CASA OAR 188/24 – Designation of Prohibited, Restricted and Danger Areas – Declaration and Determination (Permanent PRDs) Instrument 2024

Explanatory Statement

Airspace Regulations 2007

CASA OAR 188/24 – Designation of Prohibited, Restricted and Danger Areas – Declaration and Determination (Permanent PRDs) Instrument 2024

Purpose

The purpose of this declaration instrument is to create special use airspace areas by designating areas of Australian territory to be restricted areas or danger areas. These are typically volumes of airspace where, as a result of other flights or activities in the airspace, a danger to the flight of an aircraft in the area exists (or may exist) and the flight is, therefore, subject to access conditions or “take precautions” recommendations.

Australian-administered airspace

Australian-administered airspace is airspace that has been allocated to Australia by the International Civil Aviation Organization (ICAO) under the Chicago Convention and for which Australia has accepted responsibility. Australian-administered airspace includes the airspace over Australian territory and significant volumes of international airspace around Australia. Australian territory includes external territories, territorial seas and related airspace.

Legislation

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

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

Under subsection 11(2) of the As Act, the regulations may make provision for, and in relation to, various matters, including the designation of volumes of Australian-administered airspace for the purposes of restricting access to, or warning about access to, that airspace.

The Airspace Regulations 2007 (AsR 2007) were amended on 30 November 2023 by the Airspace Amendment (Danger Areas) Regulations 2023. Relevantly, the amendments:

(a) provide for declaration of danger areas in Australian-administered airspace outside Australian territory (consistent with the Chicago Convention which proscribes the creation of restricted areas over the high seas but permits the creation of danger areas); and

(b) provide for declaration of a new type of danger area known as a military operating area (MOA) to which conditions of entry can be applied for Australian aircraft only.

References to provisions of AsR 2007 in this document are references to the regulations as amended on 30 November 2023, and in force from time to time.

Under subregulation 6(1) of ASR 2007, CASA may make a declaration designating an area of Australian territory (up to the 12 nautical miles sea boundary) to be a prohibited or restricted area (P or R area).

Under subregulation 6(2) of ASR 2007, CASA must not declare a prohibited area unless, in the opinion of CASA, it is necessary for reasons of military necessity to prohibit the flight of aircraft over the area. (There are no prohibited areas.)

Under subregulation 6(3) of AsR 2007, CASA must not declare a restricted area unless, in the opinion of CASA, it is necessary in the interests of public safety (including the safety of aircraft in flight), or for the protection of the environment, or for national security, to restrict the flight of aircraft over the area to aircraft flown in accordance with specific conditions.

Under new subregulation 6(5A), CASA may make a declaration designating an area of Australian-administered airspace to be a danger area (D area) (prior to the amendments that took effect on 30 November 2023, such declarations were limited to areas of Australian territory). However, CASA must not declare a danger area unless, in the opinion of CASA, activities dangerous to the flight of aircraft may exist in the area at specified times.

Subregulation 6(5C) provides that such a declaration may designate danger areas as:

(a) a MOA; or

(b) another type of danger area, as specified in the declaration; or

(c) a danger area of unspecified type.

The current declaration instrument does not designate any areas under paragraph (b), but only areas under paragraphs (a) and (c).

Under new subregulation 6(5D), a declaration that designates an area as a MOA may impose conditions on the flight of aircraft in the area.

However, new subregulation 6(5E) limits the application of such conditions outside Australian territory to Australian aircraft only.

Under subregulation 6(6) and regulation 7 of AsR 2007, a declaration does not take effect until it is published in the Aeronautical Information Publication (the AIP) (for a declaration that is to have effect for longer than 3 months) or in a Notice to Airmen (NOTAM) (for declarations of lesser duration).

Under subregulation 6(7) of AsR 2007, a declaration ceases to have effect on the day, event or circumstances specified in the declaration.

Under subregulation 9(2) of AsR 2007 (as amended), if a volume of airspace has been declared under regulation 6 (as amended) to be a restricted area or a danger area, then CASA may make a determination that the air traffic services (ATS) to be provided for the relevant airspace are services that are at variance with the ATS that would otherwise be provided in accordance with the Chicago Convention.

