Document ID: chunk:federal_register_of_legislation:F2024L01503:body:0:p2
Version: federal_register_of_legislation:F2024L01503
Segment Type: other
Provision Reference: 
Character Range: 3361–6132

aircraft in Australian territory, other than foreign registered aircraft and state aircraft.
Australian territory means:
(a) the territory of Australia and of every external territory; and
(b) the territorial sea of Australia and of every external territory; and
(c) the airspace over any such territory or sea.
military operating area, or MOA, means a type of danger area mentioned in paragraph 6(5C)(a) of the Airspace Regulations 2007 (as in force on and from 30 November 2023).
Table means the Table in section 5.

5 Declaration — designating prohibited, restricted and danger areas
        I declare the areas of Australian-administered airspace described in a Schedule listed in the following table (the Table) to be the areas mentioned in the Table for the Schedule.

Schedule     Areas
Schedule 1A  Prohibited Areas
Schedule 1   Restricted Areas
Schedule 2   Danger Areas (excluding Military Operating Areas)
Schedule 2A  Military Operating Areas

Note   Under subregulation 6(2) of AsR 2007 (as amended), 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.
Under subregulation 6(3) of AsR 2007 (as amended), CASA must not declare an area to be a restricted area unless, in the opinion of CASA, it is necessary in the interests of public safety (including the safety of aircraft in flight), the protection of the environment, or national security to restrict the flight of aircraft over the area to aircraft flown in accordance with specified conditions.
Under subregulation 6(5B) of AsR 2007 (as amended), CASA must not declare an area 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.
     Under subregulation 7(1) of AsR 2007 (as amended), CASA must cause a declaration designating an area to be a prohibited area, a restricted area or a danger area to be published in the AIP if the declaration is to have effect for a period of 3 months or longer. Under subregulation 7(2), publication of a declaration of a restricted area must set out the conditions in accordance with which the flight of aircraft over the area is permitted. Under subregulation 7(3), publication of a declaration of a danger area must contain sufficient information about the nature of the danger to enable the pilot in command of an aircraft to take adequate precautions. Similarly, under subregulation 7(3A), declaration of a military operating area must set out the conditions in accordance with which the flight of aircraft in the area is permitted.

6 Approvals and conditions for restricted areas
        An aircraft may only be flown in the airspace of