Instrument of Declaration of Prescribed Airspace for Brisbane Airport 2025

Overview

The Airports (Protection of Airspace) Regulations 1996 were enacted to establish and protect the airspace around Australian airports, ensuring safe and efficient navigation of aircraft. These regulations were introduced to address the need for clear and enforceable guidelines to protect the airspace necessary for the operation of airports and to mitigate potential risks to aviation safety. The problem they were introduced to address included ensuring that airspace around airports was adequately protected to accommodate the increasing volume of air traffic and to maintain safety standards in line with international aviation requirements. The enacting body for these regulations is the Parliament of Australia, and the policy objective is to safeguard the integrity of airspace around airports, thereby enhancing aviation safety and efficiency. In 2025, Brendon Montgomery, Acting Director, Airport Regulatory Compliance, Airports Branch, Domestic Aviation and Reform Division, of the Commonwealth Department of Infrastructure, Transport, Regional Development, Communications and the Arts and delegate of the Secretary, declared specific airspace around Brisbane Airport as prescribed airspace. This declaration amends and replaces previous declarations to refine the airspace boundaries, ensuring they are tailored to the current and future operational needs of the airport. The policy objective of this amendment is to ensure that the protected airspace around Brisbane Airport remains appropriate and effective in supporting safe and efficient air navigation operations.

Scope and Application

The Airports (Protection of Airspace) Regulations 1996, as amended by the Instrument of Declaration of Prescribed Airspace for Brisbane Airport 2025, establish the scope and parameters of airspace protection around Brisbane Airport. This regulation applies to the airspace above several specified surfaces, including the Obstacle Limitation Surface, Procedures for Air Navigation Systems Operations Surface, Navigational Aid Surface, High Intensity Approach Lighting Surface, and Precision Approach Path Indicator Surface, as identified in the respective schedules of the instrument. The airspace declared under this instrument is intended to ensure the safety and efficiency of air navigation services at Brisbane Airport. The declaration is applicable nationally within the Commonwealth of Australia, with its jurisdictional reach extending to the airspace above the specified surfaces around Brisbane Airport. Notably, the instrument revokes the previous declaration of prescribed airspace for Brisbane Airport dated 19 April 2013 and amends the declaration dated 14 July 2017 by omitting certain surfaces and repealing specific schedules. The application and enforcement of these regulations can be further detailed or restricted through subordinate instruments, which may provide additional specifications or exemptions as necessary.

Key Provisions

The main operative sections of this Instrument of Declaration of Prescribed Airspace for Brisbane Airport 2025, declare the specified airspace above various identified surfaces as prescribed airspace for Brisbane Airport (subregulation 5(1)). This includes airspace above the Obstacle Limitation Surface (Schedule 1), Procedures for Air Navigation Systems Operations Surface (Schedule 2), Navigational Aid Surface (Schedule 3), High Intensity Approach Lighting Surface (Schedule 4), and the Precision Approach Path Indicator Surface (Schedule 5). It also amends the 2017 Declaration by omitting certain surfaces and repealing specific schedules from the previous declaration, and revokes the 2013 Declaration altogether. The obligations and requirements imposed by this Act pertain to the delineation and management of Brisbane Airport's airspace. It mandates that the airspace above the newly identified surfaces must be controlled and regulated to ensure safe air navigation and airport operations. This includes adherence to the regulations set out in the Airports (Protection of Airspace) Regulations 1996 and any other relevant aviation regulations. The Act also requires compliance with the schedules attached, which detail the specific surfaces and areas of airspace that are now considered prescribed airspace for Brisbane Airport. Any breaches of the regulations outlined in this Act can result in civil or criminal penalties. For instance, unauthorised intrusion into the prescribed airspace can lead to significant fines or imprisonment, depending on the severity and intent of the violation. The maximum penalties for such offences are stipulated in the Airports (Protection of Airspace) Regulations 1996, which may include fines of up to $100,000 for individuals and higher for corporations, as well as potential imprisonment terms. These consequences underscore the importance of strict adherence to the regulations designed to protect and manage the airspace around Brisbane Airport. In summary, this Instrument of Declaration establishes specific airspace boundaries for Brisbane Airport, updating and refining the airspace protections previously outlined. It imposes clear obligations on all parties involved in air navigation and airport operations to comply with the new airspace regulations. Failure to comply can result in severe civil or criminal penalties, reinforcing the necessity for adherence to the updated airspace management framework.