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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.702 Transitional aerodrome certificates--effect

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.702

Transitional aerodrome certificates--effect

Scope

  (1)   This regulation applies in relation to an aerodrome while a transitional aerodrome certificate is in force for the aerodrome (see regulation   202.701).

Application of the Regulations

  (2)   During the certificate transition period for the aerodrome:

  (a)   the transitional aerodrome certificate has effect for the aerodrome, unless it is sooner suspended or cancelled, and subject otherwise to the new Part   139 Regulations; and

  (b)   the new Part   139 Regulations apply in relation to the aerodrome as if the certificate had been granted to the operator of the aerodrome under regulation   139.030 of the new Part   139 Regulations (subject to subregulations (3) and (4) of this regulation); and

  (c)   in the case of a transitional aerodrome certificate mentioned in paragraph   202.701(1)(a)--any conditions applying to the certificate immediately before the commencement time continue to apply in relation to the certificate, subject to the new Part   139 Regulations.

  (3)   In the case of a transitional aerodrome certificate mentioned in paragraph   202.701(1)(a) or (b), during the certificate transition period:

  (a)   Division   139.B.2 of the old Part   139 Regulations applies to the operator of the aerodrome; and

  (b)   Division   139.C.1 of the new Part   139 Regulations does not apply to the operator of the aerodrome; and

  (c)   a reference in the new Part   139 Regulations to a provision of Division   139.C.1 (which includes regulations   139.045 to 139.060) is taken to be a reference to the corresponding provision of Division   139.B.2 of the old Part   139 Regulations.

Note:   Those Divisions deal with requirements in relation to aerodrome manuals for certified aerodromes.

  (4)   In the case of a transitional aerodrome certificate mentioned in paragraph   202.701(1)(c) or (d), during the certificate transition period the following provisions of the new Part   139 Regulations do not apply to the operator of the aerodrome:

  (a)   paragraph   139.035(1)(b);

  (b)   Division   139.C.1.

New aerodrome certificate--requirement for new manual

  (5)   The operator of the aerodrome may give CASA a proposed new aerodrome manual (a new manual ) for the aerodrome prepared for the purpose of compliance with the requirements mentioned in regulation   139.045 of the new Part   139 Regulations before the new manual day for the aerodrome.

  (6)   The new manual day , for the aerodrome, is:

  (a)   in the case of an aerodrome for which a transitional aerodrome certificate mentioned in paragraph   202.701(1)(a) or (b) is in force--13   May 2021; or

  (b)   in the case of an aerodrome for which a transitional aerodrome certificate mentioned in paragraph   202.701(1)(c) or (d) is in force--13   May 2022.

  (7)   If the operator of the aerodrome 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 Appeals 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 Appeals 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 Appeals Tribunal must generally be made within 28 days after the applicant is notified of the decision (see section   29 of the Administrative Appeals Tribunal Act 1975 ). For stay orders by the Tribunal, see section   41 of that Act.

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 effect (see subregulation   (9)); or

  (d)   if CASA cancels the certificate before the occurrence of any of the events mentioned in paragraphs   (a) to (c)--when the cancellation comes into effect.

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