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Project AS 12/45 - Post Implementation of the Airspace Regulations (2007)

Topic code: 
Airspace and Aerodromes
Project status: 
Closed

Closure notes

Project closed 21 August 2013.

Phase 1 of this project was completed on 9 August 2013 when the Amendment Regulation 2013 (No 1) came into effect.

Phase 2 involved applying for a Legislative Instruments Regulations exemption for the registration of Air routes made under Airspace Regulation 11 and 12. However, we ceased to legislate the permanent air routes on 30 May 2013. Phase 2 is therefore no longer required.

Issue

The Airspace Regulations require amendment to remove ambiguity, enable applicability in the operational environment and to cater for the needs of Australia's security authorities.

Without action, the validity of the delegation powers in use could be questioned, the validity of the application of the ARs to certain security scenarios could be questioned and complicated systems of legislative action will continue to be required to achieve simple safety outcomes operationally.

Project Objective

To make amendments to the Airspace Regulations in two (2) phases:

PHASE 1:

  1. Clarify the delegation powers:

    The Airspace Regulation delegation powers are unclear and require amendment to remove all doubt. Regulation 13 should make specific that the powers may be delegated to CASA airspace regulation officers and Military airspace regulation officers.
  2. Cater for the needs of Australia's Security Authorities:

    The Airspace Act (Part 1, Section 3) identifies certain matters that are to be taken into account to ensure that Australian-administered airspace is administered and used safely. This includes "national security". This term is insufficient to cover the various security needs that the OAR has been requested by the Government to enforce through the exercise of the Airspace Regulations. The changes made will remove any ambiguity.

PHASE 2:

  1. 1. Legislative Instruments Regulations Exemption

    An exemption is sought under the Legislative Instruments Regulations 2004, Schedule 1, Part 2 (1A) for designations/directions made under Regulation 11/12. Air Traffic Control (ATC) providers may describe air routes verbally if operationally required. The air routes which are legislated do not cover flex routes or those made verbally by ATC providers, and are therefore incomplete. Pilots may request any particular way of reaching a destination as ATC has the ability to approve this. Therefore, registering a small and incomplete set of air routes is of little value. Aviation maps show the common air routes in use and this is sufficient as a guide. The changes proposed are in accordance with ICAO Annexes, the Airspace Act and the Australian Airspace Policy Statement.

Rules affected

Airspace Regulations (2007)

Status

This project was approved by Rick Leeds, A/g Executive Manager Standards Division on 19 December 2012.

Project management

Project Leader: Graeme Rogers, Manager Operations, Office of Airspace Regulation

Project Sponsor/s: Peter Cromarty, Executive Manager Airspace and Aerodrome Regulation Group

Standards Officer/s: Grant Mazowita, Standards Development Branch

Project Priority

High

Documents

This Consultation Draft closed for comment 7 March 2013.

Airspace and Infrastructure Users Group (SCC)

Airspace and Infrastructure Users Group Sub-committee

History

Title Details Date
Consultation updates in 2013
Project AS 12/45 - Post Implementation of the Airspace Regulations (2007) This project is now closed

Refer to the project closure notes for further information.
21 Aug 2013
Consultation Draft for Post Implementation Review of Airspace Regulations 2007 This Consultation Draft closed for comment 7 March 2013. 12 Mar 2013
Consultation Draft for Post Implementation Review of Airspace Regulations 2007 All comments should be emailed to oar@casa.gov.au by close of business 7 March 2013. 20 Feb 2013
Project AS 12/45 - Post Implementation of the Airspace Regulations (2007) Project approved. 14 Jan 2013