CASA OAR 60/07 - Determination of airspace and controlled aerodromes etc

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Legislation au F2007L04401 Not in force Legislative Instrument

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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.

 

However, in the meantime, 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 technically responsible for the definitive description of Australian-administered airspace.

 

AA has published its DAH for the second half of 2007. This updated DAH contains some revision of the descriptions of relevant airspace information since the previous issue by AA in June 2007.

 

Consequently, it is necessary for CASA, under regulation 5 of the AsR 2007, to update the previous determinations, as issued by AA. This has been done by CASA issuing its own determinations of airspace dealing with flight information regions, flight information areas, airspace classifications, control zones and controlled aerodromes.

 

To facilitate the use, reference and handling of this information, CASA decided to consolidate what previously had been 11 separate instruments into 1 instrument.

 

Summary of the Determination

The determination revokes the following previous 11 instruments of determination and re-determines them in a single instrument with minor changes effective on, and from, 22 November 2007. The revoked instruments are:

 

AERU 07-61 — Determination of flight information regions;

AERU 07-62 — Determination of flight information areas;

AERU 07-63 — Determination of Class A airspace;

AERU 07-64 — Determination of Class C airspace;

AERU 07-65 — Determination of Class C control zones;

AERU 07-66 — Determination of Class D airspace;

AERU 07-67 — Determination of Class D control zones;

AERU 07-68 — Determination of Class E airspace;

AERU 07-69 — Determination of Class G airspace;

AERU 07-70 — Determination of general aviation aerodrome procedure (GAAP) control zones;

AERU 07-71 — Determination of controlled aerodromes.

 

Each of these instruments was made by a delegate of AA on 4 June 2007 under the Air Services Regulations 1995 (ASR 1995). This was before responsibility for the determinations was transferred from AA to CASA under the Act and the AsR 2007.

 

The effect of transitional provisions in subregulation 17 (1) of the AsR 2007, is that relevant airspace management instruments made by AA under the ASR 1995 continue to have effect as if they had been made by CASA under the AsR 2007. Under subregulation 17 (3) of the AsR 2007, they may also be revoked by CASA.

 

The determination also 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 Office of Airspace Regulation, 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 22 November 2007, the day it is published in the AIP DAH.

 

[CASA OAR 60/07 — Determination of airspace and controlled aerodromes etc]

Appendix 1

Details of determination of airspace and controlled aerodromes etc

 

Section 1 — Commencement

Under this section, the determination commences on 22 November 2007 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 11 determinations, now being consolidated into 1 determination, are 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:

 

Schedule

Areas, regions, zones or classifications

Schedule 1

Flight information regions

Schedule 2

Flight information areas

Schedule 3

Class A airspace

Schedule 4

Class C airspace

Schedule 5

Class C control zones

Schedule 6

Class D airspace

Schedule 7

Class D control zones

Schedule 8

Class E airspace

Schedule 9

Class G airspace

Schedule 10

GAAP control zones

Schedule 11

Controlled aerodromes

 

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 for 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 for 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 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 nil.

Overview

The Airspace Regulations 2007 were enacted to streamline and consolidate the regulation of Australian-administered airspace, addressing the need for a more efficient and cohesive regulatory framework. This regulation was introduced to facilitate the transition of airspace management responsibilities from Airservices Australia to the Civil Aviation Safety Authority (CASA), ensuring that the determination and classification of airspace and controlled aerodromes are managed under a unified regulatory instrument. The Australian Parliament enacted these regulations to provide CASA with the necessary powers to administer and regulate Australian airspace effectively. The policy objective of these regulations is to ensure the safe and efficient use of airspace by clearly defining the classifications and designations of airspace, air routes, and controlled aerodromes. The regulations empower CASA to make determinations regarding the classification of airspace, ensuring that the appropriate air traffic services are provided and that the varying requirements for different types of airspace and controlled aerodromes are met.

