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CASA OAR 090/11 — Determination of airspace and controlled aerodromes etc Amendment Instrument (No. 1) 2011

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Instrument number CASA OAR 090/11
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
15 June 2011
Determination of airspace and controlled aerodromes etc Amendment Instrument (No. 1) 2011
1          Name of instrument
                 This instrument is the Determination of airspace and controlled aerodromes etc Amendment Instrument (No. 1) 2011.
2          Commencement
                 This instrument commences on 15 June 2011.
Note   The instrument was published in the AIP. The instrument is a legislative instrument and it was registered before it commenced.
3          Determination of airspace and controlled aerodromes etc
                 Schedule 1 amends the Determination of airspace and controlled aerodromes etc.
Note   The Determination of airspace and controlled aerodromes etc is contained in CASA OAR 078/11.
Schedule 1          Amendment
[1]        After section 5
insert
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.