Document ID: chunk:federal_register_of_legislation:F2024C01244:front:0:p20
Version: federal_register_of_legislation:F2024C01244
Segment Type: other
Provision Reference: 
Character Range: 80745–83513

the obstacle limitation surfaces associated with a runway that is, or is part of, such a facility, do not apply. Instead, the standards for the aerodrome facility and runway-associated obstacle limitation surfaces that previously applied continue to apply. Processes or systems are not aerodrome facilities (as defined) and the standards for these in this MOS apply to the operators of all existing aerodromes from the commencement of this MOS, subject to any relevant transitional provisions that may be included in Part 202 of CASR after the making of this MOS but before it commences.

       (3A) The grandfathered rules apply to a grandfathered facility and, for this purpose, the provisions of the Manual of Standards (MOS) – Part 139 Aerodromes for an aerodrome facility (the old MOS) (including the OLS associated with a runway) are incorporated into this MOS, as those provisions were in force immediately before 13 August 2020.

Note   Aerodrome facility is defined in subsection 3.01 (2). See also the Note at the end of subsection (3) in relation to processes and systems.

       (3B) The requirements of this MOS in relation to an aerodrome facility apply to a grandfathered facility if it fails to comply with the grandfathered rules in accordance with this section.

Note   The purpose of subsection (3B) is to remove any doubt that, despite the incorporation of previous standards for certain circumstances, any enforcement action for failure to comply with relevant standards provided for by this MOS will be under Part 139 of CASR and this MOS.

       (4) Subject to subsection (5), for subparagraph (3) (b) (ii), the standards in this MOS:

(a) apply only to the upgrading of the specific elements of the facility that are being upgraded; and

(b) do not apply to any other elements of the facility which are not being changed and which, therefore, remain grandfathered until they are either replaced or upgraded.

Note   See CASA Advisory Circular (AC) 139.A-03: Application of aerodrome standards, as existing from time to time and freely available on the CASA website, for examples of how subsection (4) operates.

       (5) Without otherwise affecting subsection (4):

(a) if a runway is upgraded, the associated OLS must then also comply with the requirements of this MOS for the upgraded runway; and

(b) if the aerodrome reference code of the OLS associated with a runway that is part of a grandfathered facility is changed, the aerodrome reference code of that runway may remain the same but only as long as:

 (i) the aerodrome reference code of the OLS associated with the runway is not less than the aerodrome reference code for that runway; or

 (ii) the changed aerodrome reference code of the OLS associated with the runway does not