Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.035

  (1)   CASA may, by written notice given to the holder of an aerodrome certificate, suspend or cancel the certificate if CASA reasonably believes that:

  (a)   the aerodrome facilities and equipment do not comply with this Part or the Part   139 Manual of Standards; or

  (b)   the aerodrome manual for the aerodrome does not comply with the requirements mentioned in regulation   139.045; or

  (c)   the aerodrome does not comply with the requirements that apply in relation to the aerodrome under Division   139.C.4 (safety management, emergency preparedness and other systems); or

  (d)   the holder is not operating or maintaining the aerodrome safely and in accordance with the aerodrome manual for the aerodrome and the civil aviation legislation; or

  (e)   the holder has failed to operate and maintain the aerodrome with a reasonable degree of care and diligence; or

  (f)   a condition to which the certificate is subject has been breached; or

  (g)   the aerodrome facilities and equipment, or the operations or maintenance of the aerodrome, are not of the standard necessary in the interests of the safety of air navigation; or

  (h)   the holder has failed to comply with regulation   139.135.

  (2)   Before suspending or cancelling an aerodrome certificate, CASA must:

  (a)   give to the holder a show cause notice that:

  (i)   sets out the facts and circumstances that, in the opinion of CASA, would justify the suspension or cancellation; and

  (ii)   invites the holder to show cause, in writing, within 30 days after the date of the notice, why the certificate should not be suspended or cancelled; and

  (b)   take into account any written submissions that the holder makes to CASA within the time allowed under subparagraph   (a)(ii).

  (3)   Suspension or cancellation under this regulation has effect:

  (a)   if a time is specified in the notice given by CASA under subregulation   (1)--at that time; or

  (b)   otherwise--at the time the holder is given the written notice under subregulation   (1).

  (4)   Suspension under this regulation ceases to have effect:

  (a)   if the notice given by CASA under subregulation   (1) specifies a time at which the suspension is to cease--at that time; or

  (b)   otherwise--at the time CASA directs, by written notice to the person who, immediately before the suspension, was the holder of the aerodrome certificate.

  (5)   If an aerodrome certificate is suspended under this regulation, the certificate is not in force during the period of the suspension.