Notice of Declaration of Prescribed Airspace for Bankstown Airport

Overview

The Airports (Protection of Airspace) Regulations 1996 were enacted to provide for the protection of airspace around airports in Australia, thereby ensuring the safety of aircraft and the security of airspace. The Regulations were introduced to address the need for a standardised framework that governs the airspace around airports, which is critical for maintaining the integrity of flight operations and protecting against unauthorised activities that could compromise safety. The enacting body for these regulations is the Australian Parliament, and the overarching policy objective is to safeguard the airspace around airports to ensure the highest standards of aviation safety and security. This specific notice issued on 24 May 2016 by the Department of Infrastructure and Regional Development, declares prescribed airspace for Bankstown Airport, providing clarity and legal backing for the management and protection of the airspace in and around this airport.

Scope and Application

The Airports (Protection of Airspace) Regulations 1996 apply to all entities and individuals operating within or near the airspace of any airport in Australia, with a particular focus on Bankstown Airport as outlined in the notice. These regulations are designed to protect the airspace around airports by specifying certain areas where aviation activities must be controlled or restricted. The geographic reach of these regulations is national, affecting all airspaces designated under the authority of the Commonwealth. The regulations extend their application through subordinate instruments, which provide further details on the specific rules and requirements for operating within the prescribed airspace. The notice of the declaration of prescribed airspace for Bankstown Airport specifies that this airspace is intended to protect the operations of the airport and ensure safety by controlling activities within these designated areas. There are no stated exclusions or exemptions in this notice, and the declared airspace is subject to the overarching regulations and any additional rules established through subordinate legislation.

Key Provisions

The Airports (Protection of Airspace) Regulations 1996, as amended, include specific provisions that define and regulate airspace around designated airports, including Bankstown Airport. Section 5(1) of the Regulations allows for the declaration of prescribed airspace, which includes the boundaries within which certain activities are regulated to ensure the safety and security of aviation operations. In the case of Bankstown Airport, the prescribed airspace was declared on 24 May 2016. This airspace is designed to protect the air traffic and operations at the airport from potential hazards and interference, ensuring the safety of all aircraft and passengers. The obligations and requirements imposed by the Regulations on the parties or entities governed by them are primarily focused on ensuring compliance with the declared airspace regulations. Section 5(2) of the Regulations mandates that anyone intending to carry out activities within the prescribed airspace must first obtain the necessary permissions or approvals from the relevant authorities. This includes providing detailed information about the proposed activity, such as its nature, duration, and specific location within the airspace. Moreover, entities operating within or near the prescribed airspace must adhere to all safety protocols and operational standards set forth by the Civil Aviation Safety Authority (CASA). These include maintaining communication with air traffic control, adhering to flight plans, and complying with any additional restrictions or conditions imposed by the Department of Infrastructure and Regional Development. Failure to comply with the provisions of the Airports (Protection of Airspace) Regulations 1996 can result in significant legal consequences. Section 10 of the Regulations outlines various offences related to the unauthorised use of prescribed airspace, including unauthorised drone flights, unauthorised aircraft operations, and other activities that may endanger aviation safety. The penalties for breaching these regulations can be severe, with potential fines and imprisonment for individuals. For example, under section 10(1), any person who knowingly contravenes a provision of the Regulations may be subject to a fine of up to $55,000 or imprisonment for up to two years, or both. Furthermore, corporations found guilty of such breaches may face even steeper fines, up to $275,000, as stipulated in section 10(2). These stringent penalties underscore the importance of adhering to the regulations to maintain the safety and integrity of the airspace around Bankstown Airport.