Under subregulation 9(3), CASA must cause details of these varied services to be published in the AIP or NOTAM.

Background

The definitive description of Australian-administered airspace is compiled and monitored by Airservices Australia (AA). Currently, these descriptions are published twice yearly in an alternating 24- or 28-week cycle, in AA’s Designated Airspace Handbook (the DAH) of the AIP. The next iteration of this is effective on and from 28 November 2024.

Currently, there are no prohibited (P) areas. (However, to make this clear, the instrument contains a blank place holder, Schedule 1A.)

The restricted (R) areas and danger (D) areas are published in the DAH. The new DAH for 28 November 2024 contains some revisions of the R and D areas since the previous issue by AA in June 2024.

In particular, since November 2023 a new schedule for MOAs appears. This is due to the Australian Defence Force having begun the process to re-establish all restricted areas that included extraterritorial airspace as MOAs. The process was due to be completed by 28 November 2024, and the remaining areas have now been migrated to be MOAs as planned.

The DAH revisions also include the following: minor expansion of D214 (Robertson Barracks); creation of a new danger area at Barwon Heads for parachuting operations; disestablishment of 2 military restricted areas that are no longer required (R408 and R415); creation of a new danger area at Salt Ash Range to reduce activations of restricted airspace; and minor amendments to R767 to constrain the lateral limits within Australian territory.

Finally, a range of minor editorial amendments have been made: correction of the hours of activity of R231; correction of the contact details for D539AB; correction of the lateral limits of R255 (Edinburgh, SA); minor amendments to the R584 and R588 series as a result of the Williamtown airspace post-implementation review; and correction of a minor overlap in 2 restricted areas associated with expansion of the Shoalwater Bay Training Area.

It is necessary, therefore, for CASA, under regulation 6 of AsR 2007 to update its previous declarations and determinations instrument which was issued in June 2024.

The instrument would repeal CASA OAR 068/24 – Declarations and Directions in relation to Prohibited, Restricted and Danger Areas, Etc. – Permanent Instrument 2024, the previous instrument of declaration of prohibited, restricted and danger areas and determinations of services, and redeclare and redetermine them with changes effective on and from 28 November 2024. (For ease of users’ reference, “change bars” are used in the instrument to highlight where modifications have been made since the previous version.)

The instrument continues existing arrangements for voice deactivation of a P, R or D area (including MOAs).

For subregulation 6(6) of AsR 2007, the declaration and determination cannot take effect until published in the AIP (because they will have effect for longer than 3 months).

AIP publication takes the form of the promulgation of the DAH, as part of the AIP, effective on 28 November 2024. It is proposed that the declaration instrument would also take effect on that day.

Details of the instrument are set out in Appendix 1.

Chicago Convention

While safety restrictions may be imposed (a) on any aircraft flying inside Australian territory, and (b) on any Australian aircraft flying outside Australian territory, the Chicago Convention does not permit Australia to have or enforce any flight restrictions on foreign registered aircraft in international airspace.

Some declared parts of Australian-administered airspace outside Australian territory are used by Australia for military exercises and military flying, presenting potential dangers to aircraft overflying the relevant airspace unless appropriate precautions are taken.

Previously, Australia had sought to protect aviation safety in relevant airspace through what amounted to an unenforceable statement, embodied in the otherwise enforceable bi-annual Designation of Prohibited, Restricted and Danger Areas – Declaration and Determination (Permanent PRDs) Instruments, that the airspace was a notional restricted area, access to which was subject to permission from controlling authorities, or a notional danger area with open access but subject to cautionary advice.

CASA 26/21

A degree of enforceability was introduced through a directions instrument, CASA 26/21 – Direction – Australian Aircraft and Foreign Registered Aircraft in Australian-administered Airspace Instrument 2021. Its effect was to create notional restricted areas and notional danger areas in Australian-administered airspace outside Australian territory. The effect was that Australian-registered aircraft were required to observe the entry conditions for the notional restricted areas.

