Explanatory Statement
Civil Aviation Safety Regulations 1998
Part 139 Manual of Standards Amendment Instrument 2026
Purpose
The Part 139 Manual of Standards Amendment Instrument 2026 (the instrument) makes minor, miscellaneous amendments to the Part 139 (Aerodromes) Manual of Standards 2019 (the Part 139 MOS).
Amendment 15 (Amendment 15) to the International Standards and Recommended Practices, Aerodromes — Aerodrome Design and Operations (Annex 14, Volume I to the Convention on International Civil Aviation) was adopted by the Council of the International Civil Aviation Organization (ICAO) on 9 March 2020. Each of ICAO’s member States are expected to adopt the standards and recommended practices stated in the Convention, unless the member State files any differences with ICAO. Australia is a member State.
The main purpose of the instrument is to amend the Part 139 MOS, so as to adopt certain standards and recommended practices stated in Amendment 15. Also, the instrument omits certain spent transitional provisions in the Part 139 MOS and amends the Part 139 MOS, to clarify the wording of certain provisions.
Legislation
Civil Aviation Act 1988
Under section 9 of the Civil Aviation Act 1988 (the Act), the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of a range of matters including, under paragraph 9(1)(c), developing and promulgating appropriate, clear and concise aviation safety standards.
Section 98 of the Act empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made the Civil Aviation Safety Regulations 1998 (CASR).
Under paragraph 98(5A)(a), the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.
Part 139 of CASR
Under regulation 139.005 of CASR, CASA may issue a Manual of Standards for Part 139 of CASR (Part 139), prescribing:
(a) matters required or permitted by the regulations to be prescribed by the Part 139 MOS; or
(b) matters necessary or convenient to be prescribed for carrying out or giving effect to Part 139.
Under subregulation 139.045(1) of CASR, the operator of a certified aerodrome must have an aerodrome manual for the aerodrome that complies with the requirements prescribed by the Part 139 MOS. Under subregulation 139.045(3), the operator of a certified aerodrome contravenes the subregulation if:
(a) the operator is subject to a requirement mentioned in subregulation 139.045(1); and
(b) the operator does not comply with the requirement.
Under subregulation 139.045(4), a person commits an offence of strict liability (with a maximum penalty of 10 penalty units) if the person contravenes subregulation (3).
Subregulation 139.065(1) of CASR states that the Part 139 MOS may prescribe requirements relating to aerodrome facilities and equipment for certified aerodromes. The CASR Dictionary includes the following definitions:
aerodrome facilities and equipment means facilities and equipment, inside or outside the boundaries of an aerodrome, that are installed or maintained for use by aircraft operating at the aerodrome.
certified aerodrome means an aerodrome in respect of which an aerodrome certificate is in force.
Under subregulation 139.020(1) of CASR, a person may apply to CASA, in writing, for an aerodrome certificate for an aerodrome. Regulation 139.025 of CASR states the circumstances in which the operator of an aerodrome must hold an aerodrome certificate for the aerodrome.
Under regulation 139.030 of CASR, CASA must grant an aerodrome certificate to an applicant if CASA is satisfied of certain stated matters. One of the matters is that the aerodrome facilities and equipment comply with Part 139 and the Part 139 MOS.
Under paragraph 139.035(1)(a) of CASR, CASA may, by written notice given to the holder of an aerodrome certificate, suspend or cancel the certificate if CASA reasonably believes that the aerodrome facilities and equipment do not comply with Part 139 or the Part 139 MOS.
Under subregulation 139.065(3), the operator of a certified aerodrome must ensure that the aerodrome facilities and equipment for the aerodrome comply with the requirements mentioned in subregulation (1). Under subregulation 139.065(4), a person commits an offence of strict liability (with a maximum penalty of 10 penalty units) if the person contravenes subregulation (3).
Under subregulation 139.110(1) of CASR, the operator of a certified aerodrome must have personnel who carry out the responsibilities of the various stated positions for the aerodrome. Under paragraph 139.110(1)(d), the positions include “any other position prescribed by the Part 139 MOS”. Under subregulation 139.110(3), the operator of a certified aerodrome contravenes the subregulation if the operator does not have the personnel for the aerodrome mentioned in subregulation (1). Under subregulation 139.110(4), a person commits an offence of strict liability (with a maximum penalty of 20 penalty units) if the person contravenes subregulation (3).
Under subregulation 139.115(1) of CASR, the Part 139 MOS may prescribe requirements relating to the training, knowledge, qualifications or experience of personnel carrying out the responsibilities of positions mentioned in subregulation 139.110(1). Under subregulation 139.115(2), the operator of a certified aerodrome contravenes the subregulation if:
(a) a person who is a member of the operator’s personnel for the aerodrome carries out the responsibilities of a position mentioned in subregulation 139.110(1); and
(b) the person does not meet the requirements relating to the position mentioned in subregulation 139.115(1).
