Civil Aviation Amendment Regulations 2003 (No. 1) (Cth)
Civil Aviation Amendment Regulations 2003 (No. 1) 1
Statutory Rules 2003 No. 58 2
I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the
Civil Aviation Act 1988. Dated 7 April 2003
PETER HOLLINGWORTH
Governor-General
By His Excellency’s Command
JOHN ANDERSON
Minister for Transport and Regional Services
These Regulations are the
Civil Aviation Amendment Regulations 2003 (No. 1) .
These Regulations commence as follows:
(a) on gazettal — regulations 1 to 5 and Schedule 3;
(b) on 2 May 2003 — Schedules 1 and 2.
Schedule 1 amends the
Civil Aviation Safety Regulations 1998 .
Schedule 2 amends the
Civil Aviation Regulations 1988 .
Schedule 3 amends the
Civil Aviation Amendment Regulations 2002 (No. 2) .
(regulation 3)
substitute
substitute
omit
Subpart A General 139.000 Make-up of this Part
insert
Subpart 139.A General 139.000 Make-up of this Part
139.005 Applicability of this Part
139.010 Definitions for this Part
139.015 Standards for aerodromes
139.020 Exemptions
139.025 Access to aerodromes
139.030 Aerodromes with non-precision approach runways to be certified or registered
139.035 No effect on operation of
Airports (Building Control) Regulations 1996 etc139.036 Review of decisions
Subpart 139.B Certified aerodromes
Division 139.B.1 Aerodrome certificate 139.040 When an aerodrome certificate is required
139.045 Application for aerodrome certificate
139.050 Grant of aerodrome certificate
139.055 Notice of refusal to grant aerodrome certificate
139.060 Aerodrome certificate may be subject to conditions
139.065 Duration of aerodrome certificate
139.070 Suspension or cancellation by CASA
139.075 Cancellation at request of holder
139.080 Aerodrome certificate not transferable
139.085 Temporary aerodrome certificate
Division 139.B.2 Aerodrome manual 139.090 Preparation and location of aerodrome manual
139.095 Information to be included in aerodrome manual
139.100 Form of aerodrome manual
139.105 Amendments of aerodrome manual
139.110 Notice of amendments
139.115 Aerodrome manual controller
Division 139.B.3 Operation and maintenance of a certified aerodrome 139.120 Care and diligence in operation and maintenance
139.125 Reporting officer
139.130 Works safety officer for aerodrome works other than time-limited works
139.135 Works safety officer for time-limited works
139.140 Training of aerodrome personnel
139.145 Aerodrome manual procedures
139.150 Notice of deviation
139.155 Notice of changes in physical condition etc of aerodrome
139.160 Notice of changes in information published in AIP-ERSA
139.165 Physical characteristics of movement area
139.170 Aerodrome markings
139.175 Signal area
139.180 Wind direction indicators — general
139.185 Wind direction indicators — requirement for certain runways
139.190 Visual approach slope indicator system
139.195 Lighting of movement area
139.200 Checking of lighting systems
139.205 Aerodrome emergency committee
139.210 Aerodrome emergency plan
139.215 Testing of aerodrome emergency plan
139.220 Aerodrome serviceability inspections
139.225 When aerodrome serviceability inspections must be conducted
139.230 Aerodrome technical inspections
139.235 When aerodrome technical inspections must be conducted etc
139.240 Who may conduct aerodrome technical inspections
139.245 Planning and execution of aerodrome works
139.250 Safety management system
Subpart 139.C Registered aerodromes 139.255 Definition for this Subpart
139.260 Application for registration of aerodrome
139.265 Registration of aerodromes
139.270 Notice of refusal to register aerodrome
139.275 Register
139.280 Duration of registration
139.285 Cancellation of registration on request
139.290 Suspension or cancellation of registration by CASA
139.295 Applicable standards for registered aerodromes
139.300 Reporting officer
139.305 Notice of changes in physical condition etc of aerodrome
139.310 Notice of changes in information published in AIP-ERSA
139.315 Safety inspections
139.320 Approval of persons to conduct aerodrome safety inspections
139.325 Duration of approval
139.330 Suspension or cancellation of approval by CASA
Subpart 139.D Reporting officer and safety inspection requirements for certain other aerodromes 139.335 Aerodromes to which this Subpart applies
139.340 Reporting officer
139.345 Safety inspections
Subpart 139.E Obstacles and hazards 139.350 Monitoring of airspace
139.355 Establishment of obstacle limitation surfaces
139.360 Notice of obstacles
139.365 Structures 110 metres or more above ground level
139.370 Hazardous objects etc
Subpart 139.F Aerodrome radio communication services
Division 139.F.1 General 139.375 Aerodrome operators to collect statistics if directed
Division 139.F.2 Frequency confirmation system 139.380 Definitions for Division 139.F.2
139.385 Aerodromes that must have a frequency confirmation system
Division 139.F.3 Air/ground radio service 139.390 Definitions for Division 139.F.3
139.395 Air/ground radio service must be certified
139.400 Direction by CASA to provide CA/GRS
139.405 Voluntary provision of CA/GRS
139.410 Certification of air/ground radio service
139.415 General obligations of aerodrome operator
139.420 When CA/GRS must be operating
139.425 Information about operating hours to be given to NOTAM Office
139.430 Certified air/ground radio operators
139.435 Offences
This Part deals with the operation of aerodromes and includes rules about the following matters:
(a) certification of aerodromes and the requirements that apply to operators of certified aerodromes;
(b) registration of aerodromes and the requirements that apply to operators of registered aerodromes;
(c) reporting officer and safety inspection requirements that apply to operators of certain other aerodromes used for regular public transport operations or charter operations;
(d) obstacles and hazards at aerodromes;
(e) obligations of aerodrome operators in relation to radio communication services and rescue and fire fighting services.
In this Part (other than Subpart 139.H):
Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 139 Aerodromes’ published by CASA, as in force from time to time.
MBZ means mandatory broadcast zone.
The standards for aerodromes are those set out in the Manual of Standards.
(1) CASA may, by instrument, exempt an aerodrome operator from compliance with specified provisions of this Part or specified standards set out in the Manual of Standards.
(2) Before exempting an aerodrome operator, CASA must take into account any relevant considerations relating to the interests of the safety of air navigation.
(3) An exemption is subject to the operator complying with any conditions that CASA specifies in the instrument as being necessary in the interests of the safety of air navigation.
(4) The operator must comply with a condition specified in the instrument.
Penalty: 10 penalty units.
(1) The operator of a certified aerodrome or a registered aerodrome must allow CASA to conduct tests of aerodrome facilities, equipment or operating procedures at the aerodrome for the purpose of ensuring the safety of aircraft.
(2) The operator must allow CASA access to any part of the aerodrome or any aerodrome facilities, equipment or records for the purposes of subregulation (1).
(3) CASA:
(a) must give reasonable notice of any tests to be conducted to the operator; and
(b) must carry out the tests at a reasonable time.
(4) Subregulations (1) and (2) do not limit the operation of regulation 305 of CAR.
139.030 Aerodromes with non-precision approach runways to be certified or registered
(1) A person must not operate an aerodrome to which subregulation (3) applies if the aerodrome is not a certified aerodrome or a registered aerodrome.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) This subregulation applies to an aerodrome that:
(a) is available for public use; and
(b) has a non-precision approach runway.
139.035 No effect on operation of Airports (Building Control) Regulations 1996 etc Nothing in this Part affects the operation of the
Airports (Building Control) Regulations 1996 , theAirports (Protection of Airspace) Regulations 1996 or theAirports (Control of On‑Airport Activities) Regulations 1997 .
Application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision under regulation 139.020 not to grant an exemption under that regulation; or
(b) a direction given by CASA under regulation 139.145; or
(c) a decision under Subpart 139.C refusing to register, or suspending or cancelling the registration of an aerodrome.
(1) A person must not operate an aerodrome to which subregulation (3) applies if the aerodrome is not a certified aerodrome.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) This subregulation applies to an aerodrome that:
(a) has a runway that is suitable for use by aircraft having:
(i) a maximum passenger seating capacity of more than 30 seats; or
(ii) a maximum carrying capacity of more than 3 400 kilograms; and
(b) is available for use in regular public transport operations or charter operations by such aircraft.
Note A person must not operate an aerodrome that is available for public use and has a non-precision approach runway if the aerodrome is not a certified aerodrome or a registered aerodrome (see regulation 139.030).
(1) A person may apply to CASA for an aerodrome certificate authorising the person to operate an aerodrome at the place specified in the application.
(2) The application must be in the approved form.
Note A person who operates an aerodrome for which an aerodrome certificate is not required may apply for an aerodrome certificate.
CASA must grant an aerodrome certificate to an applicant under regulation 139.045 if:
(a) the aerodrome’s facilities and equipment are in accordance with the standards specified in the Manual of Standards for a certified aerodrome; and
(b) the aerodrome’s operating procedures make satisfactory provision for the safety of aircraft; and
(c) an aerodrome manual, in accordance with regulation 139.095, has been prepared for the aerodrome; and
(d) the applicant would, if the certificate is granted, be able properly to operate and maintain the aerodrome.
