Document ID: chunk:federal_register_of_legislation:F2024C01244:front:0:p24
Version: federal_register_of_legislation:F2024C01244
Segment Type: other
Provision Reference: 
Character Range: 91106–93820

or facility as if that other part were directly and significantly affected by the activity.

       (2) For subsection (1), CASA must notify an aerodrome operator:

(a) of any proposal to issue a direction under subsection (1); and

(b) that the operator may object to the proposal.

       (3) CASA must not issue a direction unless it has considered any objections from the operator that are received within 28 days (or such longer period as CASA permits) after the notification mentioned in subsection (2).

       (4) CASA may specify a shorter period than the 28 days mentioned in subsection (3) if CASA determines that aviation safety requires sooner consideration of the matter.

       (5) A direction, notification, permission, objection or determination mentioned in this section must be in writing.

       (6) If a direction referred to in this section is issued under regulation 11.245 of CASR, the direction ceases to be in force in accordance with regulation 11.250 of CASR.
Note   Under regulation 11.250 of CASR, a direction ceases to be in force:
(a) if it specifies a day on which it ceases to be in force — on the specified day; or
(b) if it does not specify a day for that purpose — 1 year after the day it commences.
       (7) This section:

(a) applies subject to, and without prejudice to, CASA's powers under Subpart 11.G of CASR; and

(b) may be applied only insofar as it is consistent with Subpart 11.G of CASR.

2.06 Non-application of the standards

       (1) CASA may approve in writing that an operator is not required to meet a standard specified in this MOS.

       (2) An approval under subsection (1) must specify the provisions to which the approval applies, and may be 1 or more of the following:

(a) time-limited or open-ended as to its duration;

(b) made subject to conditions.

(3) For subsection (1), CASA may grant an approval if the aerodrome operator:

(a) applies in writing for an approval; and

(b) identifies each of the relevant standards, by reference to the specific provision in the MOS, which it is proposed will not be met, and explains why it will not be met; and

(c) states the length of the period during which each relevant standard will not be met; and

(d) sets out in an accompanying safety assessment:

 (i) the effect on aerodrome and aviation safety of not meeting each of the relevant standards; and

 (ii) either:

             (A) the measures proposed to mitigate those effects; or
             (B) the measures proposed to achieve the same safety outcome as the relevant standards in the MOS would achieve; and

(e) satisfies CASA that the approval will not have any adverse effect on aviation safety.

CHAPTER 3 DEFINITIONS ETC.

3.01