The Regulations give CASA authority to create, change and publish how Australian‑administered airspace is organised and used (classes, routes, control zones, prohibited/restricted/danger/training areas) and to publish what air traffic services will be provided. Instruments take effect when published (AIP/NOTAM). CASA can require documents, delegate powers, and enforce compliance with penalties. The rules mainly affect pilots, operators, aerodrome operators and service providers, who must follow published conditions and supply information.
This instrument establishes the regulatory framework by which the Civil Aviation Safety Authority (CASA) manages Australian‑administered airspace. Mechanically it:
Confers powers on CASA to determine, declare or designate types and volumes of airspace (flight information areas/regions, control areas/zones, classified airspace, controlled aerodromes) and to declare special use airspace (prohibited, restricted and danger areas) (regulation 5; regulation 6).
Requires publication in the Aeronautical Information Publication (AIP) or by NOTAM (Notice to Airmen) before determinations, declarations and many designations take effect, and prescribes the content required in those publications (regulations 5(3), 6(6), 7, 8(4)-(6), 11(3), 12(2)).
Enables CASA to designate flying training areas and to set the conditions for designated air routes and airways, and to give directions about the use of routes, airways and associated facilities (regulations 8, 11, 12).
Requires CASA to publish details of the air traffic services to be provided (and permits CASA to make determinations that services will be at variance with Annex 11 of the Chicago Convention for restricted or danger areas), and to publish notices when air traffic services will be unavailable (regulations 9, 10).
Provides CASA with information‑gathering powers requiring operators, owners and service providers to produce documentation on notice within 28 days, enforceable by a 50 penalty unit sanction and strict liability (regulation 14).
Sets offence provisions against contravening or failing to comply with requirements or conditions of instruments made under the Part, with penalties of 50 penalty units and strict liability (regulation 16).
Enables delegation of CASA’s functions and powers under specified provisions to CASA staff, approved providers of air traffic services (ATS), personnel of approved providers and, for some functions, to senior CASA staff (regulation 13).
Current sections
Direct links to the current provisions in Airspace Regulations 2007.
21
Part 1
Preliminary
Part 1—Preliminary
1
Name of Regulations
1 Name of Regulations
These Regulations are the Airspace Regulations 2007.
3
Definitions
3 Definitions
In these Regulations:
Act means the Airspace Act 2007.
aerodrome has the same meaning as in section 3 of the Civil Aviation Act 1988.
aerodrome operator means a person, organisation or enterprise engaged in, or offering to engage in, the operation of an aerodrome.
AIP (short for Aeronautical Information Publication) has the same meaning as in the Air Services Regulations 2019.
aircraft has the same meaning as in section 3 of the Civil Aviation Act 1988.
aircraft operator, in relation to an aircraft, means a person, organisation or enterprise engaged in, or offering to engage in, the operation of the aircraft.
air traffic services has the same meaning as in the Air Services Regulations 2019.
Australian territory has the same meaning as in subsection 3(1) of the Air Services Act 1995.
class, in relation to airspace, means a classification applied to airspace under paragraph 5(1)(d).
control area means airspace to which a determination under paragraph 5(1)(c) applies.
controlled aerodrome means an aerodrome to which a determination under paragraph 5(1)(e) applies.
control zone means airspace to which a determination under paragraph 5(1)(b) applies.
danger area means an area declared to be a danger area under regulation 6.
designated air route means an air route designated under regulation 11.
designated airway means an airway designated under regulation 11.
facilities, in relation to a designated air route or designated airway, means services and aids used to facilitate the safe navigation of aircraft within the airspace of the air route or airway, including:
(a) visual and non‑visual aids along the air route or airway; and
(b) visual and non‑visual aids to approaching and landing at an aerodrome; and
(c) communications services; and
(d) meteorological services; and
(e) air traffic services.
flight has the same meaning as in the Civil Aviation Act 1988.
flight information area means airspace to which a determination under subparagraph 5(1)(a)(i) applies.
flight information region means airspace to which a determination under subparagraph 5(1)(a)(ii) applies.
flying training area means an area designated under regulation 8 to be a flying training area.
ICAO means the International Civil Aviation Organization referred to in the Chicago Convention.
military operating area means a type of danger area mentioned in paragraph 6(5C)(a).
NOTAM (short for Notice to Airmen) has the same meaning as in the Air Services Regulations 2019.
prohibited area means an area declared to be a prohibited area under regulation 6.
restricted area means an area declared to be a restricted area under regulation 6.
volume, in relation to airspace, means a volume of airspace defined by reference to specified horizontal and vertical points.
Note: Annex 11 of the Chicago Convention defines the following terms:
Note: Aerodrome. A defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft.
Note: Air traffic service. A generic term meaning variously, flight information service, alerting service, air traffic advisory service, air traffic control service (area control service, approach control service or aerodrome control service).
Note: Alerting service. A service provided to notify appropriate organizations regarding aircraft in need of search and rescue aid, and assist such organizations as required.
Note: Controlled aerodrome. An aerodrome at which air traffic control service is provided to aerodrome traffic.
Note: (Note.—The term “controlled aerodrome” indicates that air traffic control service is provided to aerodrome traffic but does not necessarily imply that a control zone exists.)
Note: Flight information region. An airspace of defined dimensions within which flight information service and alerting service are provided.
Note: Flight information service. A service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights.
Part 2
Airspace management
Part 2—Airspace management
4
Purpose of Part 2
4 Purpose of Part 2
The provisions of this Part are for the purpose of enabling CASA to perform the functions and exercise the powers in connection with the administration and regulation of Australian‑administered airspace.
5
Determination of airspace and controlled aerodromes etc
5 Determination of airspace and controlled aerodromes etc
(1) CASA may, in writing, make a determination on any of the following matters:
(a) that a volume of airspace is:
(i) a flight information area; or
(ii) a flight information region;
(b) that a volume of airspace extending upwards from ground or water to a specified altitude is a control zone;
(c) that a volume of airspace extending upwards from a specified altitude is a control area;
(d) that a volume of airspace is airspace classified, in accordance with Annex 11 to the Chicago Convention, as Class A, B, C, D, E, F or G;
(e) that an aerodrome is a controlled aerodrome.
(2) If a determination under paragraph (1)(d) provides that a volume of airspace of a specified class ceases to be airspace of that class and becomes airspace of another specified class, the determination must specify:
(a) one or more of the following:
(i) the dates or days on which the airspace is determined to be of a particular class;
(ii) the times when the airspace is determined to be of a particular class;
(iii) the class of the airspace on all other dates or days, and times, other than those specified under subparagraph (i) or (ii); or
(b) the conditions under which the volume of airspace of the specified class ceases to be airspace of that class and becomes airspace of another specified class.
(3) A determination made under this regulation must be made to take effect on, or after, the day on which the determination is published in the AIP or a NOTAM.
(4) Unless sooner revoked, a determination ceases to have effect:
(a) on the day, or on the day and time, specified in the determination; or
(b) on the day, or on the day and time, of the occurrence of an event specified in the determination; or
(c) in the circumstances specified in the determination.
(5) However, a determination in respect of:
(a) a flight information area or a flight information region; or
(b) a control area or a control zone; or
(c) airspace of any class; or
(d) a controlled aerodrome;
has no effect during any period in which relevant air traffic services are not provided.
Note: A determination made under this regulation is not subject to disallowance under section 42 of the Legislation Act 2003 (see regulations made for the purposes of paragraph 44(2)(b) of that Act).