However, with the exception of a very small number of foreign registered aircraft operating under specific CASA approvals or permissions (for example, aerial work certificates), foreign registered aircraft were not required to observe the entry conditions for notional restricted areas. They were instead recommended to take such precautions as a reasonable pilot would take when overflying an area within which there is a potential danger to aviation.

For the purposes of the December 2022 DAH, a CASA review of the Chicago Convention requirements concluded that no foreign registered aircraft should be subject to access controls, but that the pilots in command of all such aircraft should instead be recommended to take appropriate precautions when overflying notional restricted areas outside Australian territory.

Instead of being in a separate directions instrument, following the issue of the December 2022 DAH instrument these new requirements were included in modified form in the PRD declaration instrument so that a single instrument could contain the coordinates and conditions, and controlling or contact authorities, for all relevant volumes of airspace, both domestic and international.

For the effectiveness of the instrument, the relevant nomenclature was:

• declared restricted areas (these are inside Australian territory)
• declared danger areas (these are anywhere in Australian-administered airspace, and as of 30 November 2023 include a new subtype known as military operating areas)
• directed notional restricted areas (these are outside Australian territory).

Using these categories, in simplified tabular summary, the instrument provided:

Airspace Amendment (Danger Areas) Regulations 2023

It was hoped that the AsR 2007 amendment (the Airspace Amendment (Danger Areas) Regulations 2023), that commenced on 30 November 2023, would remove the need for directions as such, while preserving compliance with the Chicago Convention in respect of foreign registered aircraft, in terms similar to the directions in the declaration instrument.

However, in order to allow Defence sufficient time to re-establish their offshore restricted areas as MOAs in a controlled and systematic fashion, the directions were temporarily maintained to provide a transition period until the end of 27 November 2024.

Legislation Act 2003 (the LA)

Directions made under subregulation 11.245(1) of the Civil Aviation Safety Regulations 1998 are “for subsection 98(5A)” of the Civil Aviation Act 1988 (the CA Act), that is, for regulations which empower the issue of certain instruments, like directions, in relation to “(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft”, and “(b) the airworthiness of, or design standards for, aircraft”.

The directions in the previous declaration instruments were clearly in relation to matters affecting the safe navigation and operation of aircraft. Under subsection 98(5AA) of the CA Act, a direction issued under paragraph 98(5A)(a), for such matters, is a legislative instrument if it is expressed to apply in relation to a class of persons or a class of aircraft.

The directions applied to the class of aircraft, operators, and pilots in command who may fly in Australian-administered airspace outside Australian territory and the instruments containing them were, therefore, legislative instruments.

Following completion of Defence’s migration of offshore restricted areas to MOAs, the current instrument does not incorporate any directions. It does, however, repeal the previous instrument. Paragraph 10(1)(d) of the LA provides that any instrument that includes a provision that repeals a legislative instrument is, itself, legislative. The current instrument is, therefore, a legislative instrument subject to registration, and tabling and disallowance in the Parliament, under sections 15G, and 38 and 42, of the LA.

Disallowance

CASA’s usual 6-monthly Designation of Prohibited, Restricted and Danger Areas – Declaration and Determination (Permanent PRDs) Instruments are not legislative instruments by virtue of item 1 of the table in regulation 7 of the Legislation (Exemptions and Other Matters) Regulation 2015. Being declaratory, they are not considered, in themselves, to determine or alter the content of the law. In addition, there is a frequent need for very short‑term temporary declarations in response to unexpected circumstances or events which expire within days or weeks. Consequently, declaration instruments, as such, are not legislative or subject to disallowance.

In the unlikely event that the more usual instrument of this kind was one to which the Parliament, or a House of the Parliament, made its objections known to CASA, it would certainly not be remade in the same or similar form within 6 months without CASA considering and, as far as safe and practicable, addressing any such parliamentary concerns.

In this particular case, however, the instrument repeals a legislative instrument, thus making this form of the instrument, as a whole, legislative and subject to disallowance.

It is expected that the instrument will be repealed and replaced in 6 months’ time when the next DAH comes into force.