Under subregulation 139.115(3), a person commits an offence of strict liability (with a maximum penalty of 20 penalty units) if the person contravenes subregulation (2).
Part 139 MOS
As far as is relevant, the Part 139 MOS sets out the standards for certified aerodromes.
Acts Interpretation Act 1901 (the AIA)
Under subsection 33(3) of the AIA, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by‑laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Content of the instrument
Section 1 of the instrument gives the instrument its name.
Section 2 of the instrument states that the instrument commences on the day after it is registered on the Federal Register of Legislation.
Section 3 of the instrument effects the amendments to the Part 139 MOS set out in Schedule 1 of the instrument.
Schedule 1
Schedule 1 sets out the amendments to the Part 139 MOS.
Item 1 of Schedule 1 repeals the spent transitional provisions in Chapter 1A.
Item 2 of Schedule 1 clarifies, in replaced section 2.02, that the Part 139 MOS also applies for an aerodrome facility (which term is defined in subsection 3.01 (2)) that is not an existing aerodrome facility (which term is defined in section 2.01).
Item 3 of Schedule 1 replaces paragraph (f) of the definition of the term, instrument runway in subsection 3.01 (2), to no longer differentiate between the subcategories of precision approach runway, CAT III.
Item 4 of Schedule 1 replaces subsection 6.24 (1), to no longer differentiate between the aerodrome reference codes, or categories, of a precision approach runway. It also delineates the runway strip for a precision approach runway by reference to the lower edges of the inner transitional surfaces (which term has the same meaning as in section 7.11).
Item 5 of Schedule 1 replaces subsections 6.29 (2) and (3), to no longer differentiate between the aerodrome reference codes of a runway, and to differentiate between an instrument runway and non-instrument runway.
Item 6 of Schedule 1 replaces subsection 6.55 (1), to extend the operation of the provision if the subject runway is a precision approach runway. If the subject runway is a precision approach runway, the amendment requires that a holding bay, runway holding position, intermediate holding position, or road-holding position, must not be placed where an aircraft or vehicle using the position would result in the aircraft or vehicle penetrating the inner transitional surface. The terms, holding bay, runway holding position, intermediate holding position and road holding position are defined in subsection 3.01 (2).
Items 7 to 9 of Schedule 1 amend section 6.56, and replace Table 6.56 (1), to accord with Amendment 15 and clarify the wording of the section and Table. The section and Table prescribe the minimum distance between a runway centreline and a runway holding position, holding bay, intermediate holding position or road-holding position.
Item 10 of Schedule 1 amends section 8.46, to also require that the style of the letter and numbers used in designators for an apron at an aerodrome must not be the same as the style of the letters and numbers of the designators for a taxiway at the aerodrome.
Item 11 of Schedule 1 amends section 8.80, to set out new requirements in relation to the naming of taxiway location signs.
Item 12 of Schedule 1 amends Table 8.82 (1), to reduce the required minimum height of a sign face, by reference to the code number for the aerodrome.
Item 13 of Schedule 1 amends section 9.50, to impose different requirements in relation to the height of a precision approach path indicator system unit (a PAPI unit) installed within the graded portion of a runway strip. It also imposes new requirements in relation to the recording, and availability, of information about a PAPI unit.
Item 14 of Schedule 1 amends subsection 9.98 (1), to replace references to “visibility conditions” to “RVR conditions”. Under subsection 3.01 (2), the term, runway visual range (RVR) is defined to have the same meaning as in the CASR Dictionary.
Item 15 of Schedule 1 clarifies the wording of Note 2 for subsection 9.98 (1).
Item 16 of Schedule 1 inserts subsection (4) in section 9.98, requiring that if more than 1 runway holding position exists at the intersection of a runway with a taxiway, only the runway guard lights associated with the runway holding position, when in operation, are to be illuminated.
Item 17 of Schedule 1 replaces subsection 9.99 (1), to standardise the location of runway guard lights, by associating them with the holding side of the runway holding position marking.
Item 18 of Schedule 1 inserts subsection (5) in section 9.99, requiring that Configuration B runway guard lights not be co-located with a stop bar.
Item 19 of Schedule 1 amends subsection 9.105 (1), to increase the RVR conditions threshold to 550 m before a stop bar must be provided at each runway holding position serving the subject runway or system of runways.
Item 20 of Schedule 1 replaces subsections 9.105 (2) to (4) with new subsection 9.105 (2), to increase the RVR conditions threshold to 550 m, and state alternative circumstances that must be satisfied for subsection 9.105 (1) not to apply.
Items 21 and 22 of Schedule 1 amend section 9.108, to impose new requirement in relation to the installation of a no entry bar.
Items 23 and 24 of Schedule 1 make editorial changes to the Chapter 13 heading and the Note for section 13.02.
