Aerodrome operators holding a Part 139 certificate must ensure they comply with relevant laws and regulations. This includes but is not limited to the Civil Aviation Safety Regulations 1998 (CASR) and the Part 139 Manual of Standards (MOS).
Sometimes things don't go as planned and we can't follow the rules. In these cases, we might need a different way to do something. If that happens, an operator might ask us for special permission so they can still operate safely.
Overview
There are costs associated with your application. When we get the application, we will prepare a cost estimate.
Upon receipt of payment, we will commence work as soon as resources are available. During busy periods, there could be a delay between receipt of the application and commencement of work.
We will track the number of hours required to review, process and resolve the application. We will return any unused funds to the applicant. More complex applications may require additional funds.
Safety case
Each application must show that non-compliance with regulations will still ensure a safe environment around airports.
You will find the safety case requirements and principles in:
It includes:
- consultation and collaboration
- safety considerations
- hazard identification and analysis
- risk assessment and mitigation measures
- developing a plan for implementation.
Application requirements
Before applying for an approval or exemption, we recommend that the applicable certified aerodrome operator:
- reviews advisory circular AC 139.A-04. which shows what the application must contain:
- communicates with their assigned aerodrome inspector or contacts us to outline their proposal. We’ll provide submission instructions. If the certified aerodrome operator wishes to proceed, they must submit an application and conduct their own safety case
- provides a minimum of 90 days notice and allows a longer lead time for more complex applications.
The types of applications received from certified aerodrome operators are mostly specific to their facility and operating environment. This makes each application unique and their time frames more challenging to predict. We therefore recommend that certified aerodrome operators submit complete applications as early as possible.
Reviewing the safety case
Once we receive your application, we will analyse the safety case to verify that:
- appropriate coordination happened with the relevant stakeholders
- any Part 139 Manual of Standards failing to be met are identified
- proper identification and assessment of risk based on documented arguments e.g. physical or human factors studies, analysis of previous accidents and incidents
- the proposed mitigation measures adequately address the risk
- the time frames for planned implementation are acceptable.
If the safety case is incomplete, we will return the application to the certified aerodrome operator for completion. You can submit a revised application at any time or decide not to proceed. We will refund unused funds.
Finalisation
If we approve the application, we will send you a signed instrument. We may include conditions, which you must follow for the approval or exemption to remain valid.
If we cannot reach an agreement, we will provide a statement with reasons for rejecting the proposal.
Duration
All instruments will have an end date. Certified aerodrome operators must re-apply prior to the expiry of an instrument. You must ensure that an application is lodged at least 90 days prior to the expiry of the instrument.
The longest duration for an instrument is 3 years. For complicated applications with permanent infrastructure, we might allow a longer period, but you'll need to provide a good reason for it.
Either party can withdraw from the instrument at any time. Instruments may also become redundant if the primary legislation covers the requirement. In these cases, we will likely repeal any unnecessary instruments.