Explanatory Statement
Airspace Regulations 2007
Amendment of CASA OAR 173/10
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.
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 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 (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 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 published its latest DAH effective on 18 November 2010. This updated DAH contained some revision of the descriptions of relevant airspace information since the previous issue by AA in June 2010. The changes were essentially minor adjustments to lateral and vertical limits of airspace volumes.
Effective on 18 November 2010, CASA, under regulation 5 of the AsR 2007, issued a new determination, CASA OAR 173/10, to update its previous determination (of June 2010) in light of the latest DAH.
Amendment of the Determination
The Determination CASA OAR 173/10 is now amended to make provision for an addition to the Class A airspace.
This amendment classifies certain airspace from 65 degrees south to 80 degrees south between FL245 and FL600 as Class A airspace and, therefore, enables the introduction of ATC services for that airspace. These ATC service takes effect on, and from, 16 December 2010 and the amendment Determination commences on 16 December 2010 also.
The extension of the Class A airspace from 65 degrees south to 80 degrees south, between FL245 and FL600, will allow existing operators, including airlines, to reduce the fuel burn on air routes from Sydney to Johannesburg. By changing the classification of airspace from its previous status as Class G to Class A, those flights (numbering a maximum of 3 per week, seasonally) will be able to utilise reduced vertical separation minima (RVSM) levels to optimise efficiency and gain improved ATC services. This is an improvement in both safety and the protection of the environment; and is in line with the requirements for administration of Australia’s airspace under the Australian Airspace Policy Statement 2010.
Correction of omission
The amendment Determination also corrects the omission of 2 controlled aerodromes from the list of controlled aerodromes in Schedule 10 of the Determination, CASA OAR 173/10. As a result of an oversight, Broome and Karratha had not been included in the DAH list of controlled aerodromes and thus were not included in the Determination. The amendment Determination makes the correction.
Details of the Determination
More details of the amendment 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
The airspace users of any 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 are taken into account by CASA. This process was followed in this case also, including public consultation via the CASA external website where the proposal was published for comment on 10th September 2010. No comments or queries were received from the public or other airspace users.
The International Civil Aviation Organization (ICAO) was advised of the proposal to change the airspace classification and confirmation sought of ICAO’s agreement. ICAO agreed that Australia may change the classification of the airspace allocated to it i.e. the airspace within the Australian flight information region (FIR) which includes specifically the area to 80 degrees south.
Adjacent FIR Managers, namely, the Civil Aviation Authority of New Zealand and Air Traffic and Navigation Services of South Africa were also consulted. Neither of the New Zealand nor South African authorities had any issues with the Class A extension.
AA, including the Aeronautical Information Services (AIS), were consulted about management and publication of the change. AA (and AIS) noted requirements for document preparation and publication which the OAR has addressed, including assistance to amend letters of agreement between AA and Antarctic Treaty Parties.
The Australian Antarctic Division (AAD) of the Department of the Environment, Water, Heritage and the Arts were notified of the proposed airspace change: and consulted regarding the possible effects of the change from the AAD perspective, including environment issues. The AAD determined that flights transiting the Antarctic Treaty area were not considered to be subject to the Antarctic Treaty (Environment Protection) Act 1980. They also advised that further consultation with the Antarctic Treaty Parties and the Department of Foreign Affairs and Trade (DFAT) would be prudent.
In subsequent consultations, DFAT requested further information as to the legislative basis for the change to the airspace classification, CASA provided the information and no further issues were raised.
The Australian Defence Force (ADF) was notified of the proposal through notice to the Military Manager outposted to CASA and no ADF-related issues arose.
In addition, CASA, through the OAR, carried out an assessment of the likely environmental impact under the Environment Protection and Biodiversity Conservation Act 1999 and concluded that no issues from the EPBC Act Protected Matters Report would be affected by the proposal.
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 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.
As required by subregulation 5 (2) of the AsR 2007, following registration the Determination commences on 16 December 2010, the day it is published in the AIP.
APPENDIX 1
Details of amendment Determination of airspace and controlled aerodromes etc
Section 1 — Commencement
Under this section, the amendment Determination commences on 16 December 2010 following registration and publication in the AIP as required by subregulation 5 (3) of the Airspace Regulations 2007.
Section 2 — Amendment
Under this section, instrument CASA 173/10 is amended as set out in Schedule 1.
Schedule 1 — Amendment
Amendment 1 modifies Schedule 3 – Class A Airspace, YBBB – YMMM/Melbourne FIR CTA A2, Lateral Limits, to omit the previous coordinates relating to 65 South, and substitutes the new extended coordinates relating to 80 South.
Amendments 2 and 3 insert Broome and Karratha in to the list of controlled aerodromes.
[Instrument number CASA OAR 179/10]