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(a) An aerodrome operator that does not hold an aerodrome operator certificate or a qualifying aerodrome operator certificate may be required by the Director to provide an aeronautical study if —
(1) the Director considers that a significant change has occurred or on reasonable grounds is likely to occur that may affect the operation or use of the aerodrome; or
(2) a significant concern indicating risk to aviation safety is raised by any person; or
(3) the Director has issued a conditional determination under rule 157.11(a)(2) in relation to—
(i) a change of the type described in paragraph (a)(1); or
(ii) a concern of the type described in paragraph (a)(2); or
(4) the Director has issued an objectionable determination under rule 157.11(a)(3) in relation to—
(i) a change of the type described in paragraph (a)(1); or
(ii) a concern of the type described in paragraph (a)(2).
(b) For the purpose of paragraph (a)(1), a significant change includes—
(1) the commencement or proposed commencement of a regular air operation using an aeroplane that has—
(i) a certificated seating capacity of more than 9 passengers; or
(ii) a payload capacity of 3410 kg or less and a MCTOW of greater than 5700 kg; or
(iii) a single engine and performs an SEIFR passenger operation; or
(2) a significant increase in aerodrome aircraft traffic volumes; or
(3) a significant change in type of aircraft using, or type of aircraft operations carried out at, the aerodrome; or
(4) a significant change in the aerodrome’s physical characteristics; or
(5) an increase in accidents or incidents at or in the vicinity of the aerodrome; or
(6) when annual aircraft movements at the aerodrome are forecast to exceed, for 3 consecutive years,—
(i) 40,000 or more combined VFR and IFR movements; or
(ii) 7,500 or more IFR movements; or
(iii) 60,000 or more combined VFR and IFR movements of which 9,000 or more are IFR movements; or
(iv) 15,000 or more IFR movements; or
(v) 100,000 or more combined VFR and IFR movements.
(c) If the Director requires an aeronautical study, the request must—
(1) be made in writing; and
(2) specify a reason for the request; and
(3) specify the scope of the aeronautical study required; and
(4) specify a date, before which, the aeronautical study must be provided.
(d) A person who has been required by the Director to conduct an aeronautical study must—
(1) consult with such persons, industry representatives, representative groups and organisations as the Director considers appropriate; and
(2) in the aeronautical study, identify—
(i) the effects the aerodrome design or use has on the safe and efficient use of the aerodrome by aircraft, and on the safety of persons and property on the ground; and
(ii) current and proposed risk mitigation measures; and
(3) submit the aeronautical study to the Director before the date specified in the request.
(e) The Director may require the person to provide further information if the Director considers that an aeronautical study does not contain sufficient information to enable the Director to identify and assess the risk to aviation safety of the operation of the aerodrome.
(f) A person required to provide further information, must provide the required information to the Director.
(a) After receiving an aeronautical study that was submitted under 139.21(d)(3), the Director must determine that an aerodrome is a qualifying aerodrome if the Director considers that the level of risk to aviation safety, assessed under paragraph (b), is such that it must be managed under the authority of a qualifying aerodrome operator certificate.
(b) Before making a determination, the Director must—
(1) conduct a safety review to assess the risk to aviation safety of the operation of an aerodrome by taking into account—
(i) the aeronautical study provided under rule 139.21 including all current and proposed risk mitigation measures; and
(ii) all risks identified in relation to the aerodrome; and
(iii) the matters specified in rule 139.21(b); and
(iv) any other relevant information; and
(2) consult with the aerodrome operator to—
(i) determine if the aerodrome operator can mitigate or eliminate any identified risk to aviation safety; and
(ii) determine whether, if the actions identified under subparagraph (2)(i) are taken, the risks to aviation safety will be managed to a level at which no determination will be required; and
(3) consult with any other party and aviation industry participant, that the Director considers may be appropriate, to determine if a determination is required.
(c) For the purpose of paragraph (b)(1)(i), the Director may, if the Director considers it appropriate, use an aeronautical study that was prepared under Part 157 instead of an aeronautical study required under rule 139.21.
The Director must, as soon as practicable after making a determination, advise the aerodrome operator, in writing of—
(1) the determination; and
(2) the date on which the determination comes into effect; and
(3) the reasons for the determination; and
(4) the aerodrome operator’s right of appeal under section 453 of the Act.
A determination comes into effect on the date specified by the Director.
(a) If requested by an aerodrome operator, the Director may revoke a determination made for an aerodrome if the Director is satisfied that the criterion in rule 139.23(a) for making the determination is no longer satisfied and the aerodrome is no longer required to be managed under the authority of a qualifying aerodrome operator certificate.
(b) The onus is on the aerodrome operator to demonstrate to the Director that the criterion in rule 139.23(a) for making the determination is no longer satisfied and the aerodrome is no longer required to be managed under the authority of a qualifying aerodrome operator certificate.
(c) A revocation takes effect from the date specified by the Director.
