CASA OAR 079/11 – Designation of air routes – Determination of conditions for use of air routes

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

Legislation au F2011L00878 Not in force Legislative Instrument

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Explanatory Statement

Airspace Regulations 2007

Designation of air routes

Determination of conditions for use of air routes

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

 

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

 

Under paragraph 11 (2) (e), regulations may make provision for, and in relation to, the designation of air routes and airways in Australian-administered airspace, and the conditions of use of a designated air route or airway.

 

Legislation

Under subregulation 11 (1) of the Airspace Regulations 2007 (the AsR 2007), CASA may, in writing, designate air routes and airways in Australian-administered airspace.

 

Under subregulation 11 (2), CASA may determine the conditions that apply to the use of a designated air route or airway.

 

Under subregulation 11 (3), a designation or determination must be made to take effect on, or after, the day on which the designation or determination is published in the AIP or a NOTAM.

 

Background

Under regulation 11 of the AsR 2007, CASA may make determinations of air routes.

 

An air route is a specified route between 2 points, the purpose of which is to channel the flow of air traffic to facilitate the provision of air traffic services.

 

The definitive description of air routes in Australian-administered airspace is compiled and monitored by Airservices Australia (AA). Currently, these descriptions are published in AA’s Designated Airspace Handbook (DAH) twice yearly every 24 or 26 weeks.

 

The DAH lists and describes, in tabular form, the navigable segments of the air routes in Australian-administered airspace. By the use of codes, prefixes and legends, the conditions applying for particular air routes are indicated.

 

On 1 July 2007, CASA took over from AA responsibility for the regulation of Australian airspace. Nevertheless, AA remains responsible for the definitive description of air routes in Australian-administered airspace.

 

AA has published its DAH effective 2 June 2011. This updated DAH contains some revision of the descriptions of air routes since the previous issue by AA in November 2010. The changes are essentially minor adjustments to waypoints which constitute those air routes.

 

Consequently, it is necessary for CASA, under regulation 11 of the AsR 2007, to update its previous determination of air routes by issuing the new determination.

 

Summary of the Determination

The instrument revokes the previous instrument of designation of air routes, namely, CASA OAR 174/10 — Designation of air routes, and redesignates them with minor changes effective on, and from, 2 June 2011.

 

The new instrument of designation designates the relevant air routes by reference to navigable segments.

 

Details of the determination

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

 

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 designation, by revoking and remaking in altered form, the existing air routes designation 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 designation is not subject to either disallowance or sunsetting.

 

Consultation

As a matter of standard practice, the airspace users of any particular airspace that may be subject to changed arrangements, are formally notified of the proposals by the proponent and consulted about them. Any representations made by the users about the proposals are taken into account by CASA. This consultation process was followed in this case also.

 

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 will have only a low impact on business or competition.

 

Making and commencement

The designation 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.

 

As required by subregulation 11 (2) of the AsR 2007, following registration the designation commences on 2 June 2011, the day it is published in the AIP DAH.

 

[CASA OAR 079/11]

Appendix 1

Details of designation of air routes

 

Section 1 — Commencement

Under this section, the determination commences on 2 June 2011 when it is published in the AIP DAH as required by subregulation 11 (3) of the Airspace Regulations 2007.

 

Section 2 — Revocation

Under this section, the previous designation instrument, CASA OAR 174/10, is revoked.

 

Section 3 — Designation of air routes

Under this section, the CASA delegate designates the relevant air routes by describing them in Schedule 2 of the instrument. The Schedule replicates the original data in the AIP DAH.

 

Section 4 — Determination of conditions for use of air routes

This section has the effect of imposing as conditions on the use of an air route, the restrictions and limitations used for the air route, as explained by the codes, prefixes and limitations mentioned in Schedule 1. The route codes, prefixes and legends in Schedule 1 replicate the original data in the AIP DAH.

 

Schedule 1 — Route legends

This Schedule describes the codes, prefixes and legends which, in effect, decode the air route descriptions in Schedule 2. Interpreted in light of the codes, prefixes and legends, the conditions and restrictions on each air route become evident.

 

Schedule 2 — Air routes

This Schedule describes the air routes and, using codes, prefixes and legends, indicates the restrictions and limitations that apply to the use of a designated air route. The effect of the designation is that pilots and air traffic controllers are assisted in identifying navigable airspace between 2 points for the application of flight rules.