6
Designation of prohibited, restricted or danger areas
6 Designation of prohibited, restricted or danger areas
Prohibited areas and restricted areas
(1) CASA may, in writing, make a declaration designating an area of Australian territory to be a prohibited area or a restricted area.
Note: Airspace of a prohibited or restricted area is a type of special use airspace.
(2) CASA must not declare an area to be a prohibited area unless, in the opinion of CASA, it is necessary for reasons of military necessity to prohibit the flight of aircraft over the area.
(3) CASA must not declare an area to be a restricted area unless, in the opinion of CASA, it is necessary to restrict the flight of aircraft over the area to aircraft flown in accordance with specified conditions in the interests of any of the following:
(a) public safety, including the safety of aircraft in flight;
(b) the protection of the environment;
(c) national security.
(5) A declaration made under subregulation (1):
(a) must specify an area by reference to its boundaries; and
(b) may specify the boundaries of an area to extend to a volume of airspace.
Danger areas
(5A) CASA may, in writing, make a declaration designating a volume of Australian‑administered airspace to be a danger area.
Note: A danger area is a type of special use airspace.
(5B) CASA must not declare a volume of airspace to be a danger area unless, in the opinion of CASA, activities dangerous to the flight of aircraft may exist in the area at specified times.
(5C) A declaration made under subregulation (5A) may designate a volume of airspace as:
(a) a type of danger area known as a military operating area, as specified in the declaration; or
(b) another type of danger area, as specified in the declaration; or
(c) a danger area of an unspecified type.
(5D) If paragraph (5C)(a) or (b) applies, the declaration may (subject to subregulation (5E)):
(a) impose conditions on the flight of aircraft in the area; and
(b) specify conditions and classes of aircraft for the purposes of paragraph (a) of this subregulation.
(5E) Conditions on the flight of aircraft in so much of the area as is outside Australian territory may only be imposed in relation to Australian aircraft.
(5F) A declaration made under subregulation (5A) must specify a volume of airspace by reference to its horizontal and vertical points.
Declarations made under this regulation
(6) A declaration made under this regulation does not take effect until published in accordance with regulation 7.
(7) Unless sooner revoked, a declaration ceases to have effect:
(a) on the day, or on the day and time, specified in the declaration; or
(b) on the day, or on the day and time, of the occurrence of an event specified in the declaration; or
(c) in the circumstances specified in the declaration.
Note: A declaration made under this regulation is not a legislative instrument (see paragraph (a) of item 1 of the table in section 7 of the Legislation (Exemptions and Other Matters) Regulation 2015).
7
Publication etc. of a designation
7 Publication etc. of a designation
(1) CASA must cause a declaration designating an area to be a prohibited area, a restricted area or a danger area to be published:
(a) if the declaration is to have effect for a period of 3 months or longer—in the AIP; or
(b) in any other case—in a NOTAM.
(2) Publication of a declaration of a restricted area must set out the conditions in accordance with which the flight of aircraft over the area is permitted.
(3) Publication of a declaration of a danger area must contain sufficient information about the nature of the danger to enable the pilot in command of an aircraft to take adequate precautions.
(3A) A declaration of a danger area that, in accordance with paragraph 6(5C)(a) or (b), specifies the area to be a military operating area or another type of area, must set out the conditions in accordance with which the flight of aircraft in the area is permitted.
Note: Consistent with Australia’s international obligations, conditions on the flight of aircraft in so much of the area as is outside Australian territory may only be imposed in relation to Australian aircraft.
(4) If a declaration of a prohibited area or restricted area is to have effect for a period of 3 months or longer, CASA must, as soon as practicable, notify ICAO and its member States of:
(a) the declaration of the area; and
(b) the location and boundaries of the area.
8
Designation of flying training areas
8 Designation of flying training areas
(1) CASA may, in writing, designate an area as a flying training area.
(2) CASA must not designate an area as a flying training area unless, in the opinion of CASA, there exists within or over the area flying training activity that is a potential danger to aircraft flying over the area.
(3) A designation:
(a) must specify an area by reference to its boundaries; and
(b) may specify the boundaries of a volume of airspace above that area to which the designation applies.
(4) A designation made under this regulation must be made to take effect on, or after, the day on which the designation is published in accordance with subregulation (6).
(5) Unless sooner revoked, a designation ceases to have effect:
(a) on the day, or on the day and time, specified in the designation; or
(b) on the day, or on the day and time, of the occurrence of an event specified in the designation; or
(c) in the circumstances specified in the designation.
(6) CASA must cause a designation of a flying training area to be published:
(a) if the designation is to have effect for a period of 3 months or longer—in the AIP; or
(b) in any other case—in a NOTAM.
Note: A designation made under this regulation is not subject to disallowance under section 42 of the Legislation Act 2003 (see regulations made for the purposes of paragraph 44(2)(b) of that Act).
9
Particulars of air traffic services
9 Particulars of air traffic services
(1) CASA must cause to be published, in the AIP or a NOTAM, details of the air traffic services that are to be provided, in accordance with Annex 11 to the Chicago Convention, for:
(a) a flight information area or a flight information region; or
(b) a control area or a control zone; or
(c) airspace of any class; or
(d) a controlled aerodrome;
including details of the manner in which the services are to be provided.
(2) CASA may make a determination that the air traffic services to be provided for the following airspace are services that are at variance with air traffic services that would otherwise be provided for the airspace in accordance with Annex 11 to the Chicago Convention:
(a) airspace above an area of Australian territory declared under subregulation 6(1) to be a restricted area;
(b) a volume of airspace declared under subregulation 6(5A) to be a danger area.
Note: A determination made under this subregulation is not a legislative instrument (see paragraph (b) of item 1 of the table in section 7 of the Legislation (Exemptions and Other Matters) Regulation 2015).
(3) CASA must cause details of air traffic services provided under subregulation (2) to be published in the AIP or a NOTAM.
10
Notice of unavailability of air traffic services
10 Notice of unavailability of air traffic services
(1) If CASA is aware of any period during which air traffic services are not to be provided for:
(a) a flight information area or a flight information region; or
(b) a control area or a control zone; or
(c) airspace of any class; or
(d) a controlled aerodrome;
CASA must cause a notice, giving details of the unavailability of the services, to be published in the AIP or a NOTAM.
(2) A notice giving details of the unavailability of air traffic services need not be published if it is not practicable to do so.
11
Designation of air routes and airways
11 Designation of air routes and airways
(1) CASA may, in writing, designate air routes and airways in Australian‑administered airspace.
(2) CASA may, in writing, determine the conditions that apply to the use of a designated air route or airway.
(3) A designation or determination made under this regulation must be made to take effect on, or after, the day on which the designation or determination is published in the AIP or a NOTAM.
Note: A designation or determination made under this regulation is not subject to disallowance under section 42 of the Legislation Act 2003 (see regulations made for the purposes of paragraph 44(2)(b) of that Act).
12
Directions relating to air routes, airways and facilities
12 Directions relating to air routes, airways and facilities
(1) CASA may, in writing, give directions in connection with the use or operation of:
(a) a designated air route or airway; or
(b) air route or airway facilities.
(2) A direction made under this regulation must be made to take effect on, or after, the day on which the direction is published in the AIP or a NOTAM.
Note: A direction given under this regulation is not subject to disallowance under section 42 of the Legislation Act 2003 (see regulations made for the purposes of paragraph 44(2)(b) of that Act).