139.055 Notice of refusal to grant aerodrome certificate If CASA refuses to grant an aerodrome certificate to an applicant, CASA must give the applicant written notice of the refusal, and the reasons for it, no later than 14 days after CASA refuses to grant the certificate.
139.060 Aerodrome certificate may be subject to conditions (1) CASA may grant an aerodrome certificate subject to any condition that CASA considers necessary in the interests of the safety of aircraft.
(2) If CASA decides to grant an aerodrome certificate subject to a condition, CASA must give the applicant written notice of the reasons for the decision.
(3) A condition must be set out on the certificate or in the notice given to the applicant under subregulation (2).
(4) An aerodrome operator must not contravene a condition of the operator’s aerodrome certificate.
Penalty: 25 penalty units.
(1) An aerodrome certificate remains in force unless it is cancelled.
(2) However, the certificate is not in force during any period in which it is suspended.
(1) CASA may, by written notice given to the holder of an aerodrome certificate, suspend or cancel the certificate if there are reasonable grounds for believing that:
(a) a condition to which the certificate is subject has been breached; or
(b) the aerodrome facilities, operations or maintenance are not of the standard necessary in the interests of the safety of air navigation; or
(c) the holder has failed to comply with regulation 139.025.
(2) Before suspending or cancelling an aerodrome certificate, CASA must:
(a) give to the holder a show cause notice that:
(i) sets out the facts and circumstances that, in the opinion of CASA, would justify the suspension or cancellation; and
(ii) invites the holder to show cause, in writing, within 30 days after the date of the notice, why the certificate should not be suspended or cancelled; and
(b) take into account any written submissions that the holder makes to CASA within the time allowed under subparagraph (a) (ii).
(1) If the holder of an aerodrome certificate wishes the certificate to be cancelled, the holder must give CASA not less than 30 days’ written notice of the date on which the holder wishes the certificate to be cancelled.
(2) CASA must cancel the certificate on the date specified in the notice.
An aerodrome certificate is not transferable.
(1) CASA may grant a temporary aerodrome certificate to an applicant under regulation 139.045 if:
(a) the applicant’s application is for a certificate to operate an aerodrome for which an existing aerodrome certificate is in force; and
(b) the holder of the existing aerodrome certificate has given CASA notice under regulation 139.075 for the certificate to be cancelled; and
(c) the cancellation of the existing aerodrome certificate will have effect before CASA can fully consider the applicant’s application; and
(d) CASA is satisfied that the applicant will be able to properly operate and maintain the aerodrome for the duration of the temporary certificate.
(2) A temporary aerodrome certificate must not be granted for a period of longer than 60 days.
139.090 Preparation and location of aerodrome manual (1) The operator of a certified aerodrome must have an aerodrome manual, in accordance with regulation 139.095, for the aerodrome.
Penalty: 10 penalty units.
(2) The operator must give CASA a copy of the manual and must keep another copy at the operator’s principal place of business or at the aerodrome.
Penalty: 10 penalty units.
(3) The operator must make the copy of the manual kept at the operator’s principal place of business or at the aerodrome available to authorised persons during normal business hours.
Penalty: 10 penalty units.
(4) Strict liability applies to the physical element of an offence against subregulation (1) that the operator is required to have an aerodrome manual for the aerodrome.
(5) An offence against subregulation (2) or (3) is an offence of strict liability.
139.095 Information to be included in aerodrome manual For subregulation 139.090 (1), the aerodrome manual must include:
(a) the following information, to the extent that the information is applicable to the aerodrome:
(i) the particulars of the aerodrome site mentioned in Appendix 1 to this subparagraph;
(ii) the particulars of the aerodrome administration and operating procedures mentioned in Appendix 1 to this subparagraph;
(iii) the particulars of the aerodrome to be notified in AIP-ERSA, mentioned in Appendix 1 to this subparagraph;
(iv) particulars of any condition to which the operator’s aerodrome certificate is subject;
(v) particulars of any direction given to the operator by CASA under regulation 139.105; and
(b) if particular information referred to in paragraph (a) is not included in the manual because it is not applicable to the aerodrome:
(i) a statement to the effect that the information is not applicable; and
(ii) the reasons why it is not applicable; and
(c) if CASA gives the operator an exemption under regulation 139.020 in relation to the aerodrome:
(i) any identifying number given to the exemption by CASA; and
(ii) the date on which the exemption came into effect; and
(iii) any condition subject to which the exemption is granted.
Appendix 1 to subparagraph 139.095 (a) (i) (Particulars of the aerodrome site)
Aerodrome site For subparagraph 139.095 (a) (i), the particulars are as follows:
(a) a plan of the aerodrome showing the main aerodrome facilities, including the wind direction indicators, for the operation of the aerodrome;
(b) a plan of the aerodrome showing the aerodrome boundaries;
(c) a plan showing the distance of the aerodrome from the nearest city, town or other populous area, and the location of any aerodrome facilities and equipment outside the boundaries of the aerodrome;
(d) either:
(i) particulars of title of the aerodrome site; or
(ii) if the boundaries of the aerodrome are not defined in the documents of title — the particulars of the title to, or interests in, the property on which the aerodrome is located and a plan showing the boundaries and position of the aerodrome.
Appendix 1 to subparagraph 139.095 (a) (ii) (Particulars of the aerodrome administration and operating procedures) For subparagraph 139.095 (a) (ii), the particulars are as follows:
Aerodrome administration
(a) particulars of the aerodrome administration including the following:
(i) the organisational structure;
(ii) the management positions responsible for the operation and maintenance of the aerodrome;
(iii) contact details of the person who is the aerodrome manual controller;
(iv) contact details for the main persons responsible for aerodrome operations and safety functions;
Aerodrome emergency plan
(b) particulars of the aerodrome emergency plan, including details of the following:
(i) the composition of the aerodrome emergency committee and contact details for the emergency service organisations represented on the committee;
(ii) a description of the role of each emergency service organisation involved in the plan;
(iii) the activation, control and coordination of the emergency service organisations during an emergency;
(iv) the aerodrome’s emergency facilities and arrangements for keeping them in readiness;
(v) the operational response to an emergency, including arrangements for aerodrome access and assembly areas;
(vi) the response to a local stand-by call out;
(vii) the response to a full emergency call out;
(viii) the arrangements to return the aerodrome to operational status after an emergency;
(ix) the arrangements for periodic review and testing of the aerodrome emergency plan;
Aerodrome lighting
(c) particulars of the procedures for the inspection and maintenance of the aerodrome lighting (including obstacle lighting) and the supply of stand-by power (if any), including details of the following:
(i) the arrangements for carrying out inspections and the checklist for inspections;
(ii) the arrangements for recording the results of inspections and for taking follow-up action to correct deficiencies;
(iii) the arrangements for switching lights on and off, including back-up arrangements for pilot-activated lighting;
(iv) the arrangements for carrying out routine maintenance and emergency maintenance;
(v) the arrangements for stand-by power, if any, and, if applicable, particulars of any other method of dealing with partial or total system failure;
(vi) the names and roles of the persons who are responsible for the inspection and maintenance of the lighting and the telephone numbers for contacting them during and after working hours;
Aerodrome reporting
(d) particulars of the procedures for reporting any changes to the aerodrome information set out in AIP and procedures for requesting the issue of NOTAMS, including details of the following:
(i) the arrangements for reporting any changes that may affect aircraft operations to AIS and local air traffic services and recording the reporting of changes during and outside the normal hours of aerodrome operation;
(ii) the contact details for the persons and organisations to which changes are to be reported;
(iii) the name of the reporting officer responsible for reporting the changes and the telephone numbers for contacting him or her during and after working hours;
(iv) the arrangements for reporting changes of aerodrome information published in AIP to AIS and CASA;
(v) the arrangements for keeping records of reports made;
Unauthorised entry to aerodrome
(e) particulars of the procedures for preventing the unauthorised entry of persons, vehicles, equipment, plant or animals, or other things that may endanger aircraft safety, into the movement area, including details of the following:
(i) the arrangements for controlling airside access;
(ii) the names and roles of the persons who are responsible for controlling access to the movement area and the telephone numbers for contacting them during and after working hours;
Aerodrome serviceability inspections
(f) particulars of the procedures for carrying out aerodrome serviceability inspections, including details of the following:
(i) the arrangements for carrying out the inspections during and after working hours;
(ii) details of the intervals at which the inspections are carried out and the times of the inspections;
(iii) the arrangements for keeping an inspection logbook and the place where the logbook is kept;
(iv) details of the inspection checklist;
(v) the arrangements for communicating with air traffic control during the inspections;
(vi) the arrangements for reporting the results of the inspections and for taking prompt follow-up action to ensure correction of unsafe conditions;
(vii) the names and roles of the persons who are responsible for carrying out the inspections and the telephone numbers for contacting them during and after working hours;
Aerodrome technical inspections
(g) particulars of the procedures for carrying out aerodrome technical inspections, including details of the following:
(i) the items that need to be technically inspected and when the inspections are to be carried out;
(ii) the arrangements for technically qualified people to carry out the technical inspections;
