Document ID: chunk:federal_register_of_legislation:F2024C01244:front:0:p23
Version: federal_register_of_legislation:F2024C01244
Segment Type: other
Provision Reference: 
Character Range: 88609–91351

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, the standards for these in this MOS apply to the operators of all new aerodrome facilities from the completion of construction of the facility until the facility is replaced or upgraded.

       (4) The relevant old MOS rules apply to the new aerodrome facility and for this purpose the relevant old MOS rules, including the OLS associated with a runway, as in force immediately before 13 August 2020, are incorporated into this MOS; and

Note   Aerodrome facility is defined in subsection 3.01 (2). See also the Note at the end of subsection (3) in relation to processes and systems.

       (5) The requirements of this MOS apply to a new aerodrome facility if it fails to comply with the relevant old MOS rules in accordance with this section.

Note   The purpose of subsection (5) is to remove any doubt that, despite the incorporation into this MOS of previous standards for certain circumstances (relevant standards), any enforcement action for demonstrable failure to comply with those relevant standards, as provided for by this MOS, will be under Part 139 of CASR and this MOS. This is because the relevant provisions of these 2 instruments constitute the default applicable rules in the event of such a failure.

       (6) Despite anything else in this section, this MOS applies to a new aerodrome facility if, before construction of the facility is completed, the relevant or proposed aerodrome operator notifies CASA, in writing, that from a specified date, sooner than would otherwise have been the case under this section, the facility will comply with the requirements of this MOS for the facility.

2.05 Directions to upgrade a part of an existing aerodrome or facility

       (1) Subject to subsection (2), if CASA considers that an activity at an existing aerodrome or an existing aerodrome facility would have an adverse effect on aviation safety if it were not considered to be, or deemed to be, a replacement or an upgrade, CASA may use its powers under regulation 11.245 of CASR to direct the aerodrome operator to do 1 or more of the following:

(a) apply this MOS to the activity as if the activity were a replacement or an upgrade;

(b) apply this MOS to another part of the aerodrome 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