Alpha,
The process for analysing and changing airspace in Australia is contained in the Airspace Act, Regulations, and Ministerial policy statement (AAPS). None of these documents authorise CASA to introduce a Broadcast Area into Class G or any other type of airspace.CASA seems to have the authority to follow or ignore administrative law as it sees fit. Due, no doubt, to lack of oversight by the responsible Department and the Minister.
According to the AAPS the airspace, as it is configured should be Class F not G, better still Class D with a locally-owned and operated Control Tower:
- Class F: IFR and VFR flights are permitted. All participating IFR flights receive an air traffic advisory service and all flights receive a flight information service if requested.
To make decisions CASA OAR is supposed to follow the process described in the AAPS. They have not done so in this instance by allowing Airservices to do the consultation but keep their risk assessment a secret.
How CASA arrived at the decision to allow an airspace configuration not authorised by their legislation, that is, Class G/Broadcast Area/FIS, to be implemented we will never know unless someone in the Senate RRAT asks the question, or an FOI request is made.
I am really pleased, however, to see that we are on the same page.