Scope and Application

The Airspace Regulations 2007, made under the Airspace Act 2007, provide the framework for the classification and designation of Australian-administered airspace and the determination of controlled aerodromes. These regulations confer functions and powers on the Civil Aviation Safety Authority (CASA) for the administration and regulation of Australian airspace, including the classification of airspace into various categories such as flight information regions, flight information areas, and specific classes (A, B, C, D, E, F, G). The regulations also detail the procedures for determining controlled aerodromes where air traffic control services are provided. The scope of the regulations extends to the entire Australian airspace, which includes the airspace over the Australian mainland, territorial seas, and other airspace allocated to Australia under the Chicago Convention. The regulations are applicable to all entities involved in air traffic, including aircraft operators, air traffic service providers, and other aviation stakeholders. While the primary focus is on the management and regulation of airspace and aerodromes, the regulations do not explicitly state any exclusions or exemptions. However, they do provide for the temporary reclassification of airspace and the conditions under which such reclassifications can occur. The regulations can be amended or extended through subordinate instruments, and they come into effect on the date of their publication in the Aeronautical Information Publication (AIP) or a Notice to Airmen (NOTAM). This consolidation of previously separate instruments into a single determination aims to streamline the management of Australian airspace and ensure consistency in its classification and regulation.

Key Provisions

The Airspace Regulations 2007 (AsR 2007) provide the framework for the classification and designation of Australian-administered airspace, including flight information areas, flight information regions, control zones, control areas, and the designation of controlled aerodromes. Subregulation 5(1) of the AsR 2007 allows the Civil Aviation Safety Authority (CASA) to make written determinations about the aviation status of airspace for which Australia has responsibility under the Chicago Convention. These determinations may include the classification of airspace into Classes A, B, C, D, E, F, or G, and the designation of aerodromes as controlled aerodromes. Subregulation 5(2) mandates that if a determination changes the classification of a volume of airspace, it must specify the date or conditions for the change. Subregulation 5(3) requires that such determinations take effect on or after the date of publication in the Aeronautical Information Publication (AIP) or a Notice to Airmen (NOTAM). A determination ceases to have effect unless sooner revoked, either at a specified time, event, or condition, or upon revocation by CASA. Importantly, a determination has no effect during any period when relevant air traffic services (ATS) are not provided. The AsR 2007 imposes several obligations on CASA and other entities. CASA is responsible for conducting regular reviews of the classifications of Australian-administered airspace to ensure their appropriateness, as per subsection 13(1) of the Airspace Act 2007. CASA must also update the previous airspace determinations issued by Airservices Australia (AA) to reflect any changes. This involves issuing new determinations that consolidate previously separate instruments into a single instrument. CASA must ensure that airspace users are consulted about any proposed changes, taking their representations into account. Furthermore, CASA must ensure that the new determinations are published in the AIP to ensure they take effect as required by subregulation 5(3) of the AsR 2007. Transitional provisions in subregulation 17(1) of the AsR 2007 ensure that airspace management instruments made by AA under the Air Services Regulations 1995 continue to have effect as if made by CASA under the AsR 2007. Breaches of the AsR 2007 can lead to significant consequences. While the regulations themselves do not specify criminal offences or penalties, failure to comply with CASA determinations could potentially result in civil penalties under other related aviation legislation. Non-compliance with airspace classifications and controlled aerodrome designations could also lead to safety risks, resulting in enforcement actions by CASA. The determinations are legislative instruments subject to the Legislative Instruments Act 2003, which mandates their registration and tabling in Parliament, although they are exempt from disallowance and sunsetting provisions. In summary, the Airspace Regulations 2007 empower CASA to make determinations regarding the classification and designation of Australian-administered airspace. These determinations must be made in writing, specified in the AIP or NOTAM, and take effect as required. CASA has obligations to review and update airspace classifications, consult with airspace users, and ensure determinations are properly published. Breaches of these regulations can lead to safety risks and potential enforcement actions by CASA.

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Area of Law
Environmental Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Classification and Designation of Airspace
Controlled Aerodromes
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.