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Airspace Regulations 2007
5Determination of airspace and controlled aerodromes etc
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#### 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).