13
Delegation
13 Delegation
(1) CASA may, in writing, delegate to a person mentioned in subregulation (1A) any functions or powers under regulation 6, 7, 10, 11 or 12.
(1A) For subregulation (1), the person is any of the following:
(a) a member of the staff of CASA;
(b) an approved provider of air traffic services;
(c) a member of the personnel of an approved provider of air traffic services.
(1B) CASA may, in writing, delegate to a member of the staff of CASA holding or performing the duties of a position equivalent to, or higher than, an Executive Level 1 position, any functions or powers under regulation 5 or 8, subregulation 9(2) or regulation 14.
(2) A delegation under this regulation is subject to the same conditions and obligations to which the performance of the function or the exercise of the power by CASA would be subject if CASA performed the function or exercised the power.
(3) In this regulation:
approved provider of air traffic services means either of the following:
(a) an ATS provider within the meaning of regulation 172.015 of the Civil Aviation Safety Regulations 1998;
(b) the Australian Defence Force.
14
Obtaining information
14 Obtaining information
(1) Subject to subregulation (2), CASA may, by written notice, require:
(a) the operator of an aerodrome; or
(b) the owner of an aircraft; or
(c) the aircraft operator; or
(d) the provider of air traffic services;
to give to CASA, or a person specified in the notice, information or documentation specified in the notice.
(2) CASA may require information or documentation to be given only if the information or documentation specified in the notice:
(a) is in the possession, custody or control of the operator, owner or provider; and
(b) is reasonably necessary to allow CASA to conduct regular reviews under section 13 of the Act and regulation 15.
(3) An operator, owner or provider that has been served with a notice under this regulation must comply with the notice within 28 days after the date of service.
Penalty: 50 penalty units.
Note: Section 28A of the Acts Interpretation Act 1901 deals with the ways a document may be served.
(4) An offence under subregulation (3) is an offence of strict liability.
15
Review of instruments
15 Review of instruments
(1) This regulation applies to the following instruments:
(a) a declaration, designation, determination or direction made under this Part;
(b) an instrument continued in effect by subregulation 17(1);
(c) an instrument mentioned in subregulation 17(3) in respect of which CASA has exercised a power under this Part in accordance with subregulation 17(3) or (4).
(2) CASA must cause an instrument to which this regulation applies to be reviewed at least once in each period of 5 years after the instrument is made.
(3) The person carrying out the review must prepare a report setting out the process, and the results, of the review for each instrument reviewed.
(4) The Minister may request a copy of any report prepared under subregulation (3).
Part 3
Miscellaneous
Part 3—Miscellaneous
16
Offence of contravening instrument
16 Offence of contravening instrument
(1) A person must not do any act that contravenes a requirement or condition of any instrument mentioned in subregulation 15(1).
Penalty: 50 penalty units.
(2) A person must not fail to do any act required by any instrument mentioned in subregulation 15(1).
Penalty: 50 penalty units.
(3) An offence under subregulation (1) or (2) is an offence of strict liability.
Part 4
Transitional
Part 4—Transitional
17
Transitional
17 Transitional
(1) If:
(a) an instrument made, granted or issued by Airservices Australia under, or for the purposes of, a provision of Part 2 of the Air Services Regulations 1995 (the repealed provision) was in effect immediately before the commencement of this provision (the commencement date); and
(b) the repealed provision is one to which a provision of these Regulations corresponds;
the instrument continues to have effect on and after the commencement date as if it had been made, granted or issued by CASA for the purposes of that corresponding provision.
(2) If:
(a) any act done, step taken or decision made (not being the making, granting or issuing of an instrument) by Airservices Australia under, or for the purposes of, a provision of Part 2 of the Air Services Regulations 1995 (the repealed provision) was in effect immediately before the commencement of this provision (the commencement date); and
(b) the repealed provision is one to which a provision of these Regulations corresponds;
the act, step or decision continues to have effect on and after the commencement date as if it had been done, taken or made by the appropriate person under, or for the purposes of, that corresponding provision.
(3) CASA may exercise any power under Part 2 in relation to:
(a) a civil aviation instrument; or
(b) an amended civil aviation instrument; or
(c) any aerodrome or airspace to which an instrument mentioned in paragraph (a) or (b) applies;
as if that instrument had been made under the corresponding provision in Part 2.
(4) The powers referred to in subregulation (3) include, in the case of an instrument to which paragraph 10(1)(b) of the Civil Aviation Legislation Amendment Act 1995 applies, power to vary or revoke the instrument.
(5) In subregulation (3):
amended civil aviation instrument means a civil aviation instrument as amended by Airservices Australia exercising a power under a provision of Part 2 of the Air Services Regulations 1995, as in force immediately before its repeal, in accordance with regulation 7.05 of those regulations.
civil aviation instrument means an instrument:
(a) made under regulation 87, 99, 99AA, 140 or 141 of the Civil Aviation Regulations 1988; and
(b) continued in effect by section 10 of the Civil Aviation Legislation Amendment Act 1995.
18
Transitional—saving of determinations
18 Transitional—saving of determinations
A determination made under subregulation 9(2) of the Airspace Regulations 2007 that was in force immediately before the commencement of the Airspace Amendment (Danger Areas) Regulations 2023 has effect, after that commencement, as if it had been made under subregulation 9(2) of the Airspace Regulations 2007 as amended by that instrument.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1—Preliminary
1 Name of Regulations
1 Name of Regulations
These Regulations are the Airspace Regulations 2007.
3 Definitions
3 Definitions
In these Regulations:
Act means the Airspace Act 2007.
aerodrome has the same meaning as in section 3 of the Civil Aviation Act 1988.
aerodrome operator means a person, organisation or enterprise engaged in, or offering to engage in, the operation of an aerodrome.
AIP (short for Aeronautical Information Publication) has the same meaning as in the Air Services Regulations 2019.
aircraft has the same meaning as in section 3 of the Civil Aviation Act 1988.
aircraft operator, in relation to an aircraft, means a person, organisation or enterprise engaged in, or offering to engage in, the operation of the aircraft.
air traffic services has the same meaning as in the Air Services Regulations 2019.
Australian territory has the same meaning as in subsection 3(1) of the Air Services Act 1995.
class, in relation to airspace, means a classification applied to airspace under paragraph 5(1)(d).
control area means airspace to which a determination under paragraph 5(1)(c) applies.
controlled aerodrome means an aerodrome to which a determination under paragraph 5(1)(e) applies.
control zone means airspace to which a determination under paragraph 5(1)(b) applies.
danger area means an area declared to be a danger area under regulation 6.
designated air route means an air route designated under regulation 11.
designated airway means an airway designated under regulation 11.
facilities, in relation to a designated air route or designated airway, means services and aids used to facilitate the safe navigation of aircraft within the airspace of the air route or airway, including:
Imposes a statutory obligation on CASA to review instruments made under the Part at least once every five years and to prepare a report on each review (regulation 15).
Preserves existing Airservices Australia instruments and acts taken under corresponding pre‑existing provisions, treating them as if made or done by CASA following transition (regulation 17), and saves determinations affected by a named 2023 amendment (regulation 18).
The instrument’s internal stated purpose is to enable CASA to perform functions and exercise powers connected with administration and regulation of Australian‑administered airspace (regulation 4). The operational effect is to place the control of classification, special use designations, route/airway configuration and the record/publication regime in CASA, with specific publication triggers and procedural constraints (notably the requirement for publication in AIP/NOTAM before effect and the limitation that determinations have no effect when relevant air traffic services are not provided (regulation 5(3), 5(5))).
