Overview

The Airports (Protection of Airspace) Regulations 1996 were enacted to provide comprehensive protection of airspace around Australian airports, ensuring safety and efficiency of air navigation services. This regulatory instrument, issued by the Secretary of the Commonwealth Department of Infrastructure and Transport, specifically declares prescribed airspace for Brisbane Airport, identifying various surfaces above which the airspace is considered protected. These include the Obstacle Limitation Surfaces, Procedures for Air Navigation Systems Operations (PANS-OPS) Surfaces, Radar Lowest Sector Altitude (RLSALT) Surfaces, and Navigational Aids Protection Surfaces, as detailed in the respective schedules attached to the instrument. The overarching policy objective is to maintain the integrity and safety of the airspace by establishing clear boundaries that govern the permissible flight operations around critical areas near airports. This legislative framework ensures that aviation activities are conducted in a manner that does not compromise the safety and efficiency of air navigation services.

Scope and Application

The Airports (Protection of Airspace) Regulations 1996 applies to the airspace around Brisbane Airport, specifically designating certain areas as prescribed airspace. This airspace encompasses the regions above the Obstacle Limitation Surfaces, the Procedures for Air Navigation Systems Operations (PANS-OPS) Surfaces, the Radar Lowest Sector Altitude (RLSALT) Surfaces, and the Navigational Aids Protection Surfaces, as detailed in the schedules of the instrument. These regulations are enacted under the authority of the Secretary of the Commonwealth Department of Infrastructure and Transport, ensuring compliance with aviation safety standards and regulations. The geographic scope of this legislation is confined to the airspace around Brisbane Airport, thus affecting aviation operations, air traffic management, and potentially other entities operating within or near the designated airspace. The regulations do not specify exclusions, exemptions, or thresholds, but the application and enforcement of these airspace protections can be extended or detailed through subordinate instruments.

Key Provisions

The Airports (Protection of Airspace) Regulations 1996, specifically in Instrument No: AA-01/2013, establish the prescribed airspace for Brisbane Airport under section 5(1) of the regulations. This declaration identifies certain airspaces above specific surfaces as prescribed airspace (section 1). These include airspace above the Obstacle Limitation Surfaces (Schedule 1), Procedures for Air Navigation Systems Operations (PANS-OPS) Surfaces (Schedule 2), Radar Lowest Sector Altitude (RLSALT) Surfaces (Schedule 3), and Navigational Aids Protection Surfaces (Schedule 4). The declared airspaces are crucial for ensuring the safety and security of air navigation operations around Brisbane Airport. The obligations imposed by these regulations are primarily concerned with the protection and management of the airspace designated as prescribed. Entities, including aircraft operators, must adhere to the rules and guidelines governing the use of these airspaces to prevent any interference with air navigation services and ensure the safety of aircraft in flight. For example, the regulations may require that certain activities, such as the operation of drones or other unmanned aerial vehicles, are not conducted within the prescribed airspaces without proper authorisation (section 5). The regulations also mandate that all aircraft operating within or in proximity to the prescribed airspace must comply with air traffic control instructions and other relevant safety protocols. The Airports (Protection of Airspace) Regulations 1996 impose significant consequences for non-compliance with the declared airspace rules. Any person found to be in breach of these regulations may face civil or criminal penalties. The specific consequences depend on the nature and severity of the breach. For example, operating a drone within the prescribed airspace without authorisation could result in fines and potential criminal charges under section 8 of the Civil Aviation Act 1988. The maximum penalties for such offences can include substantial fines and imprisonment, reflecting the seriousness of compromising air navigation safety. Compliance is thus critical for all entities operating within or near the prescribed airspaces around Brisbane Airport.