Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsRequest by ATS provider for condition to be imposed or varied
(1) An ATS provider for a certified aerodrome may request CASA:
(a) to impose a condition on the aerodrome certificate that an aerodrome ground surveillance system must operate in relation to one or more areas of the aerodrome; or
(b) if such a condition has been imposed on the aerodrome certificate--to vary the condition.
(2) A request under paragraph (1)(a) must:
(a) specify the areas of the aerodrome in relation to which the aerodrome ground surveillance system is to operate; and
(b) include a safety assessment demonstrating that the use of an aerodrome ground surveillance system is necessary to ensure the safe control of aircraft and vehicles operating in those areas of the aerodrome.
(3) A request under paragraph (1)(b) must:
(a) if the variation includes a change to the areas of the aerodrome in relation to which an aerodrome ground surveillance system operates--specify the changes to those areas; and
(b) include a safety assessment demonstrating that the requested variation in relation to the use of an aerodrome ground surveillance system is necessary to ensure the safe control of aircraft and vehicles operating in the relevant areas of the aerodrome.
(4) Before making a request under subregulation (1), the ATS provider must consult the operator of the aerodrome in relation to the request.
CASA may impose or vary condition
(5) CASA may, in accordance with regulation 11.067:
(a) impose the condition mentioned in subregulation (1) of this regulation on an aerodrome certificate; or
(b) if such a condition has been imposed on the aerodrome certificate--vary the condition.
Note: For breach of a condition imposed under regulation 11.067, see the offence in regulation 11.077.
(6) The condition may include requirements relating to the aerodrome ground surveillance system to be operated.
(7) The condition, or variation of the condition, may be different from the condition or variation requested by the ATS provider.
(8) If CASA decides to impose or vary the condition mentioned in subregulation (1):
(a) CASA must give notice of the decision to both the ATS provider and the holder of the aerodrome certificate; and
(b) the time the condition or variation takes effect must not be less than 6 months after the date of the notice of the decision.
(9) If CASA decides to refuse a request from an ATS provider under subregulation (1), CASA must:
(a) give written notice of the decision, and the reasons for the decision, to the ATS provider; and
(b) do so as soon as practicable.
CASA's other powers to impose or vary conditions not affected
(10) This regulation does not limit any other power of CASA to impose a condition on an aerodrome certificate or vary a condition of an aerodrome certificate.
Note: See for example the powers in regulations 11.056, 11.067
and 11.068.