(iii) the arrangements for recording the results of the inspections and for taking prompt follow-up action to ensure correction of defects;
Aerodrome works safety
(h) particulars of the procedures for planning and safely carrying out aerodrome works (including works that may have to be carried out at short notice), including details of the following:
(i) the preparation of a method-of-working plan identifying areas of the aerodrome affected during each stage of the work and steps taken to ensure safety standards are met;
(ii) the distribution list for the method-of-working plan;
(iii) the arrangements for telling aircraft operators and other aerodrome users of the method-of-working plan and the telephone numbers for contacting those operators and users during and after working hours;
(iv) the arrangements for communicating with air traffic control and aircraft during the carrying out of the works;
(v) the arrangements for carrying out time-limited works;
(vi) the names, telephone numbers and roles of the persons and organisations responsible for planning and carrying out the works, and the arrangements for contacting those persons and organisations at all times;
Aircraft parking control
(i) particulars of the procedures for aircraft parking control, if established, including details of the following:
(i) the arrangements between air traffic control and apron management;
(ii) the arrangements for allocating aircraft parking positions;
(iii) the arrangements for initiating engine start and ensuring clearances for aircraft push-back;
(iv) an inventory and description of the activation and deactivation of any visual docking guidance system used at the aerodrome;
(v) the marshalling service;
(vi) the leader (van) service or follow-me service;
(vii) the names, telephone numbers and roles of the persons responsible for planning and implementing aircraft parking control;
Airside vehicle control
(j) if procedures have been established at the aerodrome for the control of surface vehicles operating on or near the movement area, particulars of those procedures, including details of the following:
(i) the applicable traffic rules (including speed limits) and the means of enforcement of the rules;
(ii) the method of instructing and testing drivers in relation to the applicable traffic rules;
(iii) the names, telephone numbers and roles of the persons who are responsible for airside vehicle control;
Bird and animal hazard management
(k) particulars of the procedures to deal with danger to aircraft operations caused by the presence of birds or animals on or near the aerodrome, including details of the following:
(i) the arrangements for assessing any bird or animal hazard;
(ii) the arrangements for the removal of any bird or animal hazard;
(iii) the names and roles of the persons responsible for dealing with bird or animal hazards, and the telephone numbers for contacting them during and after working hours;
Obstacle control
(l) particulars of the following:
(i) the procedures for monitoring the obstacle limitation surfaces and the Type A chart take-off surface for obstacles;
(ii) the procedures for monitoring building developments (in relation to the height of buildings and other structures) within the horizontal limits of the obstacle limitation surfaces;
(iii) if the aerodrome has instrument approach procedures — the procedures for monitoring for new objects or building developments in any other areas nominated by the instrument procedure designers;
(iv) the arrangements between CASA, local planning authorities and other relevant organisations in relation to the approval of building developments that may infringe the obstacle limitation surfaces;
(v) the names, telephone numbers and roles of the persons responsible for planning and implementing obstacle control;
Disabled aircraft removal
(m) particulars of the procedures for removing an aircraft that is disabled on or near the movement area, including details of the following:
(i) the roles of the aerodrome operator and the holder of the aircraft’s certificate of registration;
(ii) the arrangements for telling the holder of the certificate of registration;
(iii) the arrangements for liaising with air traffic control and the Australian Transport Safety Bureau;
(iv) the arrangements for obtaining equipment and persons to remove the aircraft;
(v) the names and roles of the persons who are responsible for arranging for the removal of an aircraft which is disabled, and the telephone numbers for contacting them during and after working hours;
Handling of hazardous materials
(n) particulars of the procedures for the safe handling of hazardous materials on the aerodrome, including details of the following:
(i) the names, telephone numbers and roles of the persons who are to receive and handle hazardous materials;
(ii) the arrangements for special areas on the aerodrome to be set up for the storage of flammable liquids (including aviation fuels) and any other hazardous materials;
(iii) the methods to be followed for the delivery, storage, dispensing and handling of these materials;
Note 1 Hazardous materials include explosives, flammable liquids and solids, corrosive liquids, compressed gases, and magnetised or radioactive materials.
Note 2 The arrangements to deal with an accidental spillage of hazardous materials are to be set out in the aerodrome emergency plan.
Protection of radar and navigational aids
(o) particulars of the procedures for the protection of radar and navigational aids located on the aerodrome to ensure that their performance will not be degraded, including details of the following:
(i) the arrangements for the control of activities near radar and navigational aid installations;
(ii) the arrangements, made in consultation with the provider of the navigational aid installation, for the supply and installation of signs warning of hazardous microwave radiation;
(iii) the arrangements for ground maintenance near these installations;
Low visibility operations
(p) particulars of the procedures for the management of ground activities at an aerodrome where low visibility operations are conducted, including details of the following:
(i) the arrangements for measuring visibility along a runway and passing the information to air traffic control, if required;
(ii) the arrangements for minimising vehicular traffic within the movement area during periods of low visibility operations;
(iii) the arrangements for runway inspections during periods of low visibility operations;
(iv) the names and roles of the persons who are responsible for managing low visibility operations, and the telephone numbers for contacting them during and after work hours.
Appendix 1 to subparagraph 139.095 (a) (iii) (Particulars of the aerodrome to be notified in AIP‑ERSA) For subparagraph 139.095 (a) (iii), the particulars are:
General information
(a) the following general information about the aerodrome:
(i) the name of the aerodrome;
(ii) the State or Territory where the aerodrome is located;
(iii) the geographic coordinates of the aerodrome reference point;
(iv) the elevation of the aerodrome, based on the Australian Height Datum;
(v) details of the aerodrome beacon;
(vi) the name of the aerodrome operator and the address and telephone numbers at which the aerodrome operator may be contacted at all times; and
Information for runways
(b) the following information for each runway at the aerodrome:
(i) the magnetic bearing of the runway and the runway number;
(ii) the runway reference code number for the approach and take-off areas that have been surveyed;
(iii) the length, width and slopes of the runway;
(iv) the length and width of the graded and overall runway strip;
(v) the pavement surface type and its strength rating;
(vi) the runway declared distances and take-off gradient;
(vii) the supplementary take-off distances;
(viii) the Aerodrome Obstacle Chart Type A, if applicable; and
Information about visual aid systems (c) the following information about visual aid systems at the aerodrome:
(i) the type of runway lighting and the stand-by power, if any, for that lighting;
(ii) the type of approach lighting;
(iii) the visual approach slope indicator system, if any;
(iv) a description of the visual docking guidance systems at any aprons used by aircraft conducting international operations, and the aircraft parking positions where the systems are installed; and
Local information (d) the following local information about the aerodrome:
(i) the hours of operation, if applicable;
(ii) the available ground services;
(iii) any special procedures;
(iv) any local precautions.
(1) The operator of a certified aerodrome must keep the copies of the aerodrome manual for the aerodrome in a printed form.
Penalty: 10 penalty units.
(2) Other copies of the manual may be kept in an electronic form.
(3) If CASA approves, the manual may consist of more than 1 document.
(4) The operator must keep the manual in a way that tells a person reading the manual:
(a) when changes have been made to the information in the manual; and
(b) whether the manual is up-to-date.
Penalty: 10 penalty units.
(5) An offence against subregulation (1) or (4) is an offence of strict liability.
(1) The operator of a certified aerodrome must amend the aerodrome manual for the aerodrome, whenever it is necessary to do so, to maintain the accuracy of the manual.
Penalty: 10 penalty units.
(2) To maintain the accuracy of the aerodrome manual, CASA may give written directions to the operator requiring the operator to amend the manual in accordance with the direction.
(3) An operator must comply with a direction given to the operator under subregulation (2).
Penalty: 10 penalty units.
(1) The operator of a certified aerodrome must tell CASA, in writing, of any amendment that the operator makes to the aerodrome manual for the aerodrome within 30 days after the amendment is made.
Penalty: 5 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(1) The operator of a certified aerodrome must appoint a person to be the aerodrome manual controller for the aerodrome’s aerodrome manual.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) The functions of the aerodrome manual controller are to ensure that:
(a) a record is kept of the persons who hold copies of the whole or a part of the aerodrome manual; and
(b) updates of information for the manual are distributed to those persons.
Division 139.B.3 Operation and maintenance of a certified aerodrome
139.120 Care and diligence in operation and maintenance The operator of a certified aerodrome must ensure that the aerodrome is operated and maintained with a reasonable degree of care and diligence.
Penalty: 20 penalty units.
(1) The operator of a certified aerodrome must appoint 1 or more reporting officers for the aerodrome.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) The functions of a reporting officer are:
(a) to monitor the serviceability of the aerodrome; and
(b) to report to the NOTAM Office and air traffic control any changes in conditions, or any other occurrences, at the aerodrome that must be reported under subregulation 139.155 (1).
