5Determination 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).