Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p58
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 58/70)
Character Range: 3267071–3269799

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.
 (3) If CASA makes a determination under subregulation (1) or (2), CASA must:
 (a) publish in the AIP or NOTAMS the particulars of the hazard to which the determination relates, unless the hazard is of a kind that the operator of a certified aerodrome is required to report under Division 139.C.3 (aerodrome inspections, monitoring and reporting); and
 (b) if CASA can identify a person who owns, or is in occupation or control of, the object, structure or emissions source—give written notice of the determination to the person.

139.180  Determination that certain proposed objects, structures or emissions sources are a hazard to aircraft operations
 (1) If there is a proposal to construct or erect an object or structure that:
 (a) will have a height of 100 metres or more above ground level; or
 (b) will include 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;
CASA may determine, in writing, that the proposed object or structure will be a hazard to aircraft operations.
 (2) If there is a proposal 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 mentioned in regulation 139.185;
CASA may determine, in writing, that the proposed activity will be a hazard to aircraft operations.
 (3) If CASA makes a determination under subregulation (1) or (2), CASA must give written notice of the determination to:
 (a) the person proposing to construct or erect the object or structure, or undertake the activity; and
 (b) if the approval of an authority is required to construct or erect the object or structure, or undertake the activity—the authority.

139.185  Kinds of objects, structures or emissions sources that may be hazards
 (1) For the purposes of regulations 139.175 and 139.180, the Part 139 Manual of Standards may prescribe:
 (a) kinds of objects or structures that may constitute a hazard to aircraft operations; and
 (b) kinds of emissions sources that may constitute a hazard to aircraft operations.
 (2) The kinds of objects or structures that may be prescribed by the Part 139 Manual of Standards under subregulation (1) are not limited by paragraph 139.175(1)(a) or (b) or 139.180(1)(a) or (b).
 (3) The kinds of emissions sources that