CASA OAR 078/12 - Determination of airspace and controlled aerodromes etc

Link to law: https://www.comlaw.gov.au/Details/F2012L01286

Instrument number CASA OAR 078/12
I, Malcolm Douglas mcGregor, Acting Executive Manager, Airspace and Aerodrome Regulation Division, a delegate of CASA, make this instrument under regulation 5 of the Airspace Regulations 2007.
[Signed M. McGregor]
Malcolm D. McGregor
Acting Executive Manager
Airspace and Aerodrome Regulation Division
18 June 2012
Determination of airspace and controlled aerodromes etc
1          Commencement
                 This instrument commences on 28 June 2012.
Note   The instrument was published in the AIP Designated Airspace Handbook on 28 June 2012. The instrument is also a legislative instrument and it was registered before it commenced.
2          Revocation
                 Instrument CASA OAR 152/11 is revoked.
3          Definitions
                 In this instrument:
                 AIP includes a NOTAM.
                 Controlling Authority for a volume of airspace, or part of a volume of airspace, mentioned in a Schedule, means one of the following:
(a)   subject to paragraph (b) and (c), the Controlling Authority mentioned in the Schedule for the volume of airspace, including any part of the volume of airspace;
(b)   for Schedule 2, 3, 4 or 5, where the Controlling Authority mentioned in the Schedule for the volume of airspace, or part of the volume of airspace, is not the Department of Defence – RAAF (the RAAF) — the RAAF by agreement between the RAAF and Airservices Australia (AA) as expressed in acceptance by the RAAF of a voice telecommunication from AA releasing the airspace, or part of the airspace, to the RAAF;
(c)   for Schedule 2 or 5, where the Controlling Authority mentioned in the Schedule for the volume of airspace, or part of the volume of airspace, is not AA — AA by agreement between AA and the RAAF as expressed in acceptance by AA of a voice telecommunication from the RAAF releasing the airspace, or part of the airspace, to AA.
Note   Releases are strictly in accordance with written procedures established by AA and the RAAF.
                 hours of activity means the hours during which:
(a)   the air traffic control service for a volume of airspace remains available; and
(b)   the volume of airspace retains its initial classification.
                 initial classification has the meaning given in subsection 5 (1).
4          Determinations of airspace and controlled aerodromes etc
        (1)     I determine that the volumes of airspace described in a Schedule listed in the following table (the Table) are the areas, regions or zones, or have the airspace classifications (in accordance with Annex 11 to the Chicago Convention), mentioned in the Table for the Schedule, in accordance with the details for each volume of airspace set out in the Schedule.