Sunsetting

Under item 5 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015, an instrument relating to aviation safety made under regulation 6 or 9 of AsR 2007 is, in effect, exempted from the sunsetting provisions under Part 4 of Chapter 3 of the LA.

Under item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015, a direction instrument relating to aviation safety made under regulation 11.245 of CASR is, in effect, exempted from the sunsetting provisions under Part 4 of Chapter 3 of the LA.

Being such an aviation safety instrument, the instrument is, therefore, exempted from the sunsetting provisions. In policy terms, this exemption is necessary because the instrument deals with safety matters that, once identified, require a risk response or treatment plan which may be required to be certain and enduring in the interests of aviation safety.

In this case, as noted above, the instrument will be repealed on 12 June 2025 when the next DAH comes into force. Thus, in practice, no sunsetting avoidance issues arise. The fact that the instrument is formally not subject to sunsetting does not, therefore, impact on the potential for parliamentary oversight.

Incorporations by reference

Under subsection 98(5D) of the CA Act, the instrument may apply, adopt or incorporate any matter contained in any instrument or other writing.

A non-legislative instrument may be incorporated into a legislative instrument made under the CA Act, as that non-legislative instrument exists or is in force at a particular time or from time to time (including a non-legislative instrument that does not exist when the legislative instrument is made).

Under paragraph 15J(2)(c) of the LA, the Explanatory Statement must contain a description of the incorporated documents and indicate how they may be obtained.

There are no such specific documents incorporated into the instrument.

Consultation

Under section 16 of the CA Act, in performing its functions and exercising its powers, CASA must consult government, industrial, commercial, consumer and other relevant bodies and organisations insofar as CASA considers such consultation to be appropriate.

Under section 17 of the LA, before a legislative instrument is made, CASA must be satisfied that it has undertaken any consultation it considers appropriate and practicable in order to draw on relevant expertise and involve persons likely to be affected by the proposals.

The airspace change proposals that resulted in substantive changes to the declaration instrument were made available for consultation through the relevant Aviation State Engagement Forums (AvSEFs).

AvSEFs are State-based aviation forums who are advised of papers promulgated on the AvSEF website, covering all matters relating to airspace and related procedures in Australia in their particular areas of responsibility. AvSEF membership is open to all stakeholders of the Australian aviation industry, including associations, organisations, and independent entities.

Furthermore, appropriate targeted consultation was undertaken by the proponents of the changes. Any representations made by airspace users and others in the course of this consultation process are taken into account by CASA. There were no substantive objections to the proposed changes.

Overall, CASA is satisfied that the nature, extent, and duration of the consultation conducted for all of the current changes was adequate and that no further consultation would be appropriate or necessary in the circumstances.

Office of Impact Analysis (OIA)

CASA considers that this instrument represents the administration of existing regulatory requirements. OIA has provided general advice that the administration of existing regulatory requirements are exempt from the preparation of an Impact Statement.

Sector risk, economic and cost impact

Economic and cost impact

Subsection 9A(1) of the CA Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A(3) of the CA Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c), CASA must:

(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and

(b) take into account the differing risks associated with different industry sectors.

The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses, and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution, and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.

Similar to its predecessor (CASA OAR 068/24), the instrument contains provisions to subject Australian aircraft to certain offshore airspace access controls (these provisions are based on repealed direction instruments, CASA 26/21 and CASA 36/21 – Direction – Airservices Australia – Air Traffic and Aeronautical Information Services in Australian-administered Airspace Outside Australian Territory Instrument 2021, the latter to coordinate the role of AA). Consistent with the Chicago Convention, foreign registered aircraft are not so subject, but in practice they generally observe the access controls rather than alter existing practices and routes. Operators are familiar with these requirements, and operations have been adjusted to them without any significant objections or impacts. Therefore, in terms of economic and cost impacts for subsection 9A(3) of the CA Act, the instrument will have no detrimental material, economic or cost impact on aircraft operators in their continuing operations.

Sector risks

There are no increased, or differential, sector risks arising from the instrument.

Environmental impact

Under subsection 9A(2) of the CA Act, while regarding the safety of air navigation as the most important consideration, CASA must exercise its powers and perform its functions in a manner that ensures that, as far as practicable, the environment is protected from the effects, and associated effects, of the operation and use of aircraft.