 

The impact on the new designation of air routes is expected to be negligible as most of the air routes are already in use. In any case, 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. Air traffic control may, therefore, describe any route by reference to its segments if required for any particular flight regardless of the existence of a designated route.

 

[Instrument number CASA OAR 079/11]

Overview

The Airspace Regulations 2007 were enacted to facilitate the administration and regulation of Australian-administered airspace, providing the Civil Aviation Safety Authority (CASA) with the authority to designate air routes and determine the conditions for their use. This regulatory framework was introduced to ensure the efficient and safe management of air traffic within Australia's airspace. The Australian Parliament, through delegation of powers under the Airspace Act 2007, empowered CASA to make these regulations, thereby establishing clear guidelines for airspace usage and air traffic services. The policy objective of these regulations is to enhance the flow of air traffic by defining specific routes and conditions, thus contributing to the overall safety and efficiency of the nation's airspace. This structured approach ensures that airspace users, including pilots and air traffic controllers, have a clear understanding of the designated routes and the associated restrictions and limitations.

Scope and Application

The Airspace Regulations 2007 apply to the designation of air routes and the determination of conditions for their use within Australian-administered airspace, a responsibility delegated to the Civil Aviation Safety Authority (CASA). The Act pertains to all entities involved in air traffic within Australia's airspace, including airlines, pilots, and air traffic controllers. The geographic scope of the Act covers all airspace under Australian administration, and it does not specify exclusions or exemptions. The determination of air routes and conditions for their use is made under the authority conferred by the Airspace Act 2007, with the specific provisions detailed in the Airspace Regulations 2007. The application of the Act can be extended or restricted through subordinate instruments as needed. The regulations are subject to registration and parliamentary tabling under the Legislative Instruments Act 2003, though they are exempt from disallowance and sunsetting provisions. The consultation process involves notifying airspace users and considering their feedback, ensuring that any changes to air routes have minimal impact on business and competition. The designation of air routes and conditions for their use is effective from the date of publication in the Aeronautical Information Publication Designated Airspace Handbook (AIP DAH).

Key Provisions

The Airspace Regulations 2007, particularly under subregulation 11(1), empower the Civil Aviation Safety Authority (CASA) to designate air routes and airways in Australian-administered airspace. This is achieved through written communication and must be published in the Aeronautical Information Publication (AIP) or a Notice to Airmen (NOTAM) to take effect. Subregulation 11(2) allows CASA to establish the conditions governing the use of these designated air routes and airways, ensuring safety and efficiency in air traffic management. These regulations are crucial in maintaining the orderly flow of air traffic, aiding pilots and air traffic controllers in navigating and managing flights. CASA, under these regulations, has specific obligations to ensure the safe and efficient use of Australian airspace. This includes the responsibility to formally notify and consult with airspace users regarding any changes to air routes or their conditions. This consultation process ensures that the needs and concerns of all stakeholders are considered before any changes are implemented. Furthermore, CASA must ensure that these designations and conditions are clearly documented and published, so they are readily accessible to pilots, air traffic controllers, and other aviation professionals. Failure to comply with the conditions set forth by CASA for the use of designated air routes can result in various penalties. While the specific penalties are not detailed in the provided text, it is implied that breaches of these conditions could lead to enforcement actions under the Civil Aviation Act 1988. These actions might include fines, suspension of licenses, or other regulatory measures aimed at ensuring compliance and maintaining the safety of Australian airspace. The exact nature and severity of these penalties would depend on the specific breach and its impact on aviation safety. The Airspace Regulations 2007, through their provisions for the designation of air routes and the conditions of their use, play a critical role in the governance of Australian airspace. CASA's role in this governance is pivotal, requiring careful consideration of safety, efficiency, and the needs of all airspace users. The regulations ensure that air routes are clearly defined and that the conditions for their use are well understood and adhered to by all parties involved in air traffic management. This framework is essential for maintaining the high standards of safety and efficiency that are characteristic of Australia's aviation sector.

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Administrative Law
Aviation Law
Instrument
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Definitions & Interpretation
Commencement Provisions
Delegation & Subordinate Legislation
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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.