(4) The operator must not appoint a person as a reporting officer if the person has not been trained, in accordance with the Manual of Standards, to perform the reporting officer’s functions.
Penalty: 10 penalty units.
139.130 Works safety officer for aerodrome works other than time-limited works
(1) If aerodrome works (other than time-limited works) are being carried out at a certified aerodrome, the operator of the aerodrome must appoint 1 or more persons as works safety officers for the aerodrome works.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) The function of a works safety officer is to ensure aerodrome safety while the aerodrome works are being carried out.
(4) The operator must not appoint a person as a works safety officer for the aerodrome works if the person has not been trained, in accordance with the Manual of Standards, to perform the works safety officer’s function.
Penalty: 10 penalty units.
139.135 Works safety officer for time-limited works If time-limited works are being carried out at a certified aerodrome, the operator of the aerodrome must ensure that a person who has been trained, in accordance with the Manual of Standards, to perform the function of a works safety officer performs that function for those works.
Penalty: 10 penalty units.
The operator of a certified aerodrome must ensure that all personnel of the operator are trained in accordance with the standards for training aerodrome personnel set out in the Manual of Standards.
Penalty: 20 penalty units.
(1) Subject to any directions issued under subregulation (2), the operator of a certified aerodrome must operate and maintain the aerodrome in accordance with the procedures set out in the aerodrome manual for the aerodrome.
Penalty: 25 penalty units.
(2) CASA may direct the operator of a certified aerodrome to change the procedures set out in the aerodrome manual, if CASA considers it necessary in the interests of the safety of aircraft.
(3) An operator must comply with a direction given to the operator under subregulation (2).
Penalty: 25 penalty units.
(1) This regulation applies if a deviation from a procedure set out in the aerodrome manual for a certified aerodrome is made to ensure the safety of aircraft.
(2) The operator of the aerodrome must tell CASA, in writing, of the deviation within 30 days after the deviation was made.
Penalty: 5 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
139.155 Notice of changes in physical condition etc of aerodrome (1) The operator of a certified aerodrome must, in accordance with the Manual of Standards, give notice to the NOTAM Office of:
(a) any temporary or permanent change in the physical condition of the aerodrome that may affect the safety of aircraft; and
(b) any other occurrence relating to the operation or maintenance of the aerodrome that may affect the safety of aircraft.
Penalty: 10 penalty units.
(2) If the aerodrome is a controlled aerodrome, the notice must also be given to air traffic control.
Penalty: 10 penalty units.
139.160 Notice of changes in information published in AIP‑ERSA (1) To maintain the accuracy of the information published in AIP‑ERSA in relation to a certified aerodrome, the operator of the aerodrome must tell AIS, in writing, as soon as practicable of any change required to that information (other than a change that is published in NOTAMS).
Penalty: 5 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
The operator of a certified aerodrome must ensure that the physical characteristics of the movement area comply with the standards set out in the Manual of Standards.
Penalty: 10 penalty units.
(1) The operator of a certified aerodrome must mark the following areas of the aerodrome in accordance with the standards set out in the Manual of Standards:
(a) the movement area;
(b) any unserviceable area;
(c) any works area on or near the movement area.
Penalty: 10 penalty units.
(2) The operator must ensure that all aerodrome markings are maintained in accordance with the standards set out in the Manual of Standards.
Penalty: 10 penalty units.
(3) In this regulation:
unserviceable area means a part of the movement area that is unavailable for use by aircraft.
works area means a part of the aerodrome in which maintenance or construction works are in progress that may endanger the safety of aircraft.
(1) The operator of a certified aerodrome that does not have a continuous air traffic service provided by air traffic control during the day must provide a signal area in accordance with the standards set out in the Manual of Standards.
Penalty: 10 penalty units.
(2) The operator must display an appropriate signal in the signal area in any circumstances set out in the Manual of Standards that require such a signal to be displayed.
Penalty: 10 penalty units.
(3) The operator must ensure that the signal area and any signal displayed in it are clearly visible to any aircraft intending to use the aerodrome.
Penalty: 10 penalty units.
The operator of a certified aerodrome must, in accordance with the standards for wind direction indicators set out in the Manual of Standards, install and maintain at least 1 wind direction indicator at the aerodrome.
Penalty: 10 penalty units.
139.185 Wind direction indicators — requirement for certain runways
(1) If a runway at a certified aerodrome is used in non-precision approach operations, the operator of the aerodrome must ensure that there is a wind direction indicator near the end or ends of the runway at which instrument non-precision approach operations can be conducted.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) CASA may exempt the operator under regulation 139.020 from compliance with subregulation (1) only if CASA is satisfied that surface wind information is passed to the pilots of aircraft approaching the runway by:
(a) an automatic weather observing system that:
(i) is compatible with the Bureau of Meteorology’s weather observing system; and
(ii) provides surface wind information through an aerodrome weather information broadcast; or
(b) an approved observer having a communication link with pilots through which timely information about surface wind can be clearly passed to pilots; or
(c) any other approved means of providing surface wind information.
(1) The operator of a certified aerodrome must, in accordance with the standards for visual approach slope indicator systems set out in the Manual of Standards, provide an approved visual approach slope indicator system for the end of a runway at the aerodrome if that end is regularly used as the approach end for jet-propelled aircraft conducting regular public transport operations or charter operations.
Note At the commencement of this regulation, the visual approach slope indicator systems approved by CASA are the systems known as T-VASIS, AT-VASIS and PAPI.Penalty: 10 penalty units.
(2) CASA may direct the operator to provide an approved visual approach slope indicator system for the approach end or ends of a runway to which subregulation (1) does not apply, if CASA considers it necessary in the interests of the safety of aircraft.
(3) The operator must comply with a direction given to the operator under subregulation (2).
Penalty: 10 penalty units.
(1) If a certified aerodrome is available for an aircraft to land or take-off at night, or in less than VMC during the day, the operator of the aerodrome must provide and maintain a lighting system for the movement area of the aerodrome that is in accordance with subregulations (2) and (3).
Penalty: 20 penalty units.
(2) The lighting system must include:
(a) lighting of runways, taxiways and aprons intended for use at night or in less than VMC during the day; and
(b) lighting of at least 1 wind direction indicator; and
(c) lighting of obstacles within the movement area; and
(d) if the aerodrome has a runway intended to serve Category I, II or III precision approach operations — approach, runway and taxiway lighting for the runway and taxiway.
(3) The lighting system must:
(a) if the lighting system is of a kind for which standards are specified in the Manual of Standards — meet those standards; or
(b) in any other case — be, or be of a kind, approved by CASA.
(1) The operator of a certified aerodrome must not put a new lighting system of a kind mentioned in subregulation (3) into service at the aerodrome if both of the following requirements are not met:
(a) an approved pilot has conducted a flight check of the system;
(b) an electrical engineer or a licensed electrician has checked the system for compliance with any applicable electrical specifications and technical standards set out in the Manual of Standards.
Penalty: 10 penalty units.
(2) If checking compliance with a specification requires the use of survey instruments, the operator must ensure that the checking is done by:
(a) a person with a degree, diploma or certificate in surveying or civil engineering; or
(b) a person with experience and competence in surveying that is acceptable to CASA.
Penalty: 10 penalty units.
(3) For subregulation (1), the kinds of lighting systems are as follows:
(a) an approach lighting system;
(b) a runway lighting system for instrument approach runways;
(c) a visual approach slope indicator system for jet-propelled aircraft (other than a system intended for use on a temporary basis for a period not longer than 30 days);
(d) a pilot-activated lighting system.
(1) The operator of a certified aerodrome must establish an aerodrome emergency committee.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) The committee must include a representative from any fire, police or other emergency service that, having regard to the location of the aerodrome, would be likely to be asked to assist if there were an emergency at the aerodrome.
(1) The aerodrome emergency committee for a certified aerodrome must prepare an aerodrome emergency plan.
(2) The plan must include:
(a) procedures for coordinating the responses of all emergency service organisations referred to in the plan; and
(b) any other matters that are required to be included in the emergency plan by the Manual of Standards.
(3) The committee must review the emergency plan at least once a year and make any changes to the plan that are necessary to ensure that it operates properly.
(4) The review must be carried out in consultation with the emergency service organisations referred to in the emergency plan.
(5) As soon as practicable after an emergency exercise has been carried out at the aerodrome, or if an emergency has occurred at the aerodrome, as soon as practicable after the emergency, the operator of the aerodrome must arrange for the committee to:
(a) review the effectiveness of the responses to the exercise or the emergency; and
(b) assess the adequacy of the emergency plan to deal with emergencies at the aerodrome; and
(c) take such corrective action as is necessary to ensure that the plan operates properly.
(6) The operator must ensure that:
(a) records of each review of the emergency plan carried out under this regulation are kept; and
(b) each record is retained for at least 3 years after the review to which the record relates was carried out.