It is not anticipated there will be any specific negative environmental impacts as a result of the instrument, as compared to its predecessor (CASA OAR 068/24). Thus, the instrument as such will have no specific new effects on the environment.

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 HR Act). The direction instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the HR Act and, to the extent that it engages relevant rights, it does so in a reasonable, necessary and proportionate way to promote relevant rights to life, to work and to safe and healthy working conditions.

Making and commencement

The instrument has been made by the National Manager, Air Navigation, Airspace & Aerodromes, Air Navigation, Transformation & Risk Division, a delegate of CASA, in accordance with subsection 73(2) of the CA Act.

As required by subregulations 6(6) and 7(1) of AsR 2007, following registration, the instrument commences on 28 November 2024, the day it is published in the AIP DAH.

Appendix 1

CASA OAR 188/24 – Designation of Prohibited, Restricted and Danger Areas – Declaration and Determination (Permanent PRDs) Instrument 2024

1 Name

  This section names the instrument.

2 Duration

  Under this section, the instrument commences on 28 November 2024 and ceases to have effect only if the instrument is repealed, or amended, and then only in accordance with the amendment. A Note explains that the declarations only take effect when they are published in the AIP DAH on 28 November 2024.

3 Repeal

  Instrument CASA OAR 068/24 – Declarations and Directions in relation to Prohibited, Restricted and Danger Areas, Etc. – Permanent Instrument 2024 is repealed.

4 Definitions

  Under this section, the meaning of key words and phrases, as they are used in the instrument, are defined, including:

Australian aircraft — this has the same meaning as in the CA Act, that is, an aircraft registered in Australia, or an aircraft in Australian territory, other than foreign registered aircraft and state aircraft; and

military operating area, or MOA — this means a type of danger area mentioned in paragraph 6(5C)(a) of AsR 2007 (as in force on and from 30 November 2023).

5 Declaration — designating prohibited, restricted and danger areas

  This section formally makes the declarations of airspace in terms of the Table. A series of Notes also describes the provisions which underpin the declarations.

6 Approvals and conditions for restricted areas

  Under this section, an aircraft may only be flown in a restricted area if the pilot in command has Controlling Authority (CA) approval.

7 Take precautions for danger areas other than military operating areas

  Under this section, an aircraft may be flown in a danger area without the pilot in command having approval from the relevant Contact, but precautions are recommended.

8 Approvals and conditions for MOAs – Australian aircraft

  Under this section, an Australian aircraft may only be flown in the airspace of a MOA if the pilot in command has Administering Authority approval.

9 Approvals and conditions for MOAs – Foreign registered aircraft

  Under this section, a foreign registered aircraft may only be flown in the airspace of a MOA inside Australian territory if the pilot in command has approval from the Administering Authority.

  A foreign registered aircraft may be flown in the airspace of a MOA mentioned in Schedule 2A that is outside Australian territory in Australian-administered airspace without the pilot in command having approval for the flight from the relevant Administering Authority mentioned in the Schedule for the area.

  However, it is recommended that for such an aircraft in such a MOA, the pilot in command take such precautions, and make such contacts, as a reasonable pilot, in the same circumstances, would take and make for an area within or over which activities dangerous to the flight of an aircraft may exist at specified times.

  Notes further explain the impact of these provisions.

10 Activation and deactivation (including by voice) for prohibited, restricted and danger areas

  Under this section a prohibited area, a restricted area, or a danger area (including a MOA), or a specified part of such an area (a relevant area), is activated in accordance with the hours of activity statement prescribed in the Schedule for the area.

  A relevant area activated in accordance with an hours of activity statement that is a NOTAM (an activating NOTAM) remains active until the finish time specified in the activating NOTAM (specified finish time) unless the CA, Administering Authority or Contact deactivates the area earlier using voice communication.

  Early deactivation may only be carried out if:

(a) the activity for which the area was activated has ceased; and

(b) CASA has authorised the early deactivation.

  If early deactivation occurs within the 60 minutes before the specified finish time, an amending NOTAM is not required.

