Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:22:p20
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 22 (pt 20/70)
Character Range: 4115456–4118278

gives CASA a new manual under subregulation (5), CASA must:
 (a) if the new manual complies with the requirements mentioned in regulation 139.045 of the new Part 139 Regulations—grant a new aerodrome certificate to the operator; or
 (b) in any other case—refuse to grant a new aerodrome certificate to the operator.
Note: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of:
(a) a decision refusing to grant a new aerodrome certificate; or
(b) a decision imposing a condition on a new aerodrome certificate.
 (8) Without limiting the application of any other provisions of Part 11, the following provisions of Part 11 apply (or do not apply) as follows in relation to the decision under subregulation (7) to grant, or to refuse to grant, a new aerodrome certificate to the operator of an aerodrome:
 (a) Subpart 11.B (applications for authorisations) does not apply;
 (b) regulation 11.055 (grant of authorisation) does not apply;
 (c) regulation 11.056 (authorisation may be granted subject to conditions) applies;
 (d) regulation 11.060 (notice of decision) applies as if the operator, by giving the new manual to CASA, had made an application for an aerodrome certificate under the new Part 139 Regulations;
 (e) regulation 11.065 (when authorisation comes into effect) applies;
 (f) regulations 11.067 to 11.077 (provisions relating to conditions) apply;
 (g) regulation 11.080 (authorisations not transferable) applies.
 (9) A decision to refuse to grant a new aerodrome certificate to a person under paragraph (7)(b) comes into effect when the time for making an application for review by the Administrative Review Tribunal of the decision has elapsed, subject to any order of the Tribunal or of a court staying the effect of the decision.
Note: An application for review of a decision by the Administrative Review Tribunal must generally be made within 28 days after the applicant is notified of the decision (see the Administrative Review Tribunal Rules 2024). For stay orders by the Tribunal, see section 32 of the Administrative Review Tribunal Act 2024.

Certificate transition period
 (10) The certificate transition period, in relation to a transitional aerodrome certificate, is the period starting at the commencement time or when it was granted or taken to have been granted (whichever is later), and ending:
 (a) if the operator of the aerodrome fails to give CASA a new manual before the end of the new manual day—at the end of the new manual day; or
 (b) if CASA grants a new aerodrome certificate to the operator under paragraph (7)(a)—when the certificate comes into effect (see regulation 11.065); or
 (c) if CASA makes a decision, under paragraph (7)(b), to refuse to grant a new aerodrome certificate to the operator—when the decision comes into