Penalty: 10 penalty units.
(7) An offence against subregulation (6) is an offence of strict liability.
(1) Subject to this regulation, the operator of a certified aerodrome must conduct an emergency exercise at least once every 2 years to test:
(a) the coordination of the emergency service organisations referred to in the aerodrome’s emergency plan; and
(b) the adequacy of the procedures and facilities provided for in the plan.
Penalty: 10 penalty units.
(2) If a real emergency occurs at the aerodrome within 6 months before an emergency exercise is due, the operator may ask CASA to extend the period within which the next emergency exercise must be conducted.
(3) CASA must grant the request if it is satisfied that:
(a) all emergency service organisations referred to in the plan responded to the real emergency; and
(b) the real emergency adequately tested the plan.
(4) In granting the request, CASA may extend the period until the end of 2 years after the real emergency occurred.
(1) An
aerodrome serviceability inspection is an inspection of the aerodrome to ensure that it is safe for aircraft operations.(2) The inspection must include the following:
(a) an inspection of the movement area to check its surface condition (including for the presence of foreign objects);
(b) an inspection of aerodrome markings, lighting, wind direction indicators and ground signals;
(c) an inspection for any obstacles infringing the take-off, approach and transitional surfaces;
(d) an inspection for any birds or animals on or near the movement area;
(e) an inspection of any measures to control the inadvertent entry of persons or animals into the movement area (including aerodrome fencing);
(f) an empirical assessment of the bearing strength of unrated runway pavements;
(g) an empirical assessment of the runway strip or each runway strip where the runway concerned is not marked and the whole runway strip may be used for aircraft operations;
(h) an inspection of the aerodrome’s frequency confirmation system (if any);
(i) a check of whether any NOTAMS for the aerodrome are current and accurate.
(3) The inspection must comply with all applicable standards for aerodrome serviceability inspections set out in the Manual of Standards.
139.225 When aerodrome serviceability inspections must be conducted
(1) The operator of a certified aerodrome must conduct an aerodrome serviceability inspection:
(a) on each day on which an airline service operates at the aerodrome; or
(b) in any other case — at least twice a week.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) The operator of a certified aerodrome must also conduct an aerodrome serviceability inspection:
(a) after a gale, storm or other severe weather; and
(b) at any time that air traffic control or CASA requires the inspection.
Penalty: 10 penalty units.
(1) An
aerodrome technical inspection is an inspection of aerodrome facilities for an aerodrome to ensure that any deterioration that could make a facility unsafe for aircraft operations is detected.(2) The inspection must include the following:
(a) an instrument survey of the approach, take-off and transitional surfaces;
(b) an inspection and testing of the aerodrome lighting and electrical reticulation systems, including the visual approach slope indicator;
(c) an electrical testing of any earthing points at the aerodrome;
(d) an inspection and assessment of the movement area pavements and drainage;
(e) an inspection of signs on the movement area;
(f) an inspection of facilities at the aerodrome used for any of the following:
(i) aerodrome emergencies;
(ii) the handling of hazardous materials;
(iii) bird and animal hazard management;
(iv) stand-by and emergency aerodrome lighting;
(g) an inspection of airside vehicle control arrangements (if any);
(h) a check of the currency and accuracy of:
(i) aerodrome information published in AIP; and
(ii) aerodrome operating procedures specified in the aerodrome manual for the aerodrome.
(3) The inspection must comply with all applicable standards for aerodrome technical inspections set out in the Manual of Standards.
139.235 When aerodrome technical inspections must be conducted etc
(1) The operator of a certified aerodrome must ensure that:
(a) an aerodrome technical inspection is conducted at intervals of not more than 12 months; or
(b) if the operator has elected to have a part or parts of the inspection conducted at different times under subregulation (2), each facility for the aerodrome to be inspected is inspected at intervals of not more than 12 months.
Penalty: 10 penalty units.
(2) The operator may elect to have a part or parts of an aerodrome technical inspection conducted at different times from the other parts.
(3) If it appears from an aerodrome serviceability inspection that a particular facility at the aerodrome requires an aerodrome technical inspection, the operator must ensure that the necessary technical inspection of the facility is conducted as soon as practicable.
Penalty: 10 penalty units.
(4) The operator:
(a) must, if the operator has elected to have a part or parts of an aerodrome technical inspection conducted at different times under subregulation (2):
(i) keep records of each part of each inspection; and
(ii) retain each record for at least 3 years after the part of the inspection to which the record relates was conducted; or
(b) must, in any other case:
(i) keep records of each inspection; and
(ii) retain each record for at least 3 years after the inspection to which the record relates was conducted.
Penalty: 10 penalty units.
(5) An offence against subregulation (1) or (4) is an offence of strict liability.
139.240 Who may conduct aerodrome technical inspections
(1) The operator of a certified aerodrome must ensure that an aerodrome technical inspection is conducted by a person or persons with appropriate technical qualifications and experience.
Penalty: 10 penalty units.
(2) In particular:
(a) the movement area, other pavements and drainage must be inspected by a person who has a recognised degree, diploma or certificate in civil engineering or appropriate technical experience; and
(b) the lighting and electrical facilities must be inspected by an electrical engineer or a licensed electrician; and
(c) the obstacle limitation surfaces must be inspected by a person who:
(i) is technically qualified or experienced in surveying; and
(ii) has a sound knowledge and understanding of the standards and survey procedures for obstacle limitation surfaces.
(1) The operator of a certified aerodrome must ensure that any aerodrome works at the aerodrome are carried out in a way that does not create a hazard to aircraft, or confusion to pilots.
Penalty: 10 penalty units.
(2) The operator must comply with the standards set out in the Manual of Standards in relation to planning and notice requirements that must be satisfied before aerodrome works may be carried out.
Penalty: 10 penalty units.
(1) This regulation applies:
(a) to an aerodrome used by aircraft engaged in international operations — on and after 1 November 2005; and
(b) to any other certified aerodrome — on and after 1 January 2007.
(2) The operator of a certified aerodrome to which this regulation applies must ensure that the aerodrome has a safety management system that complies with the standards set out in the Manual of Standards.
Penalty: 10 penalty units.
Note This regulation is based on an ICAO requirement that is to come into effect in November 2005.
In this Subpart:
aerodrome register means the register established and maintained under regulation 139.275.
(1) The operator of an aerodrome (other than a aerodrome to which regulation 139.040 applies) may apply to CASA for registration of the aerodrome.
Note A person must not operate an aerodrome that is available for public use and has a non-precision approach runway if the aerodrome is not a certified aerodrome or a registered aerodrome (see regulation 139.030).
(2) An application must be in the approved form and must be accompanied by:
(a) the information about the aerodrome required by Appendix 1 to this paragraph, including a diagram of the aerodrome in accordance with that Appendix; and
(b) a written statement, signed by a person approved under regulation 139.320, to the effect that:
(i) the person has conducted a safety inspection of the aerodrome; and
(ii) the aerodrome meets the applicable standards referred to in regulation 139.295 for registered aerodromes and is safe for operation; and
(c) the name or names of the person or persons who are to be the reporting officers for the aerodrome.
(3) Despite paragraph (2) (b), for 3 years after the commencement of this regulation, the statement mentioned in that paragraph may be given by a person who is not approved by CASA under regulation 139.320 but is a person CASA is satisfied meets the requirements of subregulation 139.320 (2).
Appendix 1 to paragraph 139.260 (2) (a) (Diagram and information for application for registration of aerodrome)
(1) The diagram of the aerodrome must show the following:
(a) the layout of runways, their designations (runway numbers) and length in metres;
(b) the layout of taxiways and aprons;
(c) the location of the aerodrome reference point;
(d) the location of all wind direction indicators;
(e) the elevation of the aerodrome at the highest point of the landing surface;
(f) the magnetic bearing and distance to the nearest population centre, and what that centre is.
(2) The information about the aerodrome must include:
Aerodrome administration
(a) the following information about the aerodrome and its administration:
(i) the name of the aerodrome;
(ii) the name of the aerodrome operator and the address and telephone numbers at which the aerodrome operator may be contacted at all times;
(iii) the State or Territory in which the aerodrome is located and the latitude and longitude for the location;
(iv) whether the aerodrome is a public or private aerodrome;
(v) the charges for use of the aerodrome;
(vi) the name and contact details for the persons who are to be the reporting officers for the aerodrome; and
Runways
(b) the following information for each runway at the aerodrome:
(i) the runway reference code number for the approach and take-off areas that have been surveyed;
(ii) runway width and slope;
(iii) runway strip width (grade and overall);
(iv) declared distances and supplementary take-off distances;
(v) pavement strength rating; and
Aerodrome lighting
(c) for each runway at the aerodrome that may be used at night — the following information:
(i) whether the runway edge lights are low, medium or high intensity lights;
(ii) whether approach lighting is provided;
(iii) whether pilot-activated lighting is provided and, if pilot-activated lighting is provided, its frequency;
(iv) whether T-VASIS or PAPI lighting systems are provided;
(v) whether there is an aerodrome beacon;
(vi) whether there is stand-by power or portable lighting;
(vii) information about any other lighting provided; and
Ground services
(d) the following information about ground services available to visiting pilots:
(i) the types of aviation fuel available and contact details for fuel suppliers;
(ii) contact details for local weather information;
(iii) details of the universal communication system; and
Special procedures
(e) information about any special procedures that pilots need to observe or follow; and
Notices
(f) the following local safety information:
(i) the presence of obstacles or other hazards (including animals or birds);
(ii) restrictions on the use of taxiways or aprons;
(iii) other activities at the aerodrome (for example, sport aviation activities).
