Geoff Fairless
8th Apr 2023, 07:25
I realise I have done this all before, but just to let you know, the "war in the air" continues.
Dear Flt Cdr,
Once again I am driven to write to the ADF concerning airspace changes that are not authorised under Australian law. The rule of law so often quoted by our senior politicians.
In the above AVSEF request for feedback you make certain statements that are not, and create airspace that is not, allowed under the Airspace Act, Regulations or the current Airspace Policy Statement (Barnaby Joyce; 19 Nov 2021)
I will not quote the detail from the Act and other documents, I am sure you have read them, and for purposes unknown, decided to ignore the words authorised by the Federal Parliament.
Specifically you refer to:
Military Class C control area (CTA)
Williamtown Military Control Zone
Proposed R574ABCD WILLIAMTOWN
The terms used at 1 and 2 do not exist in the various documents authorising airspace, so CASA OAR does not have the authority to authorise their use. Furthermore, if the nomenclature is designed to contain some kind of modification to the classes of airspace being promulgated, then it is misleading and arguably dangerous. There is no point in claiming that Australia complies with, and uses, ICAO airspace classifications, if a pilot is flying in an airspace that does not comply with the ICAO definition. It is recognised that CASA may create CTA and CTR of an ICAO class and allow the ADF, unaudited by CASA, to provide airspace services in that airspace.
The restricted airspace at 3, R574 A - D, appears, in large part to be outside of Australia's territorial waters, is therefore illegal. CASA has in existence a published aeronautical document (AIC H08/23) stating that such airspace is not recognised, cannot be enforced, but then ordering Australian pilots and companies (including Airservices) to recognise the airspace.
Yours Sincerely
Geoff Fairless
Dear Flt Cdr,
Once again I am driven to write to the ADF concerning airspace changes that are not authorised under Australian law. The rule of law so often quoted by our senior politicians.
In the above AVSEF request for feedback you make certain statements that are not, and create airspace that is not, allowed under the Airspace Act, Regulations or the current Airspace Policy Statement (Barnaby Joyce; 19 Nov 2021)
I will not quote the detail from the Act and other documents, I am sure you have read them, and for purposes unknown, decided to ignore the words authorised by the Federal Parliament.
Specifically you refer to:
Military Class C control area (CTA)
Williamtown Military Control Zone
Proposed R574ABCD WILLIAMTOWN
The terms used at 1 and 2 do not exist in the various documents authorising airspace, so CASA OAR does not have the authority to authorise their use. Furthermore, if the nomenclature is designed to contain some kind of modification to the classes of airspace being promulgated, then it is misleading and arguably dangerous. There is no point in claiming that Australia complies with, and uses, ICAO airspace classifications, if a pilot is flying in an airspace that does not comply with the ICAO definition. It is recognised that CASA may create CTA and CTR of an ICAO class and allow the ADF, unaudited by CASA, to provide airspace services in that airspace.
The restricted airspace at 3, R574 A - D, appears, in large part to be outside of Australia's territorial waters, is therefore illegal. CASA has in existence a published aeronautical document (AIC H08/23) stating that such airspace is not recognised, cannot be enforced, but then ordering Australian pilots and companies (including Airservices) to recognise the airspace.
Yours Sincerely
Geoff Fairless