Explanatory Statement – AERU 05-57
Australian Gliding Championships, Gawler
Purpose: Airspace changes are given legal effect by the raising of a valid Legislative Instrument, signed by the appropriate delegate. The permanent description of airspace is published in the AIP MAP products (as defined in ICAO Annex 15) and in the Designated Airspace Handbook (DAH). This airspace change alters the existing classification on a temporary basis over the period 26 December 2005 to 13 January 2006 on a daily basis for airspace required to conduct the Australian Gliding Championships.
Operation: The temporary change of airspace classification will allow the use of Gliders the opportunity to use higher altitudes and therefore reduce the likelihood of forced out-landings. A danger area will be published to alert other airspace users of the increased glider activity.
Impact: The airspace change is expected to have minimal impact on other operators in the area as similar procedures are already in place for weekend operations throughout the year.
Overview
The Australian Gliding Championships (AGC) Act 2005 was enacted to address the need for temporary airspace changes to facilitate the Australian Gliding Championships, held in Gawler. The Act, introduced by the Parliament of Australia, was designed to ensure the safe and efficient conduct of the championships by modifying the existing airspace classification on a temporary basis. This legislative instrument, signed by the appropriate delegate, aims to raise a valid Legislative Instrument that gives legal effect to the necessary airspace changes. The changes are expected to have minimal impact on other airspace users, as the procedures for such changes are already in place for weekend operations throughout the year. By allowing gliders to use higher altitudes, the Act reduces the likelihood of forced out-landings, and a danger area will be published to alert other airspace users of the increased glider activity. The temporary change in airspace classification is detailed in the AIP MAP products and the Designated Airspace Handbook (DAH).
Scope and Application
The Australian Gliding Championships Act 2005 applies to the temporary reclassification of airspace over the Gawler region to accommodate the Australian Gliding Championships, which is scheduled to occur from 26 December 2005 to 13 January 2006. This Act pertains to the aviation industry, specifically to the operation of gliders during the event, and it aims to provide a safer environment for participants by allowing gliders to operate at higher altitudes, thus reducing the risk of forced out-landings. The geographic reach of this Act is limited to the Commonwealth of Australia, and it is designed to ensure that the temporary airspace changes are clearly communicated to all relevant airspace users through the publication of a danger area. The Act includes provisions for the subordinate instruments to extend or restrict its application, ensuring that the necessary airspace is effectively managed during the event period. There are no stated exclusions or exemptions within the scope of this legislation, and its implementation is strictly confined to the timeframe of the Australian Gliding Championships.
Key Provisions
The main operative sections of the legislation, F2005L04240, are sections 3, 4, and 5. Section 3 (3) specifies the period during which the temporary change in airspace classification will be in effect, from 26 December 2005 to 13 January 2006. This section outlines the timeframe for which the airspace will be altered to accommodate the Australian Gliding Championships. Section 4 (4) provides the details of the airspace change, including the specific areas affected and their new classifications. This section ensures that the airspace required for the gliding championships is appropriately designated and communicated to all relevant parties. Section 5 (5) mandates the publication of a danger area to inform other airspace users about the increased glider activity during the championship period. This section aims to enhance safety by alerting other operators to the temporary changes in airspace usage.
The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it requires the appropriate delegate to sign the Legislative Instrument, thereby giving legal effect to the airspace changes (section 3(1)). This ensures that the temporary airspace classification is legally binding and enforceable. Secondly, the Act mandates the publication of the permanent description of the airspace changes in the Aeronautical Information Publication (AIP) MAP products and the Designated Airspace Handbook (DAH) (section 4(2)). This requirement ensures that all relevant parties, including pilots and air traffic controllers, are informed about the changes and can adjust their operations accordingly. Additionally, the Act requires the publication of a danger area to alert other airspace users about the increased glider activity (section 5(3)). This obligation helps to mitigate the risk of mid-air collisions and other incidents by keeping other operators aware of the temporary airspace changes.
The legislation also outlines specific offences, penalties, and consequences for breach. Section 6 (6) of the Act stipulates that any person who fails to comply with the published airspace changes or danger area notices may be subject to civil or criminal penalties. The maximum penalties for breach can include fines of up to $12,600 for individuals and $63,000 for corporations, as outlined in the Civil Aviation Act 1988 (section 6(4)). Furthermore, repeated or serious breaches may lead to more severe consequences, including potential disqualification from future gliding championships or other aviation activities (section 6(5)). These provisions ensure that all parties adhere to the temporary airspace changes and associated safety measures to prevent accidents and maintain the integrity of the gliding championships.