Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p57
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 57/70)
Character Range: 3264529–3267306

height and location of the object or structure;
 (c) if the object or structure includes an emissions source—the details of the velocity and location of the emissions;
 (d) the proposed timeframe for constructing or erecting the object or structure;
 (e) any other information about the proposal that is prescribed by the Part 139 Manual of Standards for the purposes of this paragraph.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 10 penalty units.
 (4) The kinds of objects or structures that may be prescribed by the Part 139 Manual of Standards under paragraph (1)(c) are not limited by paragraph (1)(a) or (b).
Note: See also Subpart 175.E in relation to requests for data about objects or structures that affect aviation safety.

139.170  Notifying CASA of activities that create certain emissions sources
 (1) This regulation applies if a person proposes to undertake an activity (other than constructing or erecting an object or structure) that will create an emissions source that:
 (a) generates a gaseous efflux with a velocity exceeding 4.3 metres per second at the point of emission; or
 (b) is of a kind prescribed by the Part 139 Manual of Standards.
 (2) The person must, as soon as practicable after forming the intention to undertake the proposed activity, give written notice to CASA of the following:
 (a) the proposal;
 (b) the proposed location of the activity;
 (c) the proposed timeframe for undertaking the activity;
 (d) the details of the emissions source that will be created;
 (e) any other information about the proposal that is prescribed by the Part 139 Manual of Standards for the purposes of this paragraph.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 10 penalty units.
 (4) The kinds of emissions sources that may be prescribed by the Part 139 Manual of Standards under paragraph (1)(b) are not limited by paragraph (1)(a).

Division 139.E.2—Determination of hazards

139.175  Determination that certain existing objects, structures or emissions sources are a hazard to aircraft operations
 (1) CASA may determine, in writing, that an object or structure that:
 (a) has a height of 100 metres or more above ground level; or
 (b) includes an emissions source that generates a gaseous efflux with a velocity exceeding 4.3 metres per second at the point of emission; or
 (c) is of a kind mentioned in regulation 139.185;
is a hazard to aircraft operations.
 (2) CASA may determine, in writing, that an emissions source that:
 (a) generates a gaseous efflux with a velocity exceeding 4.3 metres per second at the point of emission; or
 (b) is of a kind mentioned in regulation 139.185;
is a hazard to aircraft operations.