Document ID: chunk:federal_register_of_legislation:F2023C01070:reg:5
Version: federal_register_of_legislation:F2023C01070
Segment Type: reg
Provision Reference: reg 5
Character Range: 7208–9541

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).