Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p53
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 53/70)
Character Range: 3254047–3256929

safety assessment demonstrating that the requested variation in relation to the use of an aerodrome ground surveillance system is necessary to ensure the safe control of aircraft and vehicles operating in the relevant areas of the aerodrome.
 (4) Before making a request under subregulation (1), the ATS provider must consult the operator of the aerodrome in relation to the request.

CASA may impose or vary condition
 (5) CASA may, in accordance with regulation 11.067:
 (a) impose the condition mentioned in subregulation (1) of this regulation on an aerodrome certificate; or
 (b) if such a condition has been imposed on the aerodrome certificate—vary the condition.
Note: For breach of a condition imposed under regulation 11.067, see the offence in regulation 11.077.
 (6) The condition may include requirements relating to the aerodrome ground surveillance system to be operated.
 (7) The condition, or variation of the condition, may be different from the condition or variation requested by the ATS provider.

Notice of decisions etc.
 (8) If CASA decides to impose or vary the condition mentioned in subregulation (1):
 (a) CASA must give notice of the decision to both the ATS provider and the holder of the aerodrome certificate; and
 (b) the time the condition or variation takes effect must not be less than 6 months after the date of the notice of the decision.
 (9) If CASA decides to refuse a request from an ATS provider under subregulation (1), CASA must:
 (a) give written notice of the decision, and the reasons for the decision, to the ATS provider; and
 (b) do so as soon as practicable.

CASA's other powers to impose or vary conditions not affected
 (10) This regulation does not limit any other power of CASA to impose a condition on an aerodrome certificate or vary a condition of an aerodrome certificate.
Note: See for example the powers in regulations 11.056, 11.067 and 11.068.

139.130  Requirements for aerodrome ground surveillance systems
 (1) The Part 139 Manual of Standards may prescribe requirements relating to aerodrome ground surveillance systems.
 (2) Without limiting subregulation (1), the Part 139 Manual of Standards may prescribe requirements relating to the following:
 (a) surveillance and communications equipment that must be installed on vehicles moving in areas of an aerodrome in which an aerodrome ground surveillance system operates;
 (b) establishing procedures for vehicle movements in areas of an aerodrome in which an aerodrome ground surveillance system operates.
 (3) The operator of a certified aerodrome contravenes this subregulation if:
 (a) it is a condition of the aerodrome certificate that an aerodrome ground surveillance system operate in relation to the aerodrome; and
 (b) a requirement mentioned in subregulation (1) applies in relation to the aerodrome ground surveillance system; and
 (c) the requirement