Federal Register of Legislation - Australian Government

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CASA OAR 038/12 Determinations/Civil Aviation as made
This instrument amends CASA OAR 152/11 – Determination of airspace and controlled aerodromes etc instrument as contained in CASA OAR 152/11.
Administered by: Infrastructure and Transport
Exempt from sunsetting by the Legislative Instruments Regulations 2004 Sch 3 item 3
Made 16 Mar 2012
Registered 16 Mar 2012
Tabled HR 20 Mar 2012
Tabled Senate 20 Mar 2012
Date of repeal 17 Oct 2014
Repealed by Spent and Redundant Instruments Repeal Regulation 2014 (No. 2)

Instrument number CASA OAR 038/12

I, peter BEILBY cromarty, Executive Manager, Airspace and Aerodrome Regulation Division, a delegate of CASA, make this instrument under regulation 5 of the Airspace Regulations 2007.

[Signed P. B. Cromarty]

Peter Cromarty
Executive Manager
Airspace and Aerodrome Regulation Division

16 March 2012

Determination of airspace and controlled aerodromes etc Amendment Instrument 2012 (No. 2)

1          Name of instrument

                 This instrument is the Determination of airspace and controlled aerodromes etc Amendment Instrument 2012 (No. 2).

2          Commencement

                 This instrument commences on 16 March 2012.

Note   The instrument was published in a NOTAM. The instrument is a legislative instrument and it was registered before it commenced.

3          Determination of airspace and controlled aerodromes etc

                 Schedule 1 amends the Determination of airspace and controlled aerodromes etc instrument as contained in CASA OAR 152/11.

Schedule 1          Amendments

[1]        After section 6

insert

7          Determination for voice deactivation of Class C Control Zones

        (1)     Subject to this section, I determine that a volume of airspace described in Schedule 5 as a Class C Control Zone, temporarily ceases to be a Class C Control Zone and becomes airspace of another specified class if:

(a)   the details for the Control Zone set out in Schedule 5 provide for its activation in accordance with an hours of activity statement that is a NOTAM (an activating NOTAM); and

(b)   the activating NOTAM specifies a finish time for the activation (the specified finish time); and

(c)   the Controlling Authority for the Control Zone uses voice telecommunication to a receiving air traffic control (ATC) authority to deactivate the Control Zone earlier than the specified finish time (early deactivation) in accordance with subsection (2).

Note   Activation times specified in a NOTAM are in UTC unless otherwise indicated.

        (2)     Early deactivation may only be carried out if the activity for which the activating NOTAM was published has been completed or otherwise terminated.

        (3)     Early deactivation may not occur earlier than 60 minutes before the specified finish time unless an amending NOTAM is issued.

        (4)     To avoid doubt, the period of activation of a Control Zone activated by NOTAM may not be extended by voice telecommunication past the specified finish time.

Note 1   For an early deactivation within the 60 minutes before the specified finish time, an amending NOTAM is NOT required.

Note 2   For an early deactivation that is earlier than 60 minutes before the specified finish time, an amending NOTAM IS required.

Note 3   For an extension to the specified finish time, an amending NOTAM IS required.

Note 4   A pro forma for an activating NOTAM follows:

Reference/year NOTAMN

A) [Insert details]

B) [Insert start time specified in UTC]

C) [Insert finish time specified in UTC]

D) [Insert periods of activity details]

E) [Insert details of Control Zone, including the following statement:

“active; however may be subject to early deactivation. Check status with [insert details of ATC authority].”]