Main concepts
This Part introduces a small set of recurrent legal devices and definitions that structure CASA’s authority and the duties of regulated parties.
Determination: CASA may make written determinations classifying volumes of airspace (flight information area/region, control area/zone, class A-G airspace), and declaring controlled aerodromes. A determination’s timing, temporal conditions and cessation mechanisms must be specified if the classification changes (regulation 5(1)-(4); regulation 5(2) sets out the required specification of dates/times/conditions when changing classes).
Declaration: CASA may declare prohibited, restricted or danger areas (regulation 6(1), (5A)). Declarations must specify boundaries, and for danger areas must specify horizontal and vertical points (regulation 6(5), 6(5F)). Prohibited areas are constrained by a requirement of military necessity in CASA’s opinion (regulation 6(2)). Restricted area declarations require CASA to be satisfied that restrictions are necessary in the interests of public safety, environmental protection or national security (regulation 6(3)). Danger areas require CASA to be of the opinion that activities dangerous to aircraft may exist at specified times (regulation 6(5B)). Declarations do not take effect until published in accordance with regulation 7 (regulation 6(6)).
Publication trigger and medium: Multiple provisions tie legal effect to publication in the AIP or a NOTAM. Determinations and designations must take effect on or after the day of publication in AIP/NOTAM (regulations 5(3), 8(4)-(6), 11(3), 12(2)). For declarations of prohibited/restricted/danger areas, the publication medium is determined by duration: 3 months or longer in AIP; otherwise in a NOTAM (regulation 7(1); regulation 8(6) mirrors this for flying training areas).
Conditions and operational content: When CASA declares restricted areas or danger areas it must publish the conditions permitting flight in the area and, for danger areas, sufficient information for the pilot in command to take adequate precautions (regulation 7(2)-(3), (3A)). Declarations may impose conditions and identify classes of aircraft affected (regulation 6(5D)).
Air traffic services (ATS): CASA must publish particulars of ATS to be provided for flight information areas/regions, control areas/zones, classes of airspace and controlled aerodromes, including the manner in which services are provided (regulation 9(1)). CASA may determine that ATS provided for restricted or danger areas will be at variance with Annex 11 to the Chicago Convention and must publish such details (regulation 9(2)-(3)).
Delegation and approved providers: CASA may delegate certain powers and functions under this Part to staff, approved ATS providers or their personnel, and to the Australian Defence Force where relevant; for some powers (regulation 5, 8, 9(2), 14) delegations to senior CASA staff (Executive Level 1 equivalent) are authorised (regulation 13).
Information powers and compliance: CASA may require information from aerodrome operators, aircraft owners and operators, and ATS providers if the information is in their control and reasonably necessary for CASA to conduct regular reviews (regulation 14(1)-(2)). Compliance must occur within 28 days of service or attract a 50 penalty unit fine; the offence is strict liability (regulation 14(3)-(4)).
Reviews and reporting: CASA must review the instruments identified in regulation 15 at least once every five years and prepare reports of the process and results; the Minister may request copies of those reports (regulation 15(2)-(4)).
Enforcement: Offences for contravention of instrument requirements or failure to comply with required acts carry penalties of 50 penalty units and are strict liability (regulation 16(1)-(3)).
Transitional continuity: Instruments, acts and decisions made by Airservices Australia under corresponding provisions of the repealed Air Services Regulations 1995 continue in effect and are treated as if made, done or issued by CASA (regulation 17). Regulation 18 saves determinations made under a prior version of subregulation 9(2) affected by the 2023 amendment.
These concepts create a regime where CASA’s written instruments, coupled with AIP/NOTAM publication, define the operative rules for airspace use and the conditions under which those rules may be varied or cease to operate.
Who it affects
The Regulations create obligations and potential enforcement exposure for identifiable categories of persons and entities. The primary affected parties are:
Aircraft operators: defined in the instrument and required to observe conditions and restrictions imposed under determinations, declarations and directions (definition and the offence provisions in regulation 16). They must monitor AIP/NOTAM publications to know when airspace classifications, special use designations, or service variances apply (regulations 5(3), 7(1), 9(1), 11(3)).
Aircraft owners: expressly subject to CASA’s information notices requiring provision of documentation or information in their possession, custody or control when reasonably necessary for reviews (regulation 14(1)-(3)). Failure to comply attracts a 50 penalty unit sanction and strict liability (regulation 14(3)-(4)).
Aerodrome operators: defined and specifically named as persons who may be required to provide information under regulation 14. Aerodrome operators are also affected by determinations about controlled aerodromes (regulation 5(1)(e)) and by CASA’s publication of particulars of ATS for controlled aerodromes (regulation 9(1)).
Providers of air traffic services: defined and included as both recipients of information notices (regulation 14) and potential delegates of CASA’s functions and powers (regulation 13(1A), 13(3)). Approved providers can be delegated functions and tasks to give directions or make determinations under specified regulations (regulation 13).
Personnel of approved ATS providers and the Australian Defence Force (ADF): the ADF is explicitly mentioned within the definition of approved provider for delegation purposes (regulation 13(3)(b)). Personnel of approved providers can receive delegated authority to exercise functions or powers under the specified regulations (regulation 13(1A)(c)).
CASA: responsible for making determinations, declarations and designations; for publishing required particulars in AIP/NOTAM; for issuing information notices and conducting statutory reviews every five years; and for managing delegated powers (regulations 4, 5, 6, 7, 9, 10, 13, 15).
The Minister and ICAO: the Minister may request reports of CASA’s statutory reviews (regulation 15(4)); CASA must notify ICAO and member States of declarations of prohibited or restricted areas that are to have effect for three months or longer, including location and boundaries (regulation 7(4)).
Who pays: regulated parties (aircraft operators, owners, aerodrome operators and ATS providers) bear compliance costs (monitoring AIP/NOTAMs, adapting routes, adjusting operations to meet published conditions), respond to CASA information notices within 28 days, and face penalties of 50 penalty units for non‑compliance (regulations 14 and 16). CASA bears the administrative cost of making determinations, publishing in the AIP/NOTAM, conducting five‑year reviews and preparing reports (regulations 5(3), 7(1), 15(2)-(3)). Approved ATS providers may bear additional duties if delegated functions are vested in them (regulation 13).
Decision‑makers: CASA is the primary decision‑maker for designations, declarations and determinations (regulations 5, 6, 8, 11). CASA may delegate to specified staff, approved providers or their personnel and to the ADF for some functions (regulation 13). The instrument expressly leaves certain matters to CASA’s opinion (e.g., military necessity for prohibited areas, safety/environment/security for restricted areas, activities dangerous to flight for danger areas) (regulation 6(2)-(5B)).
Information flows: CASA requires regulated parties to supply information reasonably necessary for the statutory five‑year reviews (regulation 14(2)-(3)). CASA publishes operational particulars that directly alter what operators must do or how they operate (regulation 9(1)-(3), regulation 7(2)-(3)). Publication in AIP/NOTAM is the trigger that creates notice and legal effect (regulation 5(3), regulation 7(1)).
Key duties and rights
Duties and rights are mapped to particular actors and instruments in the Regulations. The key duties include:
Duty to comply with instruments: Any person must not do an act that contravenes a requirement or condition of an instrument made under the Part, and must not fail to do an act required by such an instrument (regulation 16(1)-(2)). Both contravention and failure are strict liability offences with a maximum of 50 penalty units (regulation 16(3)).
