Originally Posted by
Geoff Fairless
I recently wrote to the ADF, via the AVSef website, about the declaration of Restricted Areas outside of Australian territorial waters (12NM Limit) in regard to Exercise Talisman Sabre. The gist of my argument is in this extract:
"Australia, in the light of Chinese claims in the South China Sea, needs to clarify our own position in relation to the exclusion of aircraft from airspace outside of “Australian Territory”. I use that term specifically because it is the terminology used in Australian airspace legislation and I have highlighted the term wherever it is used in the quotes below.
I contend that having studied the legislation, the declaration of Restricted Areas in regard to this exercise, outside of “Australian Territory”, is contrary to the Airspace Act 2007, the Airspace Regulations 2007, and the Australian Airspace Policy Statement 2018. It is, therefore, arguably, illegal under Australian law and the Chicago Convention to which Australia is a signatory."
and,
"Please clarify, for AVSef members, the legal basis for the establishment of Restricted Areas outside of “Australian Territory” as defined in Australian airspace regulation."
I have not received a written reply from the ADF but did get a telephone call from a CASA officer who agreed with my conclusion but stated that CASA does not intend to comply with the law because, and now I am paraphrasing his words, they have done it lots of times before, Australia has many R Areas outside 12 NM, everyone else in the world does it, the ADF does not like flying "due regard" (recognised by ICAO) because it is too dangerous!
So, the only conclusion an ordinary citizen can come to, is that the law only applies when CASA wants it to, and never to CASA or the ADF.........