Explanatory Statement
Airspace Regulations 2007
Determination of controlled aerodrome — Karratha
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, Karratha 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.
Background
Karratha aerodrome and associated airspace is currently classified as Class G airspace and is not supported by ATC services. Air traffic movements are currently, and approximately, in excess of 30 000 and are expected to gradually increase over time. As a matter of practice, there is separation between helicopter and aeroplane traffic at the aerodrome because of their adoption of north and south approach and departure paths, respectively. The mix of aircraft traffic at the aerodrome is also less complex than is found at Broome aerodrome, for example.
Aeronautical study of Karratha aerodrome
AA conducted an aeronautical study of Karratha aerodrome (Aeronautical Study, 2008, Karratha) and supplied it to CASA. It contains detailed information about the volume and mix of traffic movements at Karratha aerodrome. Using this data, CASA examined aircraft movements at Karratha for the purpose of considering if ATC measures were required to preserve the safety of regular public transport (RPT) operations at the aerodrome.
The data was analysed with the aid of CASA’s in-house Airspace Risk Model (ARM). The modelling results showed that the current volume and mix of traffic is straddling the Scrutiny Risk Line for RPT operations and reached a risk level in excess of that line. The data analysed is indicative rather than absolute but it provides a marker to enable CASA to plan ahead for safety with a margin of safety.
CASA’s findings indicated that it would be prudent for CASA to consider requiring specific airspace risk mitigators for Karratha aerodrome as soon as practicable. CASA considered, therefore, that mitigation in the form of a Class D ATC tower with procedural ATC services should be implemented for Karratha aerodrome on and from 18 November 2010. 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 Karratha 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 Karratha, 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 Karratha 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 Karratha aerodrome for inclusion under AA’s certificate.
By determining in advance that Karratha aerodrome will be 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 Karratha 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 Karratha 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 Karratha 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 Karratha.
Interim mitigators
In the interim period before the ATC tower is completed and functioning at Karratha, CASA, in consultation with AA and the aerodrome operator, will assess appropriate interim risk mitigators for the RPT traffic using the aerodrome. CASA will mandate the mitigators with an appropriate direction or other instrument. These risk mitigators may take the form of a mobile ATC tower or a certified air/ground radio service (CA/GRS) depending on assessment to be completed.
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 Karratha 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 193/09]