Explanatory Statement
Airspace Regulations 2007
Determination of airspace and controlled aerodromes etc
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
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 the 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 revoked, a determination ceases to have effect at the time, in the event or in the 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.
Background
Under regulation 5 of the 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, 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 radio communication, navigation or air traffic control requirements. A controlled aerodrome is an aerodrome at which an air traffic control 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 in AA’s Designated Airspace Handbook (DAH) twice yearly every 24 or 26 weeks.
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. Nevertheless, AA remains responsible for the definitive description of Australian-administered airspace.
AA has published its DAH, effective on and from 15 November 2012. This updated DAH contains some revision of the descriptions of relevant airspace information since the previous issue by AA in June 2012.
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 principal determination issued by CASA in June 2012.
Summary of the Determination
The determination revokes the previous instrument of determination (CASA OAR 078/12) and re-determines it in an instrument with minor changes effective on, and from, 15 November 2012.
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.
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, by revoking 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 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.
Consultation
As a matter of standard practice, the airspace users of any particular airspace that may be subject to changed arrangements are 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.
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 does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.
Making and commencement
The determination has been made by the Acting 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 5 (2) of the AsR 2007, following registration the determination commences on 15 November 2012, the day it is published in the AIP DAH.
Appendix 1
Details of determination of airspace and controlled aerodromes etc
Section 1 — Commencement
Under this section, the determination commences on 15 November 2012 when it is published in the AIP DAH as required by subregulation 5 (3) of AsR 2007.
Section 2 — Revocation
Under this section, the previous determination, CASA OAR 078/12 is revoked.
Section 3 — Definitions
Under this section, some terms and phrases are defined for clarity.
Section 4 — Determinations of airspace and controlled aerodromes etc
Under subsection 4 (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:
Schedule | Areas, regions, zones or classifications |
Schedule 1 | Flight information regions |
Schedule 2 | Flight information areas |
Schedule 3 | Class A airspace |
Schedule 4 | Class C airspace |
Schedule 5 | Class C control zones |
Schedule 6 | Class D airspace |
Schedule 7 | Class D control zones |
Schedule 8 | Class E airspace |
Schedule 9 | Class G airspace |
Schedule 10 | Controlled aerodromes |
Under subsection 4 (2), the CASA delegate determines that the aerodromes mentioned in Schedule 10 are controlled aerodromes.
Under subsection 4 (3), it is provided that, subject to section 5, each of the determinations made by subsections 4 (1) and 4 (2) ceases to have effect only if the instrument is revoked or amended, and then only in accordance with the amendment.
Section 5 — Determination that airspace of a class becomes airspace of another class
Under subsection 5 (1), the CASA delegate determines that the airspace classified as Class A, C, D, E or G by section 4 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 5 (2).
Under subsection 5 (2), and subject to subsection 5 (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 air traffic control 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 5 (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 5 (4), the airspace becomes the specified class as intended when the temporary requirement ceases.
Under subsection 5 (5), the determination made by subsection 5 (1) ceases to have effect only if the determination instrument is revoked or amended, and then only in accordance with the amendment.
Section 6 —Emergency determination that airspace of a class becomes airspace of another class
Under subsection 6 (1), the 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 4 (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 (2).
Under subsection 6 (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 6 (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 6 (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 6 (5), an authorisation mentioned in subsections (2) and (3) may not remain in force for longer that 7 days but may be renewed in accordance with this section. Under subsection 6 (6), the determination made in subsection (1) ceases to have effect only if the instrument is revoked, or amended, and then only in accordance with the amendment.
Section 7 — Determination for voice deactivation of Class C Control Zones
Under subsection 7 (1), the 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 air traffic control (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 7 (2), early deactivation may only be carried out if the activity for which the activating NOTAM was published has been completed or otherwise terminated.
Under subsection 7 (3), early deactivation may not occur earlier than 60 minutes before the specified finish time unless an amending NOTAM is issued.
Under subsection 7 (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.
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].”]
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 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 flight information regions
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 air traffic service (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 air traffic control (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 flight information region. 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 on 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 flight information region. 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 metrological 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 flight information region. 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 flight information region. 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 flight information region.
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 air traffic control service and IFR flights are separated from other IFR. All flights will receive traffic information so far as practical.
The impact on 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 flight information region. 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 on 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 flight information region. 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
Determination of airspace and controlled aerodromes etc
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 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 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. The 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
[Instrument number CASA OAR 140/12]