Explanatory Statement
Airspace Regulations 2007
Designation of air routes
Determination of conditions for use of air routes
Section 15 of the Airspace Act 2007 (the Act) provides that the Governor-General may make regulations for the Act.
Under subsection 11 (1), regulations may confer functions and powers on CASA in connection with the administration and regulation of Australian-administered airspace.
Under paragraph 11 (2) (e), regulations may make provision for, and in relation to, the designation of air routes and airways in Australian-administered airspace, and the conditions of use of a designated air route or airway.
Legislation
Under subregulation 11 (1) of the Airspace Regulations 2007 (the AsR 2007), CASA may, in writing, designate air routes and airways in Australian-administered airspace.
Under subregulation 11 (2) of the AsR 2007, CASA may determine the conditions that apply to the use of a designated air route or airway.
Under subregulation 11 (3), a designation or determination must be made to take effect on, or after, the day on which the designation or determination is published in the AIP or a NOTAM.
Background
Under regulation 11 of the AsR 2007, CASA may make determinations of air routes.
An air route is a specified route between 2 points, the purpose of which is to channel the flow of air traffic to facilitate the provision of air traffic services.
The definitive description of air routes in 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 navigable segments of the air routes in Australian-administered airspace. By the use of codes, prefixes and legends the conditions applying for particular air routes are indicated.
On 1 July 2007, CASA took over from Air Services Australia responsibility for the regulation of Australian airspace. Nevertheless, AA remains technically responsible for the definitive description of air routes in Australian-administered airspace.
AA has published its DAH for the second half of 2007. This updated DAH contains some revision of the descriptions of air routes since the previous issue by AA in June 2007.
Consequently, it is necessary for CASA, under regulation 11 of the AsR 2007, to update the previous determinations, as issued by AA. This has been done by CASA issuing its own determination of air routes.
Summary of the Determination
The instrument revokes the previous instrument of designation of air routes, namely AERU 07-72 — Designation of air routes, and redesignates them with minor changes effective on, and from, 22 November 2007.
That instrument 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 new instrument of designation designates the relevant air routes by reference to navigable segments.
Details of the determination
More details of the designation 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 designation, by revoking and remaking in altered form, the existing air routes designation 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 designation 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 formally 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 designation 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 11 (2) of the AsR 2007, following registration the designation commences on 22 November 2007, the day it is published in the AIP DAH.
[CASA OAR 62/07 — Designation of air routes]
Appendix 1
Details of designation of air routes
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 11 (3) of the Airspace Regulations 2007.
Section 2 — Revocation
Under this section, the previous designation instrument is revoked.
Section 3 — Designation of air routes
Under this section, the CASA delegate designates the relevant air routes by describing them in Schedule 2 of the instrument. The Schedule replicates the original data in the AIP DAH.
Section 4 — Determination of conditions for use of air routes
This section has the effect of imposing as conditions on the use of an air route, the restrictions and limitations used for the air route, as explained by the codes, prefixes and limitations mentioned in Schedule 1. The route codes, prefixes and legends in Schedule 1 replicate the original data in the AIP DAH.
Schedule 1 — Route legends
This Schedule describes the codes, prefixes and legends which, in effect, decode the air route descriptions in Schedule 2. Interpreted in light of the codes, prefixes and legends, the conditions and restrictions on each air route become evident.
Schedule 2 — Air routes
This Schedule describes the air routes, and, using codes, prefixes and legends, indicates the restrictions and limitations that apply to the use of a designated air route. The effect of the designation is that pilots and air traffic controllers are assisted in identifying navigable airspace between 2 points for the application of flight rules.
The impact on the new designation of air routes is expected to be negligible as most of the air routes are already in use. In any case, 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. Air traffic control may, therefore, describe any route by reference to its segments if required for any particular flight regardless of the existence of a designated route.