flights are separated from other IFR flights and receive traffic information in respect of VFR flights. VFR flights receive traffic information in respect of all other flights.

The impact of the new determination of Class D airspace is expected to be negligible. This airspace is established airspace for current IFR and VFR operations within the Australian FIR. Any changes are minor adjustments only.

Schedule 7 — Class D Control Zones

This Schedule describes the Class D Control Zones. The effect of the instrument is that these areas contain the paths of IFR flights arriving and departing from aerodromes to be used under IMC.

In terms of the minor adjustments made, the impact of the new determination of Class D Control Zones is expected to be negligible. These zones are established for current IFR and VFR operations within the Australian FIR.

Schedule 8 — Class E airspace

This Schedule describes Class E airspace. The effect of the determination is that in these areas IFR and VFR aircraft are permitted. IFR flights are to be provided with an ATC service and IFR flights are separated from other IFR. All flights will receive traffic information so far as practical.

The impact of the new determination of Class E airspace is expected to be negligible as the majority of this airspace is already in existence as previously established airspace for IFR operations within the Australian FIR. Any changes are minor adjustments only.

Schedule 9 — Class G airspace

This Schedule describes Class G airspace. The effect of the determination is that in these areas IFR and VFR aircraft are permitted. The impact of the new determination of Class G airspace is expected to be negligible as the majority of this airspace is already in existence as previously established airspace for all flight operations within the Australian FIR. Any changes are minor adjustments only.

Schedule 10 — Controlled aerodromes

Under regulation 3.03 of the Air Services Regulations 1995, certain qualified employees of AA may give air traffic instructions and air traffic clearances to an aircraft at a controlled aerodrome or in airspace that is determined to be of a particular class. This Schedule lists the aerodromes that are controlled aerodromes. The effect of the determination is to identify the aerodromes at which licensed AA air traffic controllers may issue enforceable directions and instructions to aircraft. Any changes are minor adjustments only.

Appendix 2

Statement of Compatibility with Human Rights

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

Airspace Regulations 2007

CASA OAR 046/22 — Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2022

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

Under regulation 5 of the Airspace Regulations 2007, CASA may make determinations that a volume of airspace is a flight information area, a flight information region, a control zone, a control area or is classified, in accordance with Annex 11 to the Convention on International Civil Aviation (the Chicago Convention), as Class A, B, C, D, E, F or G airspace. A determination may also be made that an aerodrome is a controlled aerodrome. Each of these determinations is relevant for the purpose of defining and regulating the use, and relevant air traffic control, of the airspace. Such a determination is a legislative instrument.

Human rights implications

Each of the determinations in the legislative instrument may indirectly engage the right to freedom of movement in the air under Article 12 of the International Covenant on Civil and Political Rights (the ICCPR). This arises because, under other civil aviation rules, not all aircraft are permitted to fly in every classification of airspace as they might choose. However, this right is more directly engaged by the primary requirements of airspace regulation designed for aviation safety and conformity with the standards of the International Civil Aviation Organization under the Chicago Convention.

The orderly regulation of classes of airspace for different kinds of flight also has the effect in increasing aviation safety generally. To this extent, the determination instrument engages the right to life under Article 6 of the ICCPR, and the right to safe and healthy working conditions for air crew under Article 7 of the International Covenant on Economic, Social and Cultural Rights. However, in each instance, the engagement has the effect of directly or indirectly promoting the relevant right.

The instrument is otherwise 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. To the extent that the instrument engages relevant rights, the engagement is either reasonable, necessary and proportionate, or the right is positively promoted.

Conclusion

The legislative instrument is compatible with human rights and to the extent that it may also limit human rights, those limitations are reasonable, necessary and proportionate to protect aviation safety in the use of airspace.

Civil Aviation Safety Authority