Announcement date
30 November 2023
Link to announcement
Extraterritorial airspace | Civil Aviation Safety Authority (casa.gov.au)
Problem being addressed
In November 2019, the International Civil Aviation Organization (ICAO) issued a notice of deficiency for non-compliance against Australia due to the restricted area declarations in Australian-administered airspace. Australia seeks to comply with ICAO standards and as a responsible regional leader and good international citizen, to comply with international law. The Civil Aviation Safety Authority (CASA)’s Office of Airspace Regulation (OAR) sought to address the deficiency by changing the Airspace Regulations 2007 (the Regulations).
This deficiency was issued due to Australia’s long-standing practice of declaring (predominately) military restricted areas outside Australian territory in Australian-administered airspace. This practice is unacceptable to ICAO and illegal under international law, with 93 restricted areas declared in this manner. In 2007, the CASA’s OAR became responsible for these declarations under the Airspace Act 2007.
The declaration of danger areas in Australian-administered airspace is acceptable to ICAO and legal under international law, with 16 danger areas declared in this manner. However, the Regulations only allow declaration of danger areas over Australian territory, unnecessarily limiting options to address airspace risk and making the current danger area declarations illegal.
Proposal
In order to address the deficiency issued by ICAO, make Australia compliant with international law, make danger area declarations outside Australian territory legal under domestic law, and give the OAR more options to address airspace risk outside Australian territory and to not prevent use of airspace outside Australian territory by the military for exercises and training, CASA proposes amendments to the Regulations.
The objectives of the proposal are as follows:
- Address the deficiency issued by ICAO;
- Make Australia compliant with international law; and
- Make danger area declarations outside Australian territory legal under domestic law; and
- Give the OAR more options to address airspace risk outside Australian territory; and
- To not prevent use of airspace outside Australian territory by the military for exercises and training,
CASA proposes an amendment to the current Regulations that will enable the OAR to publish danger areas outside Australian territory within Australian-administered airspace. An introduction of a new type of danger area known as Military Operating Areas (MOA) will better define the risks to other airspace users, creating a safer operating environment.
As the Regulations do not allow declaration of danger areas outside Australian territory, despite this being acceptable to ICAO and legal under international law, that limitation should be removed. This will allow OAR to address airspace risk in Australian-administered airspace and make the current declarations legal under domestic law.
Assessed RIS outcome
Adequate