CASR means the Civil Aviation Safety Regulations 1998.
certified aerodrome means an aerodrome that was a certified aerodrome under Part 139 of CASR immediately before the commencement of this MOS.
existing aerodrome means an aerodrome that was in service as a certified aerodrome or a registered aerodrome under the document called ‘Manual of Standards (MOS) – Part 139 Aerodromes’ as in force immediately before the commencement of this MOS.
existing aerodrome facility means a facility that would have fallen within the definition of an aerodrome facility immediately before the commencement of this MOS had the definition of aerodrome facility then been in force.
Note Aerodrome facility is defined in subsection 3.01 (2).
grandfathered facility means an existing aerodrome facility (the facility) and the obstacle limitation surfaces associated with an existing runway that is part of the existing aerodrome facility (the OLS) that, on and after the commencement of this MOS, do not comply with the standards in this MOS, provided that:
(a) the facility and the OLS complies, and continues to comply, with the standards which applied to the facility and the OLS immediately before the commencement of this MOS; and
Note CASA guidance documents identify the range of previous standards that may have applied.
(b) the aerodrome operator’s aerodrome manual:
(i) identifies the facility and the OLS; and
(ii) sets out in detail how the facility and the OLS do not comply with this MOS.
opted-in means that:
(a) an aerodrome operator voluntarily tells CASA in writing that from a specified date after the commencement of this MOS, a specified grandfathered facility will comply with the requirements of this MOS for the facility; and
(b) the aerodrome operator’s aerodrome manual specifies the date and the facility; and
(c) CASA acknowledges, in writing, that the operator has opted-in.
registered aerodrome means an aerodrome that was a registered aerodrome under Part 139 of CASR immediately before the commencement of this MOS.
replacement, for an existing aerodrome facility, means completion of any activity in relation to the facility which, not being merely maintenance, results in the substitution of a new aerodrome facility for the existing aerodrome facility.
upgrade, for an existing aerodrome facility, means any change to the facility which, for the first time after the commencement of this MOS, enables any of the following changes to aircraft operations using the facility, namely, a change:
(a) from day VFR operations, to night VFR operations;
(b) from non-instrument approaches, to non-precision instrument approaches;
(c) from non-precision instrument approaches, to precision instrument approaches;
(d) from precision CAT I approaches, to precision CAT II or CAT III approaches;
(e) which enables aircraft take-offs and aerodrome surface movements in runway visibility or RVR conditions of less than 550 m;
(f) which enables the aerodrome to accommodate aircraft of a higher category specified in the ARC under section 4.01 of this MOS than was the case before the change;
Note See subsection 4.01 (6).
(g) which enables the aerodrome to accommodate aircraft on scheduled international operations.
Note The upgrade of a particular aerodrome facility that previously was not compliant with the relevant standards in the MOS is the trigger for the particular facility to be brought into compliance with the MOS. Since the timing and budgeting of an upgrade is under the aerodrome operator’s control, so too is the timing of works necessary to bring the non-compliant facility into compliance with this MOS.
2.02 Application — new aerodromes
This MOS applies:
(a) for an aerodrome that comes into operation for the first time after the commencement of this MOS (a new aerodrome); and
(b) to the operator of a new aerodrome.
2.03 Application — Chapter 22
Despite anything else in this MOS, Chapter 22 applies to and for all aerodromes.
2.04 Application — existing aerodromes etc.
(1) Subject to subsection (3), this MOS applies to the operator of an existing aerodrome.
(2) Subject to subsection (3), this MOS applies for an existing aerodrome facility.
(3) The standards in this MOS for an aerodrome facility and the obstacle limitation surfaces associated with a runway (the OLS) do not apply to a grandfathered facility of the same kind if the grandfathered facility:
(a) complies, and continues to comply, with the standards which applied to the aerodrome facility and the OLS immediately before the commencement of this MOS, as if they continued in force (the grandfathered rules); and
(b) is not:
(i) replaced; or
(ii) upgraded; and
(c) is maintained in accordance with the requirements of this MOS for the same kind of facility.
Note Subsection 2.04 (3) indicates when this MOS does not apply to the aerodrome facilities of an existing aerodrome with grandfathered status. Without grandfathered status, all of the requirements of this MOS apply. With grandfathered status, only the standards in this MOS for an aerodrome facility (as defined), and for the obstacle limitation surfaces associated with a runway that is, or is part of, such a facility, do not apply. Instead, the standards for the aerodrome facility and runway-associated obstacle limitation surfaces that previously applied continue to apply. Processes or systems are not aerodrome facilities (as defined) and the standards for these in this MOS apply to the operators of all existing aerodromes from the commencement of this MOS, subject to any relevant transitional provisions that may be included in Part 202 of CASR after the making of this MOS but before it commences.
