Proposed Part 139 (aerodromes) transition strategy - (PP 1916AS)

Closes 2 Mar 2020

Policy proposal three – Application of grandfathering provisions for active infrastructure projects and funding applications

Proposed policy

Prior to commencement, new aerodromes or facilities under construction, or approved building or funding applications will also be recognised under grandfathering provisions in the following circumstances:

  • aerodrome facilities under construction prior to 6 September 2019
  • building developments or funding applications approved by the relevant authority or funding body prior to 6 September 2019
  • building developments or funding applications submitted prior to 6 September 2019 and not decided by 6 September 2019
  • in relation to the approved building works, the aerodrome operator must provide evidence that:
    • Where they have started construction before 6 September 2019 that the construction work is intended to be completed no later than 13 August 2021.
    • Where construction commences on or after 6 September 2019, that the construction work is intended to begin no later than 13 August 2021 and the construction work is intended to be completed no later than 13 August 2022.

Objective

The new Part 139 MOS was registered on the Federal Register of Legislation on 6 September 2019. From that time, CASA expects aerodrome operators to begin planning any aerodrome construction or changes to an aerodrome facility in accordance with the requirements under the new framework. To allow existing aerodrome developments and approved building and funding applications to continue on commencement of the new Part 139 of CASR and Part 139 MOS,  it is appropriate to recognise those aerodrome developments underway or approved under the old MOS.

Do you agree with the proposed grandfathering provisions:

  • to allow aerodrome developments, approved or applied for prior to 6 September 2019 whose construction will not be complete before 13 August 2020, to be developed under the old MOS
  • for construction commenced before 6 September 2019 and intended to be completed no later than 13 August 2021
  • for construction commenced on or after 6 September 2019 that the construction work is intended to begin no later than 13 August 2021 and intended to be completed no later than 13 August 2022?