Document ID: chunk:federal_register_of_legislation:F2024L01557:front:0:p6
Version: federal_register_of_legislation:F2024L01557
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Character Range: 13618–16512

paragraph (1)(b); and
(b) it is not possible to comply with both standards;
        the designer is only required to ensure that the procedure is designed in accordance with the Manual of Standards.

12 Obstacle clearance advice to aerodrome operators—Part 173 Manual of Standards requirements
       (1) Paragraph 6.1.5 of the Part 173 Manual of Standards (Obstacle clearance advice to aerodrome operators) applies to a relevant designer in relation to a terminal instrument flight procedure mentioned in subsection 6(1) that is of a type covered by the designer's procedure design certificate:
(a) as if:
 (i) the words "the aerodrome operator's" were inserted before "obligations"; and
 (ii) the words "as required under CASR Part 139" were omitted; or
(b) if CASA has granted an aerodrome certificate under regulation 139.030 of CASR to a civilian aerodrome operator in respect of a joint user aerodrome—as if the reference in paragraph 6.1.5 to "as required under CASR Part 139" were a reference to "in accordance with the requirements of CASR Part 139".
Note   Paragraph 6.1.5 requires the certified designer to provide diagrams and obstacle data to an aerodrome operator sufficient to enable the operator to fulfil obligations to report and monitor obstacles in the vicinity of an aerodrome, as required under Part 139 of CASR.
The regulations (and therefore Part 139) generally do not apply to military aerodromes (see subregulation 3(5) of the Civil Aviation Regulations 1988). However, at the commencement of this instrument, the civilian aerodrome operators of the joint user aerodromes, Darwin and Townsville, were the holders of an aerodrome certificate granted by CASA under regulation 139.030 of CASR, under the scheme established by the Airports Act 1996.
       (2) To avoid doubt, for the purposes of subsection (1) above, or paragraph 6.1.5 of the Part 173 Manual of Standards as modified by subsection (1), if the listed military aerodrome is a joint user aerodrome, the relevant designer of a terminal instrument flight procedure for the aerodrome must comply with the requirements of paragraph 6.1.5 in respect of each aerodrome operator of that aerodrome.
       (3) A relevant designer must provide details to CASA on any arrangements the designer makes with the aerodrome operator of a listed military aerodrome for the purposes of:
(a) subsection (2) of this section; or
(b) paragraph 2.1.1.1(h) of the Part 173 Manual of Standards (including arrangements required by subsection 13(2) of this instrument); or
(c) paragraph 2.1.1.1(i) of the Part 173 Manual of Standards.
       (4) The designer must provide the information about an arrangement, required by subsection (3), to CASA in writing, within 60 days after:
(a) this instrument commences; or
(b) the arrangement is made;
whichever occurs later.
Note   Under paragraph 6.1.5 of the Part 173 Manual of Standards,