CASA OAR 171/08 - Determination of airspace and controlled aerodromes etc

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

Under subsection 11 (2), the regulations may make provision for, and in relation to, the classification and designation of airspace, the designation of air routes, 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.

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.

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 and 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 3 current control zones (for Class C airspace, Class D airspace and general aviation aerodromes procedure (GAAP), 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 20 November 2008. This updated DAH contains some revision of the descriptions of relevant airspace information since the previous issue by AA in June 2008. The changes are essentially minor adjustments to lateral and vertical limits of airspace volumes. Consequently, it is necessary for CASA, under regulation 5 of the AsR 2007, to update the previous determinations issued by CASA in June 2008.

Summary of the Determination

The determination revokes the previous instrument of determination (CASA OAR 68/08) and re-determines it in an instrument with minor changes effective on, and from, 20 November 2008.

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

OBPR

The Office of Best Practice Regulation (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 determination has been made by the General Manager of the Airspace and Aerodrome Regulation Group, 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 20 November 2008, 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 20 November 2008 when it is published in the AIP DAH as required by subregulation 5 (3) of the Airspace Regulations 2007.

Section 2 — Revocation

Under this section, the previous determination is revoked.

Section 3 — Determinations of airspace and controlled aerodromes etc

Under subsection (1) of this section, 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 (2) of this section, the CASA delegate determines that the aerodromes mentioned in Schedule 11 are controlled aerodromes.

Under subsection (3) of this section, it is provided that, subject to subsection 4 (1), each of the determinations made by section 3 ceases to have effect only if the instrument is revoked or amended, and then only in accordance with the amendment.

Section 4 — Determination that airspace of a class becomes airspace of another class

Under subsection (1) of this section, the CASA delegate determines that the airspace classified as Class A, C, D, E or G by section 3 above, ceases to be airspace of that class and becomes airspace of another specified class in accordance with the conditions, including as to time, set out in an AIP or NOTAM authorised in writing by the delegate. This is to enable unforeseeable temporary reclassifications of airspace.

Under subsection (2) of this section, it is provided that the determination in subsection (1) ceases to have effect only if the determination instrument is revoked or amended, and then only in accordance with the amendment.

A temporary change of airspace classification would otherwise cease in accordance with the terms of the relevant AIP or NOTAM authorised by the delegate.

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.

The impact of the new determination of Australian FIR is expected to be nil as these regions are in existence solely for the delineation of 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 of 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 at, 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.

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. Any changes are minor adjustments only.

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 — GAAP control zones

This Schedule describes GAAP control zones. The effect of the determination is to describe the area which caters for high density operations around a licensed aerodrome. A separation service is not provided by ATC to aircraft operating within the GAAP control zone when visual meteorological conditions (VMC) exist, day or night.

The impact on the new determination of GAAP 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 11 — 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.

The impact on the new determination of controlled aerodromes is expected to be negligible as the controlled aerodromes remain unchanged.

[Instrument number CASA OAR 171/08]