Duty to provide information and documentation: CASA may serve a written notice requiring an aerodrome operator, aircraft owner, aircraft operator or provider of air traffic services to supply specified information or documentation within 28 days. The notice can only require material in the recipient’s possession, custody or control and that is reasonably necessary for CASA to conduct regular reviews under section 13 of the Act and regulation 15 (regulation 14(1)-(3)). Failure to comply within 28 days is an offence with a 50 penalty unit fine; the offence is of strict liability (regulation 14(3)-(4)).
Duty on CASA to publish particulars and notices: CASA must publish details of the ATS to be provided for specified airspace and controlled aerodromes in the AIP or by NOTAM (regulation 9(1)). CASA must publish declarations of prohibited, restricted or danger areas as required by regulation 7 (regulation 6(6), regulation 7(1)-(3)). CASA must publish notices of unavailability of ATS where CASA is aware of such periods, unless not practicable (regulation 10(1)-(2)). Publication obligations are rights in the sense they create information the regulated should rely upon.
Duty to specify content and conditions when making determinations/declarations: When a determination changes the class of airspace, CASA must specify dates, days, times or conditions under which classes change, or the default class on other dates/times (regulation 5(2)). Declarations of restricted areas must set out the conditions permitting flight, and declarations of danger areas must give sufficient information to allow pilots to take adequate precautions (regulation 7(2)-(3)). Declarations of danger areas must specify horizontal and vertical boundaries (regulation 6(5F)).
Duty to review: CASA must cause instruments listed in regulation 15(1) to be reviewed at least once every five years, and the reviewer must prepare a report on process and results; the Minister may request a copy of any such report (regulation 15(2)-(4)).
Delegation and associated duties: Where CASA delegates functions or powers, the delegate must perform them subject to the same conditions and obligations as would apply if CASA performed them (regulation 13(2)). Delegation may be made in writing to CASA staff, approved ATS providers, their personnel, or to senior CASA staff for certain functions (regulation 13(1)-(1B), 13(3)).
Rights or constraints in the text include:
Right to impose conditions bounded by geography and aircraft class: Declarations may impose conditions and specify classes of aircraft for the purposes of permitting or restricting flight in declared areas (regulation 6(5D)).
Constraint on extraterritorial application: Conditions on flights in parts of a declared area outside Australian territory may only be imposed in relation to Australian aircraft (regulation 6(5E); see note to regulation 7).
Constraint on effect where ATS not provided: Determinations in respect of flight information regions/areas, control areas/zones, classes of airspace, or controlled aerodromes have no effect during any period in which relevant air traffic services are not provided (regulation 5(5)). This creates a temporal constraint protecting operators from being subject to airspace classifications in practice when no ATS are available.
Information and publication duties create operational rights for pilots and operators to rely on AIP/NOTAM contents as the legal trigger for new or changed obligations (regulations 5(3), 7(1), 9(1), 11(3)).
Penalties and enforcement
The Regulations create a narrow set of criminal sanctions and enforcement mechanisms. They are structured around strict liability offences and fixed maximum penalties.
Information‑notice non‑compliance: Failure to comply with a CASA written notice to supply information or documentation under regulation 14(1) is an offence, punishable by 50 penalty units. The offence is strict liability (regulation 14(3)-(4)). The notice must be complied with within 28 days of service (regulation 14(3)). Section 28A of the Acts Interpretation Act 1901 is referenced for ways a document may be served (note under regulation 14).
Contravention or failure to comply with instruments: Regulation 16(1)-(2) makes it an offence to do any act that contravenes a requirement or condition of an instrument made under this Part, or to fail to do any required act. Each such offence carries a penalty of 50 penalty units. The offences are strict liability (regulation 16(3)).
Strict liability: Both the information‑notice offence and the instrument contravention/failure offences are strict liability. The Regulations state this explicitly (regulation 14(4); regulation 16(3)). Strict liability reduces the prosecution’s evidential burden: a defendant’s state of mind is not an element of the offence. The Regulations do not specify available defences or mitigation for strict liability offences; any mitigation would be governed by general criminal or statutory interpretation principles outside the text.
Enforcement actors and delegation: CASA is the decision‑maker empowered to make instruments and serve information notices (regulation 5, 6, 14). CASA may delegate functions and powers to CASA staff, approved ATS providers, and their personnel, which may affect who applies or monitors compliance in practice (regulation 13(1)-(1B), (3)). The instrument does not create a specific enforcement agency beyond CASA’s statutory role.
Publication as threshold for legal effect: Because determinations and declarations do not take effect until published in the AIP or by NOTAM (regulations 5(3), 6(6)), enforcement in practice depends on the publication regime. A person cannot be criminally liable under regulation 16 for contravening an instrument before it takes effect by publication.
Temporal suspension where ATS unavailable: Regulation 5(5) expressly provides that certain determinations have no effect during periods when relevant ATS are not provided. That provision constrains enforcement in such periods by removing the instrument’s legal effect.
Penalty quantum: The Regulations use penalty units rather than specifying monetary amounts. The current monetary value of a penalty unit is set elsewhere in law; the Regulations fix the maximum in units (50 penalty units for the offences in regulations 14 and 16).
The enforcement architecture is relatively direct: CASA creates instruments, informs the regulated community by AIP/NOTAM, and may issue information notices; failure to comply attracts strict liability penalties. Delegation allows approved providers and personnel to exercise CASA’s functions in specified cases, which may alter how compliance is monitored and enforced operationally.
How it interacts with other laws
The instrument is cross‑referenced and constrained by several external legal materials that are mentioned within its text.
Airspace Act 2007: The Definitions section defines “Act” as the Airspace Act 2007 (regulation 3). The Part’s purpose is expressly to enable CASA to perform functions and exercise powers in connection with administration and regulation of Australian‑administered airspace under that Act (regulation 4). The Regulations therefore operate as subordinate instruments implementing aspects of the Act.
Civil Aviation Act 1988 and Civil Aviation Regulations 1988: Key terms such as aerodrome, aircraft and flight are cross‑referenced to section 3 of the Civil Aviation Act 1988 (definitions in regulation 3). The definition of “approved provider of air traffic services” cross‑references regulation 172.015 of the Civil Aviation Safety Regulations 1998 (regulation 13(3)(a)), and the transitional provisions in regulation 17 refer to particular regulations of the Civil Aviation Regulations 1988 (regulation 17(5) defines “civil aviation instrument” by reference to regulations 87, 99, 99AA, 140 or 141 of the Civil Aviation Regulations 1988).
Air Services Regulations 2019 and Air Services Act 1995: The terms AIP and NOTAM and air traffic services are defined with reference to the Air Services Regulations 2019 (regulation 3). The definition of Australian territory is from subsection 3(1) of the Air Services Act 1995 (regulation 3). Regulation 9(2) allows CASA to make determinations that ATS in certain areas may vary from Annex 11 of the Chicago Convention and notes that such determinations are not legislative instruments (see notes referring to the Legislation (Exemptions and Other Matters) Regulation 2015).
Chicago Convention (Annex 11): The classifications A to G for airspace, and various operational concepts are to be applied in accordance with Annex 11 to the Chicago Convention (regulation 5(1)(d); regulation 9(1) requires publication in accordance with Annex 11).