Item 25 of Schedule 1 inserts section 13.05, which:
(a) prescribes a maintenance position (a relevant maintenance position) for paragraph 139.110(1)(d) of CASR; and
(b) sets out the responsibilities of a person carrying out the responsibilities of a relevant maintenance position; and
(c) prescribes requirements relating to the training, knowledge, qualifications, or experience, of a person carrying out the responsibilities of a relevant maintenance position, for subregulation 139.115(1) of CASR.
Item 26 of Schedule 1 clarifies the wording of subsection 19.16 (5). It clarifies the circumstances in which communications, navigation, surveillance facilities required for air navigation or aircraft safety, which are located on or near a strip of a precision approach runway nominated as CAT I, II or III, must be frangible and mounted as low as possible.
Item 27 of Schedule 1 is a consequential amendment, as a result of the amendment in item 26.
Legislation Act 2003 (the LA)
Paragraph 10(1)(d) of the LA states that an instrument is a legislative instrument if it includes a provision that amends another legislative instrument. The instrument amends the Part 139 MOS, which is a legislative instrument. Therefore, the instrument is a legislative instrument, which is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Sunsetting
Part 4 of Chapter 3 of the LA does not apply to the instrument because the instrument relates to aviation safety and is made under CASR (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015).
In this case, the instrument amends the Part 139 MOS and is almost immediately spent and repealed in accordance with the automatic repeal provisions in section 48A of the LA. However, the Part 139 MOS, as amended by the instrument, has enduring effect.
The Part 139 MOS deals with aviation safety matters that, once identified, require a risk response or treatment plan. Generally, item 15, when invoked, is necessary to ensure that, in the interests of aviation safety, a relevant instrument has enduring effect, certainty and clarity for aviation operators, both domestic and international.
Consultation
Before the instrument was issued by CASA, it published a notice of intention to issue the instrument under regulation 11.280 of CASR. The consultation period for the proposed amendments of the Part 139 MOS was from 17 July 2025 to 14 August 2025, which period CASA regards as reasonable in the circumstances.
The proposed amendments were generally supported by the aviation industry. A few of the amendments were revised to meet industry concerns, without adversely affecting the aviation safety objectives. CASA considered the comments received during the consultation process when finalising the drafting of the instrument.
CASA is satisfied that no further consultation is appropriate, or reasonably practicable, for the instrument for section 17 of the LA.
Sector risk, and economic and cost impact
Subsection 9A(1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A(3) states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c) of the Act, CASA must:
(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and
(b) take into account the differing risks associated with different industry sectors.
The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses, and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution, and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.
A few of the new requirements imposed on aerodrome operators by the instrument are administrative in nature. Other new requirements would involve a minimal cost to the operators, to comply with.
Accordingly, CASA has assessed that the amendments to the Part 139 MOS in the instrument will have minimal, or no, economic or cost impact on individuals, businesses or the community. This is confirmed by the preliminary assessment made by the Office of Impact Analysis (OIA), mentioned below.
Impact on categories of operations
The instrument does not have any impact on specific categories of aircraft operations.
Impact on regional and remote communities
The instrument does not have any impact that is specific to regional and remote communities.
Office of Impact Analysis
OIA conducted a preliminary assessment of the amendments to the Part 139 MOS in the instrument and determined that they will have a minor impact (OIA reference number: OIA25-10670). In any event, an Impact Analysis (an IA) is not required because the instrument is covered by a standing agreement between CASA and OIA under which an IA is not required for minor or machinery amendments to Manuals of Standards issued under CASR (OIA reference number: OIA23-06250).
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.
Making and commencement
The instrument has been made by the Director, on behalf of CASA, in accordance with subsection 73(2) of the Act.
The instrument commences on the day after it is registered, and will be repealed in accordance with section 48A of the LA.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Part 139 Manual of Standards Amendment Instrument 2026
The legislative instrument is compatible with the human rights and freedoms recognised, or declared, in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The Part 139 Manual of Standards Amendment Instrument 2026 (the instrument) makes minor, miscellaneous amendments to the Part 139 (Aerodromes) Manual of Standards 2019 (the Part 139 MOS). The Part 139 MOS prescribes requirements for operating, and maintaining, certified aerodromes.
Amendment 15 (Amendment 15) to the International Standards and Recommended Practices, Aerodromes — Aerodrome Design and Operations (Annex 14, Volume I to the Convention on International Civil Aviation) was adopted by the Council of the International Civil Aviation Organization (ICAO) on 9 March 2020. Each of ICAO’s member States are expected to adopt the standards and recommended practices stated in the Convention, unless the member State files any differences with ICAO. Australia is a member State.
The main purpose of the instrument is to amend the Part 139 MOS, so as to adopt certain standards and recommended practices stated in Amendment 15. Also, the instrument omits certain spent transitional provisions in the Part 139 MOS and amends the Part 139 MOS, to clarify the wording of certain provisions.
Human rights implications
The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights, as it does not raise any human rights issues.
Civil Aviation Safety Authority