Schedule
Areas, regions, zones or classifications

Schedule 1
Flight information regions

Schedule 2
Flight information areas

Schedule 3
Class A airspace

Schedule 4
Class C airspace

Schedule 5
Class C control zones

Schedule 6
Class D airspace

Schedule 7
Class D control zones

Schedule 8
Class E airspace

Schedule 9
Class G airspace

Schedule 10
Controlled aerodromes

 
        (2)     I determine that the aerodromes mentioned in Schedule 10 are controlled aerodromes.
        (3)     Subject to sections 5, 6 and 7, each of the determinations under this section ceases to have effect only if this instrument is:
(a)   revoked; or
(b)   amended, and then only in accordance with the amendment.
5          Determination that airspace of a class becomes airspace of another class
        (1)     I determine that a volume of airspace, described in Schedule 3, 4, 5, 6, 7, 8 or 9 (a classification Schedule) as being of the class mentioned for it in the Table in section 4 (initial classification), temporarily ceases to be airspace of that class and becomes airspace of another specified class in accordance with the condition mentioned in subsection (2).
        (2)     Subject to subsection (3), a volume of airspace with an initial classification as described in a classification Schedule ceases to be airspace of that class and becomes airspace of another specified class:
(a)   outside the hours of activity specified in the AIP or a NOTAM that I have authorised in writing; or
(b)   if the air traffic control service for the volume of airspace has been suspended or has ceased functioning in accordance with a NOTAM that I have authorised in writing.
        (3)     A volume of airspace to which subsection (2) applies does not become airspace of another specified class if, at the time it would otherwise become such airspace:
(a)   Airservices Australia (AA) continues temporarily to control the airspace under its initial classification (an extension of time); and
(b)   such control is necessary for aircraft separation or other operational reasons.
        (4)     For subsection (3), the volume of airspace becomes airspace of another specified class when the extension of time ends.
        (5)     The determination in subsection (1) ceases to have effect only if this instrument is:
(a)   revoked; or
(b)   amended, and then only in accordance with the amendment.
6          Emergency determination that airspace of a class becomes airspace of another class
        (1)     I determine that a volume of airspace, described in Schedule 3, 4, 5, 6, 7, 8 or 9 (a classification Schedule) as being of the class mentioned for it in the Table in section 4 (initial classification), temporarily ceases to be airspace of that class and becomes airspace of another specified class in accordance with the condition mentioned in subsection (2).
        (2)     A volume of airspace with an initial classification as described in a classification Schedule ceases to be airspace of that class and temporarily becomes airspace of another specified class (the new class) if hours of activity for the new class are specified in a NOTAM that is authorised in writing by me.
        (3)     An authorisation may only be given on the grounds that emergency or other conditions affecting, or that are likely to affect, the relevant airspace make the temporary reclassification of that airspace necessary or prudent in the interests of aviation safety.
        (4)     An authorisation mentioned in subsections (2) and (3) must include my determination that the grounds mentioned in subsection (3) exist.
        (5)     An authorisation mentioned in subsections (2) and (3) may not remain in force for longer that 7 days but may be renewed in accordance with this section.
        (6)     The determination in subsection (1) ceases to have effect only if this instrument is:
(a)   revoked; or
(b)   amended, and then only in accordance with the amendment.
7          Determination for voice deactivation of Class C Control Zones
        (1)     Subject to this section, I determine that a volume of airspace described in Schedule 5 as a Class C Control Zone, temporarily ceases to be a Class C Control Zone and becomes airspace of another specified class if:
(a)   the details for the Control Zone set out in Schedule 5 provide for its activation in accordance with an hours of activity statement that is a NOTAM (an activating NOTAM); and
(b)   the activating NOTAM specifies a finish time for the activation (the specified finish time); and
(c)   the Controlling Authority for the Control Zone uses voice telecommunication to a receiving air traffic control (ATC) authority to deactivate the Control Zone earlier than the specified finish time (early deactivation) in accordance with subsection (2).
Note   Activation times specified in a NOTAM are in UTC unless otherwise indicated.
        (2)     Early deactivation may only be carried out if the activity for which the activating NOTAM was published has been completed or otherwise terminated.
        (3)     Early deactivation may not occur earlier than 60 minutes before the specified finish time unless an amending NOTAM is issued.
        (4)     To avoid doubt, the period of activation of a Control Zone activated by NOTAM may not be extended by voice telecommunication past the specified finish time.
Note 1   For an early deactivation within the 60 minutes before the specified finish time, an amending NOTAM is NOT required.
Note 2   For an early deactivation that is earlier than 60 minutes before the specified finish time, an amending NOTAM IS required.
Note 3   For an extension to the specified finish time, an amending NOTAM IS required.
Note 4   A pro forma for an activating NOTAM follows:
Reference/year NOTAMN
A) [Insert details]
B) [Insert start time specified in UTC]
C) [Insert finish time specified in UTC]
D) [Insert periods of activity details]
E) [Insert details of Control Zone, including the following statement:
“active; however may be subject to early deactivation. Check status with [insert details of ATC authority].”]
Note   This instrument is CASA OAR 078/12 – Determination of airspace and controlled aerodromes etc to commence on 28 June 2012.
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