Legislation Act 2003 and Legislation (Exemptions and Other Matters) Regulation 2015: The Regulations contain notes that certain determinations and declarations are not subject to disallowance under section 42 of the Legislation Act 2003 and are not legislative instruments pursuant to the Legislation (Exemptions and Other Matters) Regulation 2015 (see the notes accompanying regulations 5, 6, 9 and 11). These notes indicate that particular instruments made under this Part are not disallowable or legislative instruments in the usual sense, which changes how parliamentary oversight operates.
Acts Interpretation Act 1901: Service of documents is referenced through section 28A of the Acts Interpretation Act 1901 in the notes to regulation 14, which governs methods of service.
Transitional interaction:
Instruments, acts and decisions made by Airservices Australia under corresponding provisions of the previous Air Services Regulations 1995 are continued in effect and treated as if made, done or issued by CASA under the corresponding provisions of this Part (regulation 17(1)-(3)). Subregulation 17(3) expressly allows CASA to exercise powers in relation to civil aviation instruments and to vary or revoke instruments where applicable (regulation 17(3)-(4)).
Limits on extraterritorial application:
Conditions imposed on parts of declared danger areas lying outside Australian territory may only be imposed in relation to Australian aircraft (regulation 6(5E); note to regulation 7).
These cross‑references and transitional provisions place the Regulations within Australia’s broader aviation regulatory framework, delegate some standards to international (ICAO) materials, and exempt certain CASA instruments from the usual disallowance/legislative instrument procedural rules.
Amendment history
The text preserved here contains references to a recent amendment and transitional continuity from prior instruments. From the instrument text:
The Airspace Amendment (Danger Areas) Regulations 2023 are directly referenced in the transitional saving for determinations: regulation 18 provides that a determination made under subregulation 9(2) of the Airspace Regulations 2007 that was in force immediately before the commencement of the Airspace Amendment (Danger Areas) Regulations 2023 continues to have effect after that commencement as if it had been made under the amended subregulation 9(2). That is an express saving provision for particular determinations affected by the 2023 amendment (regulation 18).
Transitional continuity from the earlier Air Services Regulations 1995: Regulation 17 is a detailed transitional provision that preserves instruments, acts, steps and decisions made or issued by Airservices Australia under Part 2 of the Air Services Regulations 1995 where corresponding provisions exist. Such instruments and acts continue to have effect on and after the commencement date as if made, done or issued by CASA under the corresponding provisions of the current Regulations (regulation 17(1)-(3)). Regulation 17(4) expressly allows CASA, in some cases, to vary or revoke those instruments, including instruments to which paragraph 10(1)(b) of the Civil Aviation Legislation Amendment Act 1995 applies (regulation 17(4)).
References to the Legislation Act 2003 and the Legislation (Exemptions and Other Matters) Regulation 2015: The notes alongside several regulations indicate that certain determinations and declarations are not subject to disallowance under section 42 of the Legislation Act 2003 or are not legislative instruments for the purposes of the Legislation (Exemptions and Other Matters) Regulation 2015 (see notes to regulations 5, 6, 9, 11). Those notes reflect legal drafting choices that affect parliamentary oversight and the instrument status of CASA’s actions under this Part.
No other amendment history is contained in the text provided. The instrument itself appears to incorporate transitional arrangements to ensure continuity with instruments made by Airservices Australia under the prior regulatory regime and preserves determinations affected by the 2023 danger‑area amendment.
Litigation history
The Regulations as supplied do not reference any court decisions, judicial determinations or litigation history. The text does not name or summarise any case law. There are no judicial interpretations or litigated disputes recorded in the instrument. Where the Regulations refer to offences and strict liability, they do not specify precedential case law or interpretive authority. Any litigation history concerning these provisions would need to be sourced from external case law repositories; none is present in the current text.
When advising clients or preparing to litigate, parties should note that the Regulations embed strict liability offences (regulation 14(4); regulation 16(3)) and that many instruments are not disallowable legislative instruments (see notes to regulations 5, 6, 9, 11), both of which could affect procedural and substantive arguments in any judicial review or criminal proceedings. The Regulations also tightly tie legal effect to publication in AIP/NOTAM (regulations 5(3), 6(6), 7(1)), which will be a factual and legal point of focus in any dispute over notice and timing.
Because the instrument does not itself identify litigation, counsel and litigators should rely on contemporaneous AIP/NOTAM publication records, CASA correspondence and the text of any specific instrument when preparing legal action. The absence of in‑text litigation history here imposes a need to consult external judicial databases for any relevant decisions.
Gotchas
This Part contains several operational and legal traps that regulated parties should be aware of. Each is anchored in a specific provision and has practical significance.
Publication is the legal trigger, not signature: Determinations and declarations do not take effect until published in the AIP or a NOTAM (regulation 5(3); regulation 6(6); regulation 8(4); regulation 11(3); regulation 12(2)). Parties that rely on CASA announcements or internal communications without verifying AIP/NOTAM publication risk being unaware of the operative legal change.
Instruments have no effect when ATS unavailable: A determination in respect of flight information areas/regions, control areas/zones, airspace classes or controlled aerodromes has no effect during any period when relevant air traffic services are not provided (regulation 5(5)). Operational staff must check ATS availability as well as publication status to know whether an instrument is in force.
Strict liability for information notices and contraventions: Offences for failing to comply with information notices (regulation 14(3)-(4)) and for contravening or failing to comply with instruments (regulation 16(1)-(3)) are strict liability. This reduces potential excuses based on lack of knowledge of the law or negligent belief. The Regulations do not provide statutory defences for reasonable steps or inadvertence.
The 28‑day clock: A recipient of an information notice must comply within 28 days of service (regulation 14(3)). Parties should have records and systems to receive and respond to CASA notices promptly; service method is governed by the Acts Interpretation Act 1901 s 28A (note to regulation 14), so service methods may be broad.
Delegation beyond CASA to ATS providers/ADF: CASA may delegate functions to approved providers of air traffic services and their personnel, and to the ADF, affecting who exercises regulatory powers on the ground and altering practical interactions for operators (regulation 13(1), (1A), (3)). Delegation is subject to the same conditions as if CASA exercised the function (regulation 13(2)), but delegation can change the immediate decision‑maker and response pathways.
Non‑disallowable instruments: Several notes state that particular determinations and declarations are not subject to disallowance under section 42 of the Legislation Act 2003 and may not be legislative instruments per relevant regulations (see notes to regulations 5, 6, 9, 11). That affects parliamentary oversight and may narrow avenues for review rooted in disallowance procedures.
Conditions limited beyond territorial bounds: Conditions on flights in portions of declared areas outside Australian territory can be imposed only in relation to Australian aircraft (regulation 6(5E); note to regulation 7). Non‑Australian aircraft may be outside the scope of some conditions; parties operating internationally must map applicable rules carefully.
Publication content requirements: Publication of a restricted area must set out the conditions permitting flight (regulation 7(2)). Publication of a danger area must provide sufficient information to enable a pilot in command to take adequate precautions (regulation 7(3)). Poorly drafted publications could create operational uncertainty; CASA is required to supply substantive content.
Five‑year review cycle: CASA must cause instruments to be reviewed at least once every five years with a report on process and results (regulation 15(2)-(3)). Regulated parties should anticipate information requests in support of these reviews (regulation 14), and that instrument changes may follow review outcomes.
Each of these points is grounded directly in the text. Practitioners should map operational procedures to these technical requirements to avoid inadvertent non‑compliance and to ensure timely response to CASA communications.
How to comply
Compliance under this Part requires systematic monitoring, recordkeeping, timely response to CASA notices and operational changes in response to published instruments. Concrete steps, tied to the relevant provisions, are:
Treat AIP/NOTAM publication as the legal trigger for any new or changed airspace classification, special use area designation, ATS particulars, route or airway determination.
