Explanatory Statement
Airspace Regulations 2007
Determination of controlled aerodrome — Port Hedland
Purpose
This instrument is phase 1 in a process involving subsequent, complementary instruments to give effect to CASA’s intention that on and after 13 November 2014, Port Hedland aerodrome in Western Australia is established as a controlled aerodrome for which, and for the relevant surrounding airspace of which, Class D air traffic control (ATC) services are delivered by Airservices Australia (AA).
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 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.
Unless sooner revoked, a determination ceases to have effect at the time, event or circumstances specified in the determination or on revocation 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 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. The effect of determining that an aerodrome is a controlled aerodrome is to designate the aerodrome as one at which licensed AA air traffic controllers may issue enforceable directions and instructions to aircraft.
Aeronautical study of Port Hedland
CASA’s Office of Airspace Regulation conducted an aeronautical study of Port Hedland in 2011. Following analysis of data it was recommended that 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 service is 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 control services at Port Hedland in November 2014.
Determination
The determination is, therefore, the first formal phase in the process of ensuring that an operational ATC tower and ATC staff will be established by AA at Port Hedland aerodrome on and from 13 November 2014.
Subsequent determination foreshadowed
Subsequent phases will include designing and finalising the classification, in consultation with AA, of relevant airspace and control zones, and the preparation of a Determination of airspace and controlled aerodromes etc to be issued on 13 November 2014 embodying the full details of the new arrangements.
Depending on timing and progress with the project, the subsequent determination will be in the form of the regular periodic determination of airspace and controlled aerodromes, issued under regulation 5 of the AsR 2007 on 13 November 2014. This will incorporate details of Port Hedland, and its relevant airspace, as a controlled aerodrome and as Class D airspace respectively.
However, if in the interests of clarity and expedition an earlier, separate determination is required to ensure that the arrangements for Port Hedland may be implemented on time, CASA may, in consultation with AA, issue a separate determination to similar effect.
Role of AA
AA is an ATS provider under Part 172 of the Civil Aviation Safety Regulations 1998 for provision of ATC services in Australian territory.
Under its certificate as such a provider (CASA instrument 439/10), AA is approved as an ATS provider for a large number of named aerodromes listed in Schedule 2 of the certificate. Port Hedland aerodrome is listed in the Schedule, but only for the provision of local flight information services known as Aerodrome Flight Information Service (AFIS).
Once Port Hedland becomes a controlled aerodrome, the current AFIS will be upgraded to full Class D air traffic control service. Among other things, AA will need to establish a suitable control tower with appropriate facilities, services and personnel.
To assist AA, CASA has issued this direction which gives approximately 18 months’ notice of the required implementation of ATC at Port Hedland aerodrome.
Discussions and consultations between CASA and AA on airspace design and development will commence immediately. It is CASA’s understanding and expectation that AA will immediately commence planning and training to implement the new arrangements, and that work on establishing the tower will commence shortly thereafter.
CASA will monitor progress with these developments to ensure that an ATC tower and associated Class D air traffic services operating in the newly determined airspace are in place for Port Hedland by 13 November 2014.
Consequential provision
A consequential provision in the instrument is intended to ensure that, pending completion of the phases to establish ATC at Port Hedland by 13 November 2014, the determination in the instrument does not affect, and is not affected by, any Determination of airspace and controlled aerodromes etc instrument made after the instrument is made. This is a precautionary provision to protect the instrument from any unintended effects of at least 2 periodic Determination of airspace and controlled aerodromes etc instruments which will be made before 13 November 2014 and which will not refer to Port Hedland.
Legislative Instruments Act 2003 (the LIA)
Under section 5 of 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.
The determination is, therefore, a legislative instrument. It is subject to registration, and to tabling in the Parliament, under sections 24 and 38 of the LIA respectively. However, under items 1B and 1A of Schedules 2 and 3 respectively of the Legislative Instruments Regulations 2004, the determination is not subject to either disallowance or sunsetting.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Consultation
Consultation under section 17 of the LIA has been 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. Before the arrangements for Port Hedland are finalised, relevant airspace users will be notified of the proposals and consulted about them. Any representations made by the users about the proposals will then be taken into account by CASA.
Office of Best Practice Regulation (OBPR)
OBPR does not require a Regulation Impact Statement because a preliminary assessment of Business Compliance Costs indicates that the determination as such will have only a low impact on business or competition.
Making and commencement
The determination has been made by the Executive Manager, Airspace and Aerodrome Regulation Division, a delegate of CASA, under subsection 94 (1) of the Civil Aviation Act 1988 (the Civil Aviation Act), in association with paragraph 9 (3) (cc) and section 13 of the Civil Aviation Act.
As required by subregulation 5 (2) of the AsR 2007, following registration, the determination commences on 13 November 2014 and has been published in NOTAM.
[Instrument number CASA OAR 061/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
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
CASA’s Office of Airspace Regulation conducted an aeronautical study of Port Hedland in 2011. Following analysis of data, it was recommended that AA prepare strategies for Port Hedland aerodrome to become a controlled aerodrome with associated change to the airspace classification.
The determination is the first formal phase in the process of ensuring that an operational ATC tower and ATC staff will be established by AA at Port Hedland aerodrome on and from 13 November 2014.
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