CASA must, if the operator of an aerodrome has applied for registration of the aerodrome in accordance with regulation 139.260:
(a) register the aerodrome by entering the following information about the aerodrome in the aerodrome register:
(i) the name of the aerodrome;
(ii) the details of the location of the aerodrome;
(iii) the name and address of the operator; and
(b) tell the operator, in writing, that the aerodrome is registered; and
(c) direct AIS to publish in AIP-ERSA details of the registration and the information about the aerodrome required by Appendix 1 to paragraph 139.260 (2) (a).
If CASA refuses to register an aerodrome, CASA must, no later than 14 days after it refuses to register the aerodrome, give the operator of the aerodrome written notice of the refusal and the reasons for it.
(1) CASA must establish and keep, in the approved form, a register of aerodromes registered under this Subpart.
(2) CASA must make the aerodrome register available for inspection by members of the public at reasonable times and places, and subject to reasonable conditions.
(3) CASA may comply with subregulation (2) by making the information recorded in the aerodrome register accessible on the Internet.
(4) CASA must alter the information recorded in the aerodrome register if that information is not up to date.
(5) CASA must correct the information in the aerodrome register if there is an error in that information.
(1) The registration of an aerodrome remains in force unless it is cancelled.
(2) However, the registration is not in force during any period in which it is suspended.
(1) If the operator of a registered aerodrome wishes the registration of the aerodrome to be cancelled, the operator must give CASA not less than 30 days’ written notice of the date on which the operator wishes the registration to be cancelled.
(2) CASA must cancel the registration on the date specified in the notice and arrange for:
(a) the cancellation to be notified in NOTAMS; and
(b) details of the registration and any other information about the aerodrome to be removed from AIP-ERSA.
139.290 Suspension or cancellation of registration by CASA
(1) CASA may, by written notice given to the operator of a registered aerodrome, suspend or cancel the registration of the aerodrome if there are reasonable grounds for believing that:
(a) the aerodrome fails to meet any of the standards applicable to the aerodrome under regulation 139.295; or
(b) the operator of the aerodrome has failed to comply with regulation 139.025, 139.300, 139.305, 139.310 or 139.315.
(2) Before suspending or cancelling the registration of an aerodrome, CASA must:
(a) give to the operator a show cause notice that:
(i) sets out the facts and circumstances that, in the opinion of CASA, would justify the suspension or cancellation; and
(ii) invites the operator to show cause, in writing, within 30 days after the date of the notice, why the registration should not be suspended or cancelled; and
(b) take into account any written submissions that the operator makes to CASA within the time allowed under subparagraph (a) (ii).
139.295 Applicable standards for registered aerodromes The standards applicable to registered aerodromes are:
(a) the standards applicable to certified aerodromes in relation to the following matters:
(i) physical characteristics of the movement area;
(ii) obstacle limitation surfaces;
(iii) aerodrome markings;
(iv) lighting;
(v) wind direction indicators;
(vi) signal circle and ground signals; and
(b) any other standards set out in the Manual of Standards that are applicable to registered aerodromes.
(1) The operator of a registered aerodrome must appoint 1 or more reporting officers for the aerodrome.
(2) The functions of a reporting officer are:
(a) to monitor the serviceability of the aerodrome in accordance with the Manual of Standards; and
(b) to report to the NOTAM Office and air traffic control any changes in conditions, or any other occurrences, at the aerodrome that must be reported under regulation 139.305.
(3) The operator must not appoint a person as a reporting officer if the person has not been trained, in accordance with the Manual of Standards, to perform the reporting officer’s functions.
139.305 Notice of changes in physical condition etc of aerodrome (1) The operator of a registered aerodrome must, in accordance with the Manual of Standards, give notice to the NOTAM Office of:
(a) any temporary or permanent change in the physical condition of the aerodrome that may affect the safety of aircraft; or
(b) any other occurrence relating to the operation or maintenance of the aerodrome that may affect the safety of aircraft.
(2) If the aerodrome is a controlled aerodrome, the notice must also be given to air traffic control.
139.310 Notice of changes in information published in AIP‑ERSA To maintain the accuracy of the information published in AIP‑ERSA in relation to a registered aerodrome, the operator of the aerodrome must tell AIS, in writing, as soon as practicable of any change required to that information (other than a change that is published in NOTAMS).
(1) This regulation applies to a registered aerodrome that is used by an aircraft that:
(a) is engaged in regular public transport operations or charter operations; and
(b) has a maximum passenger seating capacity of more than 9 seats.
(2) The operator of the aerodrome must arrange for a safety inspection of the aerodrome to be conducted at least once each year.
(3) The safety inspection must be conducted by a person approved under regulation 139.320.
(4) The approved person must give the operator a written report that:
(a) deals with the matters set out in Appendix 1 to this paragraph; and
(b) specifies any remedial work that is necessary for the aerodrome to comply with the applicable standards.
(5) Within 30 days after receiving the report, the operator must give to CASA:
(a) a copy of the report; and
(b) if the report specifies any remedial work as being necessary — a statement as to when and how the operator intends to do the remedial work.
(6) Despite subregulation (3), for 3 years after the commencement of this regulation, the safety inspection may be conducted by a person who is not approved by CASA under regulation 139.320 but met the requirements of Part 1 of Schedule 11 of CAR as in force immediately before that commencement.
Appendix 1 to paragraph 139.315 (4) (a) (Matters to be dealt with in safety inspections)
Details of aerodrome
(1) Check that the following details relating to the aerodrome, published in AIP-ERSA or given to air transport operators, are correct:
(a) details of the location of the aerodrome;
(b) the name and address of the aerodrome operator;
(c) details of the movement area;
(d) details of runway distances available;
(e) details of the aerodrome lighting;
(f) details of ground services;
(g) notice of special conditions and procedures, if any.
Aerodrome operating procedures
(2) Check aerodrome operating procedures to ensure that the following matters are dealt with:
(a) recording of aerodrome inspections;
(b) recording of notices given to the NOTAM Office and AIS or to air transport operators;
(c) recording of aerodrome works.
Reporting officer
(3) Check that each person appointed as a reporting officer is competent to carry out the reporting officer’s functions.
Details relating to movement area etc
(4) Check the following:
(a) dimensions and surface conditions of runways, taxiways and aprons;
(b) aerodrome lighting, including back-up lighting and obstacle lighting;
(c) wind direction indicators and their illumination;
(d) aerodrome markings and signs;
(e) obstacle limitation surfaces applicable to the aerodrome;
(f) two-way radios (whether hand-held or installed in vehicles) used by the aerodrome operator on the movement area;
(g) equipment used for dispersing birds;
(h) aerodrome fencing.
139.320 Approval of persons to conduct aerodrome safety inspections
(1) A person may apply to CASA for approval to conduct aerodrome safety inspections for this Subpart.
(2) CASA must approve the person if the person:
(a) has:
(i) a recognised degree, diploma or certificate in civil engineering, surveying or a related field and a sound knowledge of the parts of these Regulations and the standards, practices and procedures that are applicable to the operation and maintenance of aerodromes; or
(ii) other qualifications, knowledge and experience that CASA considers suitable for conducting an aerodrome safety inspection; and
(b) would, if the approval is given, be able to perform properly the aerodrome safety inspection function.
(1) Unless sooner cancelled, an approval under regulation 139.320 remains in force until the end of 5 years after it is given.
(2) An approval is not in force during any period in which it is suspended, but the period of suspension counts as part of the 5 year approval period.
139.330 Suspension or cancellation of approval by CASA
(1) CASA may suspend or cancel an approval of a person under regulation 139.320, by written notice given to the person, if the person has not properly carried out, or is no longer properly carrying out, the aerodrome safety inspection function.
(2) Before cancelling or suspending the approval, CASA must:
(a) give the person written notice:
(i) stating the reasons that, in the opinion of CASA, would justify the cancellation or suspension; and
(ii) advising the person that he or she may, within 30 days after the date of the notice, give CASA written reasons why the approval should not be suspended or cancelled; and
(b) take into account any written reasons given to it by
the person within the time allowed under subparagraph (a) (ii).