Establish an internal protocol to check for new NOTAMs and AIP updates prior to each flight operation or aerodrome operation change.
Maintain up‑to‑date documentation and records to satisfy CASA notices (regulation 14(1)-(3)):
Ensure aircraft owners, aircraft operators, aerodrome operators and ATS providers retain custody of operational documents, maintenance records, safety data and other materials that CASA may reasonably require for reviews.
Allocate responsibility to a named individual or team to receive CASA notices and to assemble responses within 28 days. Include service‑method checks in this process (note to regulation 14 referencing Acts Interpretation Act 1901 s 28A).
Implement an internal compliance programme for instrument conditions (regulation 16):
Review and map any requirements or conditions attached to relevant instruments (e.g., classes of airspace, restricted area conditions, danger area precautions).
Update operating manuals, dispatch procedures and pilot briefings to reflect published conditions and ensure crews are briefed on declared danger area information sufficient to take precautions (regulation 7(3)).
Coordinate with ATS providers and take delegation ramifications into account (regulation 13):
Where operations intersect with approved ATS providers or ADF delegated functions, maintain direct communication channels with those entities and clarify the scope of any delegated directions affecting operations.
For aerodrome operators and air traffic service providers, ensure personnel are aware of any delegations from CASA and the obligation to perform delegated functions subject to the same conditions as CASA (regulation 13(2)).
Plan for the 28‑day response timeframe and strict liability consequences (regulations 14(3)-(4), 16(3)):
Given the strict liability nature of the offences, prioritise timely and complete responses to CASA notices.
Keep contemporaneous records of attempts to comply, service receipt, and reasons for any delay, recognising that statutory strict liability limits reliance on subjective excuses.
Track ATS availability and the operational effect of determinations (regulation 5(5); regulation 10):
Confirm whether relevant air traffic services will be provided for any airspace in which determined classifications or controlled aerodrome status apply. If ATS will be unavailable, those determinations may have no legal effect during the unavailability period (regulation 5(5)).
Monitor CASA notices of unavailability of ATS (regulation 10(1)). If it is not practicable for CASA to publish a notice, operators should seek confirmation and document operational decisions.
Prepare for periodic reviews and potential instrument change (regulation 15):
Anticipate participation in CASA’s five‑year reviews by maintaining readily accessible evidence demonstrating the safety or operational impacts of instruments.
Consider internal audits timed to align with CASA’s review cycle so that the organisation can respond to requests and engage constructively in review processes.
Implement geographic and aircraft‑class compliance checks (regulation 6(5D), 6(5F)):
Where declarations designate areas by horizontal and vertical boundaries, update navigation databases and flight planning systems to reflect those volumes accurately.
Check whether any conditions or aircraft classes specified in a declaration affect specific fleet types and embed filters in operations planning to prevent prohibited entries.
Legal and procedural preparedness:
Maintain a register of active instruments affecting the organisation, with dates, publication references (AIP/NOTAM identifiers), expiry or event‑based cessation conditions, and any variance from Annex 11 where applicable (regulation 9(2)-(3)).
For any instrument that is to have effect 3 months or longer and that is a prohibited or restricted area, note that CASA must notify ICAO and member States of the declaration and boundaries (regulation 7(4)). Organisations operating internationally should check ICAO publications as well as domestic AIP/NOTAM.
Review delegated workflows for approved ATS providers and the ADF (regulation 13):
If you are an approved ATS provider or personnel thereof, implement governance procedures for exercising delegated CASA functions and ensure records demonstrate the actions taken under the delegated authority, given that delegations are in writing and subject to CASA‑equivalent conditions (regulation 13(1)-(3)).
These steps will not eliminate regulatory risk but align operational practice with the specific procedural and substantive requirements established in the Regulations. Document all steps taken to receive and act on AIP/NOTAM publications and CASA notices, and maintain clear chains of responsibility for responding to CASA information requirements.
Determination of airspace and controlled aerodromes etc
(a) visual and non‑visual aids along the air route or airway; and
(b) visual and non‑visual aids to approaching and landing at an aerodrome; and
(c) communications services; and
(d) meteorological services; and
(e) air traffic services.
flight has the same meaning as in the Civil Aviation Act 1988.
flight information area means airspace to which a determination under subparagraph 5(1)(a)(i) applies.
flight information region means airspace to which a determination under subparagraph 5(1)(a)(ii) applies.
flying training area means an area designated under regulation 8 to be a flying training area.
ICAO means the International Civil Aviation Organization referred to in the Chicago Convention.
military operating area means a type of danger area mentioned in paragraph 6(5C)(a).
NOTAM (short for Notice to Airmen) has the same meaning as in the Air Services Regulations 2019.
prohibited area means an area declared to be a prohibited area under regulation 6.
restricted area means an area declared to be a restricted area under regulation 6.
volume, in relation to airspace, means a volume of airspace defined by reference to specified horizontal and vertical points.
Note: Annex 11 of the Chicago Convention defines the following terms:
Note: Aerodrome. A defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft.
Note: Air traffic service. A generic term meaning variously, flight information service, alerting service, air traffic advisory service, air traffic control service (area control service, approach control service or aerodrome control service).
Note: Alerting service. A service provided to notify appropriate organizations regarding aircraft in need of search and rescue aid, and assist such organizations as required.
Note: Controlled aerodrome. An aerodrome at which air traffic control service is provided to aerodrome traffic.
Note: (Note.—The term “controlled aerodrome” indicates that air traffic control service is provided to aerodrome traffic but does not necessarily imply that a control zone exists.)
Note: Flight information region. An airspace of defined dimensions within which flight information service and alerting service are provided.
Note: Flight information service. A service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights.
Part 2 Airspace management
Part 2—Airspace management
4 Purpose of Part 2
4 Purpose of Part 2
The provisions of this Part are for the purpose of enabling CASA to perform the functions and exercise the powers in connection with the administration and regulation of Australian‑administered airspace.
5 Determination of airspace and controlled aerodromes etc
5 Determination of airspace and controlled aerodromes etc
(1) CASA may, in writing, make a determination on any of the following matters:
(a) that a volume of airspace is:
(i) a flight information area; or
(ii) a flight information region;
(b) that a volume of airspace extending upwards from ground or water to a specified altitude is a control zone;
(c) that a volume of airspace extending upwards from a specified altitude is a control area;
(d) that a volume of airspace is airspace classified, in accordance with Annex 11 to the Chicago Convention, as Class A, B, C, D, E, F or G;
(e) that an aerodrome is a controlled aerodrome.
(2) If a determination under paragraph (1)(d) provides that a volume of airspace of a specified class ceases to be airspace of that class and becomes airspace of another specified class, the determination must specify:
(a) one or more of the following:
(i) the dates or days on which the airspace is determined to be of a particular class;
(ii) the times when the airspace is determined to be of a particular class;
(iii) the class of the airspace on all other dates or days, and times, other than those specified under subparagraph (i) or (ii); or
(b) the conditions under which the volume of airspace of the specified class ceases to be airspace of that class and becomes airspace of another specified class.
(3) A determination made under this regulation must be made to take effect on, or after, the day on which the determination is published in the AIP or a NOTAM.
(4) Unless sooner revoked, a determination ceases to have effect:
(a) on the day, or on the day and time, specified in the determination; or
(b) on the day, or on the day and time, of the occurrence of an event specified in the determination; or
(c) in the circumstances specified in the determination.