(3A) The grandfathered rules apply to a grandfathered facility and, for this purpose, the provisions of the Manual of Standards (MOS) – Part 139 Aerodromes for an aerodrome facility (the old MOS) (including the OLS associated with a runway) are incorporated into this MOS, as those provisions were in force immediately before 13 August 2020.
Note Aerodrome facility is defined in subsection 3.01 (2). See also the Note at the end of subsection (3) in relation to processes and systems.
(3B) The requirements of this MOS in relation to an aerodrome facility apply to a grandfathered facility if it fails to comply with the grandfathered rules in accordance with this section.
Note The purpose of subsection (3B) is to remove any doubt that, despite the incorporation of previous standards for certain circumstances, any enforcement action for failure to comply with relevant standards provided for by this MOS will be under Part 139 of CASR and this MOS.
(4) Subject to subsection (5), for subparagraph (3) (b) (ii), the standards in this MOS:
(a) apply only to the upgrading of the specific elements of the facility that are being upgraded; and
(b) do not apply to any other elements of the facility which are not being changed and which, therefore, remain grandfathered until they are either replaced or upgraded.
Note See CASA Advisory Circular (AC) 139.A-03: Application of aerodrome standards, as existing from time to time and freely available on the CASA website, for examples of how subsection (4) operates.
(5) Without otherwise affecting subsection (4):
(a) if a runway is upgraded, the associated OLS must then also comply with the requirements of this MOS for the upgraded runway; and
(b) if the aerodrome reference code of the OLS associated with a runway that is part of a grandfathered facility is changed, the aerodrome reference code of that runway may remain the same but only as long as:
(i) the aerodrome reference code of the OLS associated with the runway is not less than the aerodrome reference code for that runway; or
(ii) the changed aerodrome reference code of the OLS associated with the runway does not result in 1 of the changes mentioned in paragraphs (a) to (g) of the definition of upgrade for that runway.
(6) Despite anything else in this section, this MOS applies to a grandfathered facility if, before the facility is replaced or upgraded, the aerodrome operator has opted-in.
Note For the definition of opted-in, see section 2.01.
2.04A Application — grandfathering of new aerodrome facility developments
(1) In this section:
new aerodrome facility, for an existing aerodrome other than an aerodrome that is compliant with the standards in this MOS for aerodrome facilities, means an aerodrome facility:
(a) that did not exist at the aerodrome before 6 September 2019; and
(b) for which the process of bringing it into existence (the development process) was started by the relevant or proposed aerodrome operator, before 6 September 2019; and
(c) whose construction is completed:
(i) for an aerodrome facility under construction before 6 September 2019 — before 13 November 2021; and
(ii) for an aerodrome facility not under construction before 6 September 2019 — before 13 November 2022.
development process, means any of the following by or for the relevant or proposed aerodrome operator, for construction of the new aerodrome facility:
(a) construction of the new aerodrome facility was underway, provided that, not later than the end of 13 August 2020, the operator satisfies CASA that:
(i) the construction is intended to be completed before 13 November 2021; and
(ii) the operator has a demonstrable plan to achieve such completion;
(b) final building approval was granted by such of the Commonwealth, State, Territory or Local Government authorities (relevant authorities) as are responsible under relevant legislation for granting such a final building approval, provided that, not later than the end of 13 August 2020, the operator satisfies CASA that:
(i) the construction is intended:
(ii) the operator has a demonstrable plan to achieve such a beginning and such a completion;
(c) funding, or funding approval, was granted by such of the relevant authorities as are empowered by relevant legislation to grant funding or approve funding for construction of such a facility, provided that, not later than the end of 13 August 2020, the operator satisfies CASA that:
(i) the construction is intended:
(ii) the operator has a demonstrable plan to achieve such a beginning and such a completion;
(d) application for a final building approval mentioned in paragraph (b), provided that:
(i) the application is successful, and the approval is granted before 13 November 2021; and
(ii) the construction is intended:
(iii) the operator has a demonstrable plan to achieve such a beginning and such a completion; and
(iv) CASA is satisfied, not later than the end of 13 August 2020, that subparagraphs (ii) and (iii) are the case;
(e) application for grant of funding, or funding approval, mentioned in paragraph (c), provided that:
(i) the application is successful and the funding, or funding approval, is granted before 13 November 2021; and
(ii) the construction is intended:
(iii) the operator has a demonstrable plan to achieve such a beginning and such a completion; and
(iv) the operator satisfies CASA that subparagraphs (ii) and (iii) are the case.
(2) Subject to subsection (3), this MOS applies to the relevant or proposed aerodrome operator of a new aerodrome facility (the new aerodrome facility).