Subpart 139.D Reporting officer and safety inspection requirements for certain other aerodromes
(1) This Subpart applies to an aerodrome that:
(a) is not a certified aerodrome or a registered aerodrome; and
(b) is used at least once a week by an aircraft that:
(i) is engaged in regular public transport operations or charter operations; and
(ii) has a maximum passenger seating capacity of more than 9 seats but not more than 30 seats.
(2) To establish the applicability of this Subpart to an aerodrome, CASA may direct the operator of the aerodrome to give to CASA statistics about the number of movements at the aerodrome, in a specified period, of aircraft to which subparagraphs (1) (b) (i) and (ii) apply.
(3) An aerodrome operator must comply with a direction given to the operator under subregulation (2).
Penalty: 10 penalty units.
(1) The operator of an aerodrome to which this Subpart applies must appoint 1 or more reporting officers for the aerodrome.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) The functions of a reporting officer are:
(a) to monitor the serviceability of the aerodrome in accordance with the Manual of Standards; and
(b) to report to the operators that use the aerodrome any changes in conditions, or any other occurrences, at the aerodrome that may affect the safety of aircraft operations.
(4) The operator must not appoint a person as a reporting officer if the person has not been trained, in accordance with the Manual of Standards, to perform the reporting officer’s functions.
Penalty: 10 penalty units.
(1) The operator of an aerodrome to which this Subpart applies must arrange for a safety inspection of the aerodrome to be conducted at least once each year.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) The safety inspection must be conducted by a person approved, under regulation 139.320, to conduct safety inspections for Subpart 139.C.
Penalty: 10 penalty units.
(4) The approved person must give the operator a written report that:
(a) deals with the matters set out in Appendix 1 to this paragraph; and
(b) specifies any remedial work that is necessary for the aerodrome to comply with the applicable standards.
(5) Within 30 days after receiving the report, the operator must give to CASA:
(a) a copy of the report; and
(b) if the report specifies any remedial work as being necessary — a statement as to when and how the operator intends to do the remedial work.
Penalty: 10 penalty units.
(6) Despite subregulation (3), for 3 years after the commencement of this regulation, the safety inspection may be conducted by a person who is not approved by CASA under regulation 139.320 but is a person CASA is satisfied meets the requirements of subregulation 139.320 (2).
Appendix 1 to paragraph 139.345 (4) (a) (Matters to be dealt with in safety inspections)
Details of aerodrome
(1) Check that the following details relating to the aerodrome, published in AIP-ERSA or given to air transport operators, are correct:
(a) details of the location of the aerodrome;
(b) the name and address of the aerodrome operator;
(c) details of the movement area;
(d) details of runway distances available;
(e) details of the aerodrome lighting;
(f) details of ground services;
(g) notice of special conditions and procedures, if any.
Aerodrome operating procedures
(2) Check aerodrome operating procedures to ensure that the following matters are dealt with:
(a) recording of aerodrome inspections;
(b) recording of notices given to the NOTAM Office and AIS or to air transport operators;
(c) recording of aerodrome works.
Reporting officer
(3) Check that each person appointed as a reporting officer is competent to carry out the reporting officer’s functions.
Details relating to movement area etc
(4) Check the following:
(a) dimensions and surface conditions of runways, taxiways and aprons;
(b) aerodrome lighting, including back-up lighting and obstacle lighting;
(c) wind direction indicators and their illumination;
(d) aerodrome markings and signs;
(e) obstacle limitation surfaces applicable to the aerodrome;
(f) two-way radios whether hand-held or installed in vehicles used by the aerodrome operator on the movement area;
(g) equipment used for dispersing birds;
(h) aerodrome fencing.
(1) The operator of a certified aerodrome or a registered aerodrome must monitor the airspace around the aerodrome for infringement of the obstacle limitation surfaces by:
(a) any object, building or structure; or
(b) any gaseous efflux having a velocity exceeding 4.3 metres per second.
(2) The monitoring must be in accordance with the standards set out in the Manual of Standards.
139.355 Establishment of obstacle limitation surfaces An aerodrome operator must ensure that obstacle limitation surfaces are established for the aerodrome in accordance with the standards set out in the Manual of Standards.
(1) An aerodrome operator must take all reasonable measures to ensure that obstacles at, or within the vicinity of, the aerodrome are detected as quickly as possible.
(2) If the operator becomes aware of the presence of an obstacle, the operator must:
(a) tell the NOTAM Office immediately; and
(b) give the NOTAM Office details of:
(i) the height and location of the obstacle; and
(ii) amended declared distances and gradients, if applicable.
Penalty: 10 penalty units.
(3) If the operator becomes aware of any development or proposed construction near the aerodrome that is likely to create an obstacle, the operator must:
(a) tell CASA as soon as practicable; and
(b) give to CASA details of the likely obstacle.
Penalty: 10 penalty units.
139.365 Structures 110 metres or more above ground level A person who proposes to construct a building or structure the top of which will be 110 metres or more above ground level must inform CASA of that intention and the proposed height and location of the building or structure.
Penalty: 10 penalty units.
(1) CASA may determine, in writing, that:
(a) an obstacle, or any proposed development or other proposed construction that is likely to create an obstacle; or
(b) a building or structure the top of which is 110 metres or more above ground level; or
(c) a proposed building or structure the top of which will be 110 metres or more above ground level;
is, or will be, a hazardous object because of its location, height or lack of marking or lighting.
(2) CASA may determine, in writing, that a gaseous efflux having a velocity exceeding 4.3 metres per second is, or will be, a hazard to aircraft operations because of the velocity or location of the efflux.
(3) If CASA makes a determination under subregulation (1) or (2), it must:
(a) publish in AIP or NOTAMS particulars of the hazardous object or gaseous efflux to which the determination relates; and
(b) give written notice of the determination in accordance with subregulation (4).
(4) CASA must give a copy of the notice:
(a) in the case of a hazardous object that is a proposed building or structure:
(i) to the person proposing to construct the building or structure; and
(ii) to the authority or, if applicable, one or more of the authorities whose approval is required for the construction; and
(b) in any other case, if a person who owns or is in occupation or control of the hazardous object, or owns or is in control of the installation that produces the gaseous efflux, can reasonably be identified — to that person.
Subpart 139.F Aerodrome radio communication services
139.375 Aerodrome operators to collect statistics if directed
(1) If CASA considers it necessary in the interests of the safety of air navigation, CASA may, in writing, give directions to an aerodrome operator about collecting:
(a) statistics about:
(i) the types of aircraft using the aerodrome; and
(ii) the times of aircraft movements at the aerodrome; and
(b) other information, specified by CASA in the direction, that is relevant to deciding what radio communication services or air traffic services should be provided at the aerodrome.
(2) An aerodrome operator must comply with a direction given to the operator under subregulation (1).
Penalty: 10 penalty units.
In this Division:
frequency confirmation system means a ground radio system at an aerodrome that, if it receives a transmission from an aircraft on the radio frequency for the aerodrome, sends a signal or message to the aircraft confirming that the transmission has been received.
non-controlled aerodrome means an aerodrome at which an air traffic control service is not operating.
139.385 Aerodromes that must have a frequency confirmation system
(1) The operator of a non-controlled aerodrome must ensure that there is a frequency confirmation system for the aerodrome in accordance with subregulation (2) if:
(a) the aerodrome is located in an MBZ; or
(b) the aerodrome is used at least 5 times a week by aircraft that:
(i) are engaged in regular public transport operations or charter operations; and
(ii) have a maximum passenger seating capacity of more than 9 seats.
Penalty: 10 penalty units.
(2) The frequency confirmation system must comply with the standards for frequency confirmation systems set out in the Manual of Standards.
In this Division:
AAIS (automatic aerodrome information service) means the service that provides current, routine information for aircraft arriving at or departing from an aerodrome by means of repetitive broadcasts on a discrete frequency.
air/ground radio service means an aerodrome radio information service that provides aircraft operating in the MBZ of an aerodrome with the services and information specified in section 14.2 of the Manual of Standards.
certified air/ground radio operator , orCA/GRO , means a person who is certified as a CA/GRO under regulation 139.430.
certified air/ground radio service , orCA/GRS , in relation to an aerodrome, means an air/ground radio service for the aerodrome certified in accordance with regulation 139.410.
139.395 Air/ground radio service must be certified
(1) The operator of an aerodrome must not operate, or permit to be operated, at the aerodrome an air/ground radio service that is not a CA/GRS.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) Subregulation (1) does not apply if the operator has CASA’s written approval to operate the service for the purpose of conducting tests necessary to determine whether the service meets the standards for a CA/GRS set out in the Manual of Standards.
(1) CASA may direct the operator of an aerodrome to provide a CA/GRS at the aerodrome.
(2) CASA must not give a direction under subregulation (1) unless an aeronautical study for the aerodrome has found that a CA/GRS is required at the aerodrome for the safety of air navigation.
(3) An operator must comply with a direction given to the operator under subregulation (1).
Penalty: 10 penalty units.
An aerodrome operator who has not been given a direction under regulation 139.400 may provide a CA/GRS at the aerodrome.
