Explanatory Statement
Airspace Regulations 2007
Determination of controlled aerodrome — Broome
Purpose
This instrument is phase 1 in a process involving subsequent, complementary instruments to give effect to CASA’s intention that on and after 18 November 2010, Broome aerodrome in Western Australia is established as a controlled aerodrome for which, and for the relevant surrounding airspace of which, Class D air traffic control (ATC) services are delivered by Airservices Australia (AA).
Legislation
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 paragraph 11 (2) (g), the regulations may make provision for and in relation to the determination of controlled aerodromes.
Under subregulation 5 (1) of the Airspace Regulations 2007 (the AsR 2007), CASA may, in writing, make various determinations about the aviation status of aerodromes and the airspace for whose management Australia has responsibility under the Chicago Convention.
Under paragraph 5 (1) (e) in particular, CASA may determine that an aerodrome is a controlled aerodrome.
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.
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. The effect of determining that an aerodrome is a controlled aerodrome is to designate the aerodrome as one at which licensed AA air traffic controllers may issue enforceable directions and instructions to aircraft.
Aeronautical study of Broome
Through its Office of Airspace Regulation, CASA conducted an aeronautical study of Broome aerodrome (Aeronautical Study of Broome, May 2009). Using this study, CASA examined aircraft movements at Broome to gain an understanding of the volume, mix and rate of increase of traffic movements. The purpose of the examination was to consider if ATC measures were required to preserve the safety of operations, in particular, of regular public transport (RPT) operations.
Broome aerodrome and associated airspace is currently classified as Class G airspace and is not supported by ATC services. The aerodrome is supported by a certified air/ground radio operator (CA/GRO), which is an important airspace risk mitigator. Air traffic movements are currently, and approximately, in excess of 36 000.
The aeronautical study indicated that air traffic movements at the aerodrome could be expected to increase at the annual rate of approximately 5%. Using this data, the results of an Airspace Risk Model indicated that it would be prudent for CASA to plan ahead for additional airspace risk mitigators before aircraft movements exceeded 46 000 movements annually. Of its nature, the 46 000 movements figure is indicative only but it provides a marker to enable CASA to plan ahead for safety with a margin of safety.
The study recommended that risk mitigation in the form of a Class D ATC tower with procedural ATC services should be planned for Broome aerodrome. Discussions between CASA and AA indicated that an ATC tower and trained ATC staff could be provided for the aerodrome by around 18 November 2010.
Determination
The determination is, therefore, the first formal phase in the process of ensuring that an operational ATC tower and ATC staff will be established by AA at Broome aerodrome on and from 18 November 2010.
Subsequent determination foreshadowed
Subsequent phases will include designing and finalising the classification, in consultation with AA, of relevant airspace and control zones, and the preparation of a Determination of airspace and controlled aerodromes etc to be issued on 18 November 2010 embodying the full details of the new arrangements. Logistical requirements for publication and data distribution mean that airspace design and development work must be completed by June 2010, although actual planning and work by AA to establish the tower and train staff must be commenced immediately.
Depending on timing and progress with the project, the subsequent determination will be in the form of the regular periodic determination of airspace and controlled aerodromes, issued under regulation 5 of the AsR 2007 on 18 November 2010. This will incorporate details of Broome, and its relevant airspace, as a controlled aerodrome and as Class D airspace respectively.
However, if in the interests of clarity and expedition an earlier, separate determination is required to ensure that the arrangements for Broome may be implemented on time, CASA may, in consultation with AA, issue a separate determination to similar effect.
Role of AA
AA is an ATS provider under Part 172 of the Civil Aviation Safety Regulations 1998 for provision of ATC services in Australian territory.
Under its certificate as such a provider (CASA instrument 278/07), AA is approved as an ATS provider for a large number of named aerodromes listed in Schedule 2 of the certificate, but also including “Other locations as published in a NOTAM”. For the purposes of this determination, CASA will NOTAM Broome aerodrome for inclusion under AA’s certificate.
By determining in advance that Broome aerodrome will a controlled aerodrome from 18 November 2010, and by indicating that this is the first phase in a process to establish Class D airspace and related ATC requirements, CASA, in consultation with AA, is providing AA with 12 months’ notice of CASA’s intentions to have ATC operating at Broome by that date.
Discussions and consultations between CASA and AA on airspace design and development will commence immediately. It is CASA’s understanding and expectation that AA will immediately commence planning and training to implement the new arrangements, and that work on establishing the tower will commence shortly thereafter.
CASA will monitor progress with these developments to ensure that an ATC tower, and associated Class D ATC airspace, are in place for Broome by 18 November 2010.
Consequential provision
A consequential provision in the instrument is intended to ensure that, pending completion of the phases to establish ATC at Broome by 18 November 2010, the determination in the instrument does not affect, and is not affected by, any Determination of airspace and controlled aerodromes etc instrument made after the instrument is made. This is a precautionary provision to protect the instrument from any unintended effects of at least 2 periodic Determination of airspace and controlled aerodromes etc instruments which will be made before 18 November 2010 and which will not refer to Broome.
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 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
Consultation under section 17 of the LIA has been undertaken with AA. Before the arrangements for Broome are finalised, relevant airspace users will be notified of the proposals and consulted about them. Any representations made by the users about the proposals will then be taken into account by CASA.
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 as such will have only a low impact on business or competition.
Making and commencement
The determination has been made by the General Manager, Airspace and Aerodrome Regulation Group, a delegate of CASA, under subsection 94 (1) of the Civil Aviation Act 1988 (the Civil Aviation Act), in association with paragraph 9 (3) (cc) and section 13 of the Civil Aviation Act.
As required by subregulation 5 (2) of the AsR 2007, following registration, the determination commences on 18 November 2010 and has been published in NOTAM.
[Instrument number CASA OAR 192/09]