6Designation 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).