Document ID: chunk:federal_register_of_legislation:F2024C01244:front:0:p21
Version: federal_register_of_legislation:F2024C01244
Segment Type: other
Provision Reference: 
Character Range: 83280–86227

as:

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

 (ii) the changed aerodrome reference code of the OLS associated with the runway does not result in 1 of the changes mentioned in paragraphs (a) to (g) of the definition of upgrade for that runway.

       (6) Despite anything else in this section, this MOS applies to a grandfathered facility if, before the facility is replaced or upgraded, the aerodrome operator has opted-in.

Note   For the definition of opted-in, see section 2.01.

2.04A Application — grandfathering of new aerodrome facility developments

       (1) In this section:

new aerodrome facility, for an existing aerodrome other than an aerodrome that is compliant with the standards in this MOS for aerodrome facilities, means an aerodrome facility:

(a) that did not exist at the aerodrome before 6 September 2019; and

(b) for which the process of bringing it into existence (the development process) was started by the relevant or proposed aerodrome operator, before 6 September 2019; and

(c) whose construction is completed:

           (i) for an aerodrome facility under construction before 6 September 2019 — before 13 November 2021; and
           (ii) for an aerodrome facility not under construction before 6 September 2019 — before 13 November 2022.

development process, means any of the following by or for the relevant or proposed aerodrome operator, for construction of the new aerodrome facility:

(a) construction of the new aerodrome facility was underway, provided that, not later than the end of 13 August 2020, the operator satisfies CASA that:

           (i) the construction is intended to be completed before 13 November 2021; and
           (ii) the operator has a demonstrable plan to achieve such completion;

(b) final building approval was granted by such of the Commonwealth, State, Territory or Local Government authorities (relevant authorities) as are responsible under relevant legislation for granting such a final building approval, provided that, not later than the end of 13 August 2020, the operator satisfies CASA that:

           (i) the construction is intended:
            (A) to begin before 13 November 2021; and
            (B) to be completed before 13 November 2022; and
           (ii) the operator has a demonstrable plan to achieve such a beginning and such a completion;

(c) funding, or funding approval, was granted by such of the relevant authorities as are empowered by relevant legislation to grant funding or approve funding for construction of such a facility, provided that, not later than the end of 13 August 2020, the operator satisfies CASA that:

           (i) the construction is intended:
            (A) to begin before 13 November 2021; and
            (B) to be completed before 13 November 2022; and
           (ii) the operator has a demonstrable plan to