(3) The standards in this MOS for an aerodrome facility and the obstacle limitation surfaces associated with a runway (the OLS) do not apply to the new aerodrome facility of the same kind as long as that facility:
(a) complies with the standards under the Manual of Standards (MOS) – Part 139 Aerodromes for the aerodrome facility (including the OLS associated with a runway), as in force immediately before 13 August 2020 (the relevant old MOS rules); and
(b) is not:
(i) replaced; or
(ii) upgraded; and
(c) is maintained in accordance with the requirements of this MOS for the same kind of facility.
Note Subsection 2.04A (3) indicates when this MOS does not apply to a new aerodrome facility. Without this protected status, all of the requirements of this MOS would apply. With protected status, only the standards in this MOS for an aerodrome facility and for the obstacle limitation surfaces associated with a new runway that is, or is part of, such a new facility, do not apply. Instead, the standards for the aerodrome facility and runway-associated obstacle limitation surfaces contained in the relevant old MOS rules apply. Processes or systems are not aerodrome facilities (as defined) and, subject to any transitional provisions, the standards for these in this MOS apply to the operators of all new aerodrome facilities from the completion of construction of the facility until the facility is replaced or upgraded.
(4) The relevant old MOS rules apply to the new aerodrome facility and for this purpose the relevant old MOS rules, including the OLS associated with a runway, as in force immediately before 13 August 2020, are incorporated into this MOS; and
Note Aerodrome facility is defined in subsection 3.01 (2). See also the Note at the end of subsection (3) in relation to processes and systems.
(5) The requirements of this MOS apply to a new aerodrome facility if it fails to comply with the relevant old MOS rules in accordance with this section.
Note The purpose of subsection (5) is to remove any doubt that, despite the incorporation into this MOS of previous standards for certain circumstances (relevant standards), any enforcement action for demonstrable failure to comply with those relevant standards, as provided for by this MOS, will be under Part 139 of CASR and this MOS. This is because the relevant provisions of these 2 instruments constitute the default applicable rules in the event of such a failure.
(6) Despite anything else in this section, this MOS applies to a new aerodrome facility if, before construction of the facility is completed, the relevant or proposed aerodrome operator notifies CASA, in writing, that from a specified date, sooner than would otherwise have been the case under this section, the facility will comply with the requirements of this MOS for the facility.
2.05 Directions to upgrade a part of an existing aerodrome or facility
(1) Subject to subsection (2), if CASA considers that an activity at an existing aerodrome or an existing aerodrome facility would have an adverse effect on aviation safety if it were not considered to be, or deemed to be, a replacement or an upgrade, CASA may use its powers under regulation 11.245 of CASR to direct the aerodrome operator to do 1 or more of the following:
(a) apply this MOS to the activity as if the activity were a replacement or an upgrade;
(b) apply this MOS to another part of the aerodrome or facility as if that other part were directly and significantly affected by the activity.
(2) For subsection (1), CASA must notify an aerodrome operator:
(a) of any proposal to issue a direction under subsection (1); and
(b) that the operator may object to the proposal.
(3) CASA must not issue a direction unless it has considered any objections from the operator that are received within 28 days (or such longer period as CASA permits) after the notification mentioned in subsection (2).
(4) CASA may specify a shorter period than the 28 days mentioned in subsection (3) if CASA determines that aviation safety requires sooner consideration of the matter.
(5) A direction, notification, permission, objection or determination mentioned in this section must be in writing.
(6) If a direction referred to in this section is issued under regulation 11.245 of CASR, the direction ceases to be in force in accordance with regulation 11.250 of CASR.
Note Under regulation 11.250 of CASR, a direction ceases to be in force:
Note: (a) if it specifies a day on which it ceases to be in force — on the specified day; or
Note: (b) if it does not specify a day for that purpose — 1 year after the day it commences.
(7) This section:
(a) applies subject to, and without prejudice to, CASA’s powers under Subpart 11.G of CASR; and
(b) may be applied only insofar as it is consistent with Subpart 11.G of CASR.
2.06 Non-application of the standards
(1) CASA may approve in writing that an operator is not required to meet a standard specified in this MOS.
(2) An approval under subsection (1) must specify the provisions to which the approval applies, and may be 1 or more of the following:
(a) time-limited or open-ended as to its duration;
(b) made subject to conditions.
(3) For subsection (1), CASA may grant an approval if the aerodrome operator:
(a) applies in writing for an approval; and
(b) identifies each of the relevant standards, by reference to the specific provision in the MOS, which it is proposed will not be met, and explains why it will not be met; and
(c) states the length of the period during which each relevant standard will not be met; and
(d) sets out in an accompanying safety assessment:
(i) the effect on aerodrome and aviation safety of not meeting each of the relevant standards; and
(ii) either:
(A) the measures proposed to mitigate those effects; or
(B) the measures proposed to achieve the same safety outcome as the relevant standards in the MOS would achieve; and
(e) satisfies CASA that the approval will not have any adverse effect on aviation safety.