Document ID: chunk:federal_register_of_legislation:F2024C01244:front:0:p22
Version: federal_register_of_legislation:F2024C01244
Segment Type: other
Provision Reference: 
Character Range: 85954–88892

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;

(d) application for a final building approval mentioned in paragraph (b), provided that:

           (i) the application is successful, and the approval is granted before 13 November 2021; and
           (ii) the construction is intended:
            (A) to begin before 13 November 2021; and
            (B) to be completed before 13 November 2022; and
           (iii) the operator has a demonstrable plan to achieve such a beginning and such a completion; and
           (iv) CASA is satisfied, not later than the end of 13 August 2020, that subparagraphs (ii) and (iii) are the case;

(e) application for grant of funding, or funding approval, mentioned in paragraph (c), provided that:

           (i) the application is successful and the funding, or funding approval, is granted before 13 November 2021; and
           (ii) the construction is intended:
            (A) to begin before 13 November 2021; and
            (B) to be completed before 13 November 2022; and
           (iii) the operator has a demonstrable plan to achieve such a beginning and such a completion; and
           (iv) the operator satisfies CASA that subparagraphs (ii) and (iii) are the case.

       (2) Subject to subsection (3), this MOS applies to the relevant or proposed aerodrome operator of a new aerodrome facility (the new aerodrome facility).

       (3) The standards in this MOS for an aerodrome facility and the obstacle limitation surfaces associated with a runway (the OLS) do not apply to the new aerodrome facility of the same kind as long as that facility:

(a) complies with the standards under the Manual of Standards (MOS) – Part 139 Aerodromes for the aerodrome facility (including the OLS associated with a runway), as in force immediately before 13 August 2020 (the relevant old MOS rules); and

(b) is not:

           (i) replaced; or
           (ii) upgraded; and

(c) is maintained in accordance with the requirements of this MOS for the same kind of facility.

Note   Subsection 2.04A (3) indicates when this MOS does not apply to a new aerodrome facility. Without this protected status, all of the requirements of this MOS would apply. With protected status, only the standards in this MOS for an aerodrome facility and for the obstacle limitation surfaces associated with a new runway that is, or is part of, such a new facility, do not apply. Instead, the standards for the aerodrome facility and runway-associated obstacle limitation surfaces contained in the relevant old MOS rules apply. Processes or systems are not aerodrome facilities (as defined) and, subject to any transitional provisions,