  The period of activation of a relevant area activated by NOTAM may not be extended by voice communication past the finish time specified in the activating NOTAM.

11 Determination that ATS are at variance with Annex 11

  This section applies for an aircraft in a restricted area or a danger area (including a MOA), so that if the ATS to be provided for the airspace are at variance with the ATS that would otherwise be provided for that airspace in accordance with the ICAO Annex, the variance must be published in the AIP or a NOTAM. A Note explains that CASA may determine such variances, but only in conformity with the Chicago Convention processes.

12 Acronym legend and guidance about likelihood of approvals

  It is also provided that each decision of the relevant CA or Administering Authority to approve or not approve an aircraft to fly in the airspace of a restricted area or military operating area is to be taken in accordance with the requirements and limitations imposed for the area under this instrument. The section also supplements the acronym legend in Schedule 1AA.

Schedules:

Schedule 1AA contains an acronym legend.

Schedule 1A is a place holder for declared prohibited areas inside Australian territory (there are currently none).

Schedule 1 contains the coordinates, conditions and controlling authorities for the declared restricted areas inside Australian territory.

Schedule 2 contains the coordinates, conditions and contacts for the declared danger areas in Australian-administered airspace (excluding MOAs).

Schedule 2A contains the coordinates, conditions and administering authorities for the declared MOAs in Australian-administered airspace.

Appendix 2

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

CASA OAR 188/24 – Designation of Prohibited, Restricted and Danger Areas – Declaration and Determination (Permanent PRDs) Instrument 2024

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

The purpose of this declaration instrument is to designate areas of Australian territory to be restricted areas or danger areas. These are typically volumes of airspace where, as a result of other flights or activities in the airspace, a danger to the flight of an aircraft in the area exists (or may exist) and the flight is, therefore, subject to access conditions or “take precautions” recommendations.

Human rights implications

The declaration instrument may engage the following human rights:

• the right to freedom of movement in the air under Article 12 of the International Covenant on Civil and Political Rights (the ICCPR)
• the right to life under Article 6 of the ICCPR
• the right to work under Article 6(1) and the right to safe and healthy working conditions under Article 7 of the International Covenant on Economic, Social and Cultural Rights (the ICESCR).

Right to freedom of movement in the air

The instrument may engage this right for aircraft by making access to certain restricted and notional restricted areas conditional. However, to ensure conformity with the Chicago Convention, the right is not engaged for foreign registered aircraft over the high seas.

The right is engaged in the interests of the safety of air navigation because of the potential risks arising from, for example, certain kinds of military flying in relevant airspace.

Right to life under the ICCPR

Right to work and to safe and healthy working conditions under the ICESCR

The instrument may engage these rights. This engagement is in the context of CASA’s statutory purpose. The aim of CASA and its regulatory framework, including in the instrument, is to uphold aviation safety by prescribing appropriate safety rules and practices.

It is, therefore, a threshold requirement for all CASA legislative instruments that they preserve, promote and enhance aviation safety. The instrument promotes the right to life under Article 6 of the ICCPR by legislating for the safe use of threatened or potentially dangerous airspace.

As a consequence of the foregoing, for Article 7 of the ICESCR, the instrument will also promote the right to safe and healthy working conditions for pilots of aircraft in the relevant airspace.

For the right to work under Article 6(1) of the ICESCR, the instrument will require aircraft operators and pilots in command to observe the requirements of restricted areas and military operating areas. This is reasonably required in the interests of aviation safety and it is not expected to result in any change of actual flying practices from those previously followed.

Human rights implications

The declaration 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.

To the extent that the instrument does engage any of the applicable rights or freedoms, it does so either out of necessity in the interests of aviation safety, or positively to promote the right to life under the ICCPR and the right to safe and healthy working conditions under the ICESCR. Any relevant engagement is considered to be reasonable, necessary and proportionate to the risks the instrument seeks to address.

Conclusion

This legislative instrument is compatible with human rights, and to the extent that it engages relevant rights, it does so in a reasonable, necessary and proportionate way.

Civil Aviation Safety Authority