(1) The operator of an aerodrome may ask CASA to certify an air/ground radio service for the aerodrome as meeting the standards for a CA/GRS set out in the Manual of Standards.
(2) A request must be made to CASA in accordance with the Manual of Standards.
(3) If the operator asks CASA to certify an air/ground radio service under this regulation, or because of a direction under regulation 139.400, CASA must certify the service if it meets the standards for a CA/GRS set out in the Manual of Standards.
The operator of an aerodrome that has a CA/GRS must ensure that:
(a) the CA/GRS is provided with the facilities required for a CA/GRS by the Manual of Standards; and
(b) only a CA/GRO operates the CA/GRS; and
(c) if the aerodrome is a certified aerodrome — the aerodrome manual for the aerodrome includes the operational procedures for the CA/GRS; and
(d) the CA/GRS is operated in accordance with regulation 139.420.
Penalty: 10 penalty units.
(1) The CA/GRS must be operating for the arrival and departure of an aircraft that:
(a) is engaged in regular public transport operations or charter operations; and
(b) has a maximum passenger seating capacity of more than 30 seats.
(2) Subregulation (1) does not apply if:
(a) an air traffic control service is operating at the aerodrome; or
(b) an exemption from the requirement is in effect under regulation 139.020.
(3) Also, subregulation (1) does not apply for the limited period mentioned in subregulation (4) if:
(a) the CA/GRO is absent from duty because of sickness or injury; or
(b) the CA/GRS is unserviceable.
(4) The
limited period is the lesser of:
(a) 7 days; and
(b) the period of the absence from duty or the unserviceability.
139.425 Information about operating hours to be given to NOTAM Office
(1) The operator of an aerodrome that has a CA/GRS must give the NOTAM Office the following information, in writing:
(a) the hours of operation of the CA/GRS;
(b) the radio frequency and the call-sign of the CA/GRS;
(c) the radio frequency of the AAIS for the aerodrome.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) If the CA/GRS becomes unavailable at the hours of operation notified under paragraph (1) (a), the operator must tell the NOTAM Office as soon as practicable.
Penalty: 10 penalty units.
(1) A person may apply to CASA for certification as a CA/GRO.
(2) The application must be made to CASA in accordance with the Manual of Standards.
(3) On receiving an application under this regulation, CASA must grant the application if the applicant meets the standards for a CA/GRO set out in the Manual of Standards.
(1) When a CA/GRO is providing a CA/GRS, he or she must not perform any other duties that are unrelated to the provision of the CA/GRS.
Penalty: 5 penalty units.
(2) The operator of an aerodrome must not allow a CA/GRO to provide a CA/GRS at the aerodrome if:
(a) the CA/GRO:
(i) has consumed any alcohol in the 8 hours before the service is to be provided; or
(ii) is suffering from an incapacity that is likely to impair his or her efficiency in providing the service; and
(b) the operator knows of that fact.
Penalty: 5 penalty units.
omit 202.172 Exemption from requirements of airworthiness directive
insert 202.172 Exemption from requirements of airworthiness directive
Subpart 202.FY Transitional provisions for Part 139 (Aerodromes) 202.700 Definitions for this Subpart
202.701 Aerodrome licences issued under CAR
202.702 Conditions of transitional aerodrome licences
202.703 Duration of transitional aerodrome licences
202.704 Previous aerodrome manuals and standards for aerodromes
202.705 Exemptions
substitute
Subpart 202.FY Transitional provisions for Part 139 (Aerodromes)
In this Subpart:
old regulations means CAR as in force immediately before the commencement of this regulation.
Rules and Practices for Aerodromes means the document called ‘Rules and Practices for Aerodromes’, published by CASA, as in force immediately before the commencement of this regulation.
transitional aerodrome licence means an aerodrome licence that is continued in force after the commencement of this regulation by regulation 202.701 as if it were an aerodrome certificate granted under regulation 139.050.
An aerodrome licence in force under Part 9 of the old regulations immediately before the commencement of this regulation continues in force after that commencement as if it were an aerodrome certificate granted under regulation 139.050.
202.702 Conditions of transitional aerodrome licences A transitional aerodrome licence remains subject to any conditions to which it was subject immediately before the commencement of this regulation (including any condition to which the licence was subject under regulation 303 of CAR).
202.703 Duration of transitional aerodrome licences Despite regulation 139.065, a transitional aerodrome licence continues in force, unless sooner cancelled, until the earlier of the following:
(a) CASA grants an aerodrome certificate in respect of the aerodrome under regulation 139.050;
(b) the end of 3 years after the commencement of this regulation.
202.704 Previous aerodrome manuals and standards for aerodromes
(1) This regulation applies to the operator of an aerodrome if the operator holds a transitional aerodrome licence for the aerodrome.
(2) The operator is taken to satisfy the requirements of Division 139.B.2 of CASR if the operator has an aerodrome manual for the aerodrome that, immediately before the commencement of this regulation, satisfied the requirements of Part 9, Division 3 of the old regulations.
(3) The operator is taken to comply with regulation 139.165 if the operator complies with any requirements or standards for the physical characteristics of the movement area of an aerodrome that:
(a) are set out or referred to in the Rules and Practices for Aerodromes; and
(b) applied to the operator in respect of the aerodrome immediately before the commencement of this regulation.
(4) The operator is taken to comply with regulations 139.170, 139.190 and 139.195 if the operator complies with any requirements or standards for the marking and lighting of the movement area of an aerodrome that:
(a) are set out or referred to in the Rules and Practices for Aerodromes; and
(b) applied to the operator in respect of the aerodrome immediately before the commencement of this regulation.
(5) The operator is taken to comply with regulations 139.175 and 139.180 if the operator complies with any requirements or standards for the signal area and wind direction indicators for an aerodrome that:
(a) are set out or referred to in the Civil Aviation Orders; and
(b) applied to the operator in respect of the aerodrome immediately before the commencement of this regulation.
(6) The operator is taken to comply with regulation 139.355 if the operator complies with any requirements and standards for the establishment of obstacle limitation surfaces for an aerodrome that:
(a) are set out or referred to in the Rules and Practices for Aerodromes; and
(b) applied to the operator in respect of the aerodrome immediately before the commencement of this regulation.
(1) An exemption from a provision of Part 9 of the old regulations (the
old provision ) that:
(a) was granted to the operator of an aerodrome under regulation 89ZD of the old regulations; and
(b) was in effect immediately before the commencement of this regulation;
continues in force after that commencement as if it were an exemption granted to the operator under regulation 139.020 from the provision of these Regulations, or the Manual of Standards, that corresponds to the old provision.
(2) Any such exemption continues in force subject to any conditions to which it was subject immediately before that commencement.
(3) In this regulation:
Manual of Standards has the meaning given by regulation 139.010.
insert the following definitions in the appropriate alphabetical positions (determined on a letter-by-letter basis)
(a) for a certified aerodrome — means the person who holds the aerodrome certificate for the aerodrome; and
(b) for a registered aerodrome — means the operator of the aerodrome; and
(c) for an aerodrome to which Subpart 139.D applies — means the person who is responsible for the operation and maintenance of the aerodrome.
(a) approved by CASA; and
(b) specified in the aircraft operator’s operations manual.
Note The definition ofoperator in subregulation 2 (1) of CAR is as follows:
operator means a person, organisation, or enterprise engaged in, or offering to engage in, an aircraft operation.
(regulation 4)
omit
omit
(regulation 5)
omit
1. These Regulations amend (in Schedule 1) Statutory Rules 1998 No. 237, as amended by 1999 Nos. 166 (as amended by 1999 No. 262) and 262; 2000 Nos. 7, 204 (Item [7] of Schedule 2 was disallowed by the Senate on 8 November 2000) and 227; 2001 Nos. 34, 242 and 349 (as amended by 2002 No. 79); 2002 Nos. 167, 266, 268, 320, 321, 349 and 350.
These Regulations also amend (in Schedule 2) Statutory Rules 1988 No. 158, as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; Act No. 25, 1990; Statutory Rules 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487 (as amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 (new regulation 239 contained in regulation 16 was disallowed by the Senate on 23 March 1994) and 368; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224; 1996 No. 88; 1997 Nos. 23, 67, 111, 139 and 220; 1998 Nos. 31, 32, 219, 234 (disallowed by the Senate on 8 March 1999), 235, 236 and 288; 1999 Nos. 166 (as amended by 1999 No. 262), 167, 210, 229, 262, 353 and 354; 2000 Nos. 8, 204 (items [1], [4] and [5] of Schedule 3 were disallowed by the Senate on 8 November 2000), 205, 227, 261, 294, 295, 296 and 362; Act No. 137, 2000; Statutory Rules 2001 Nos. 348 and 349 (as amended by 2002 No. 79); 2002 Nos. 167, 180, 221, 267, 319 and 350.
These Regulations also amend (in Schedule 3) Statutory Rules 2002 No. 167.
2. Notified in the
Commonwealth of Australia Gazette on 14 April 2003.
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