5Declaration as to preservation of airspace

#### 5 Declaration as to preservation of airspace (1) The Secretary may declare, in writing, that specified airspace around an airport should, in the interests of the safety, efficiency or regularity of future air transport operations into or out of the airport, be prescribed airspace. (2) In making a declaration under this regulation, the Secretary must have regard to: (a) if there is a final master plan for the airport—any changes to the OLS and PANS‑OPS surfaces for the airport proposed in the final master plan; and (b) any advice from CASA on the matter; and (c) any other matters the Secretary considers relevant. (3) A declaration must specify the lower boundary of the airspace that should be prescribed. (4) A declaration under this regulation must be notified in the Gazette.