(5) However, a determination in respect of:
(a) a flight information area or a flight information region; or
(b) a control area or a control zone; or
(c) airspace of any class; or
(d) a controlled aerodrome;
has no effect during any period in which relevant air traffic services are not provided.
Note: A determination made under this regulation is not subject to disallowance under section 42 of the Legislation Act 2003 (see regulations made for the purposes of paragraph 44(2)(b) of that Act).
6 Designation of prohibited, restricted or danger areas
6 Designation of prohibited, restricted or danger areas
Prohibited areas and restricted areas
(1) CASA may, in writing, make a declaration designating an area of Australian territory to be a prohibited area or a restricted area.
Note: Airspace of a prohibited or restricted area is a type of special use airspace.
(2) CASA must not declare an area to be a prohibited area unless, in the opinion of CASA, it is necessary for reasons of military necessity to prohibit the flight of aircraft over the area.
(3) CASA must not declare an area to be a restricted area unless, in the opinion of CASA, it is necessary to restrict the flight of aircraft over the area to aircraft flown in accordance with specified conditions in the interests of any of the following:
(a) public safety, including the safety of aircraft in flight;
(b) the protection of the environment;
(c) national security.
(5) A declaration made under subregulation (1):
(a) must specify an area by reference to its boundaries; and
(b) may specify the boundaries of an area to extend to a volume of airspace.
Danger areas
(5A) CASA may, in writing, make a declaration designating a volume of Australian‑administered airspace to be a danger area.
Note: A danger area is a type of special use airspace.
(5B) CASA must not declare a volume of airspace to be a danger area unless, in the opinion of CASA, activities dangerous to the flight of aircraft may exist in the area at specified times.
(5C) A declaration made under subregulation (5A) may designate a volume of airspace as:
(a) a type of danger area known as a military operating area, as specified in the declaration; or
(b) another type of danger area, as specified in the declaration; or
(c) a danger area of an unspecified type.
(5D) If paragraph (5C)(a) or (b) applies, the declaration may (subject to subregulation (5E)):
(a) impose conditions on the flight of aircraft in the area; and
(b) specify conditions and classes of aircraft for the purposes of paragraph (a) of this subregulation.
(5E) Conditions on the flight of aircraft in so much of the area as is outside Australian territory may only be imposed in relation to Australian aircraft.
(5F) A declaration made under subregulation (5A) must specify a volume of airspace by reference to its horizontal and vertical points.
Declarations made under this regulation
(6) A declaration made under this regulation does not take effect until published in accordance with regulation 7.
(7) Unless sooner revoked, a declaration ceases to have effect:
(a) on the day, or on the day and time, specified in the declaration; or
(b) on the day, or on the day and time, of the occurrence of an event specified in the declaration; or
(c) in the circumstances specified in the declaration.
Note: A declaration made under this regulation is not a legislative instrument (see paragraph (a) of item 1 of the table in section 7 of the Legislation (Exemptions and Other Matters) Regulation 2015).
7 Publication etc. of a designation
7 Publication etc. of a designation
(1) CASA must cause a declaration designating an area to be a prohibited area, a restricted area or a danger area to be published:
(a) if the declaration is to have effect for a period of 3 months or longer—in the AIP; or
(b) in any other case—in a NOTAM.
(2) Publication of a declaration of a restricted area must set out the conditions in accordance with which the flight of aircraft over the area is permitted.
(3) Publication of a declaration of a danger area must contain sufficient information about the nature of the danger to enable the pilot in command of an aircraft to take adequate precautions.
(3A) A declaration of a danger area that, in accordance with paragraph 6(5C)(a) or (b), specifies the area to be a military operating area or another type of area, must set out the conditions in accordance with which the flight of aircraft in the area is permitted.
Note: Consistent with Australia’s international obligations, conditions on the flight of aircraft in so much of the area as is outside Australian territory may only be imposed in relation to Australian aircraft.
(4) If a declaration of a prohibited area or restricted area is to have effect for a period of 3 months or longer, CASA must, as soon as practicable, notify ICAO and its member States of:
(a) the declaration of the area; and
(b) the location and boundaries of the area.
8 Designation of flying training areas
8 Designation of flying training areas
(1) CASA may, in writing, designate an area as a flying training area.
(2) CASA must not designate an area as a flying training area unless, in the opinion of CASA, there exists within or over the area flying training activity that is a potential danger to aircraft flying over the area.
(3) A designation:
(a) must specify an area by reference to its boundaries; and
(b) may specify the boundaries of a volume of airspace above that area to which the designation applies.
(4) A designation made under this regulation must be made to take effect on, or after, the day on which the designation is published in accordance with subregulation (6).
(5) Unless sooner revoked, a designation ceases to have effect:
(a) on the day, or on the day and time, specified in the designation; or
(b) on the day, or on the day and time, of the occurrence of an event specified in the designation; or
(c) in the circumstances specified in the designation.
(6) CASA must cause a designation of a flying training area to be published:
(a) if the designation is to have effect for a period of 3 months or longer—in the AIP; or
(b) in any other case—in a NOTAM.
Note: A designation made under this regulation is not subject to disallowance under section 42 of the Legislation Act 2003 (see regulations made for the purposes of paragraph 44(2)(b) of that Act).
9 Particulars of air traffic services
9 Particulars of air traffic services
(1) CASA must cause to be published, in the AIP or a NOTAM, details of the air traffic services that are to be provided, in accordance with Annex 11 to the Chicago Convention, for:
(a) a flight information area or a flight information region; or
(b) a control area or a control zone; or
(c) airspace of any class; or
(d) a controlled aerodrome;
including details of the manner in which the services are to be provided.
(2) CASA may make a determination that the air traffic services to be provided for the following airspace are services that are at variance with air traffic services that would otherwise be provided for the airspace in accordance with Annex 11 to the Chicago Convention:
(a) airspace above an area of Australian territory declared under subregulation 6(1) to be a restricted area;
(b) a volume of airspace declared under subregulation 6(5A) to be a danger area.
Note: A determination made under this subregulation is not a legislative instrument (see paragraph (b) of item 1 of the table in section 7 of the Legislation (Exemptions and Other Matters) Regulation 2015).
(3) CASA must cause details of air traffic services provided under subregulation (2) to be published in the AIP or a NOTAM.
10 Notice of unavailability of air traffic services
10 Notice of unavailability of air traffic services
(1) If CASA is aware of any period during which air traffic services are not to be provided for:
(a) a flight information area or a flight information region; or
(b) a control area or a control zone; or
(c) airspace of any class; or
(d) a controlled aerodrome;
CASA must cause a notice, giving details of the unavailability of the services, to be published in the AIP or a NOTAM.
(2) A notice giving details of the unavailability of air traffic services need not be published if it is not practicable to do so.
11 Designation of air routes and airways
11 Designation of air routes and airways
(1) CASA may, in writing, designate air routes and airways in Australian‑administered airspace.
(2) CASA may, in writing, determine the conditions that apply to the use of a designated air route or airway.
(3) A designation or determination made under this regulation must be made to take effect on, or after, the day on which the designation or determination is published in the AIP or a NOTAM.
Note: A designation or determination made under this regulation is not subject to disallowance under section 42 of the Legislation Act 2003 (see regulations made for the purposes of paragraph 44(2)(b) of that Act).
12 Directions relating to air routes, airways and facilities
12 Directions relating to ai
This is an opening excerpt, not the complete document.