[Peetwo]

Mr Carmody: I will certainly look at that.

Carmody's look at that??

Somewhat gobsmacked I noted that Senator Fawcett's probing QON was answered today by CC...

QON 122 at 02:28 here:

Answer:

Part 12 of the Airports Act 1996 prohibits the intrusion of controlled activities (e.g. buildings, cranes and other structures, etc) into the prescribed airspace of leased federal airports (i.e. those airports that operate under a lease with the Commonwealth) without an approval granted under the Airports (Protection of Airspace) Regulations (APARs). The Department of Infrastructure and Regional Development administers the APARs. CASA will provide advice on aviation safety matters related to a proposed controlled activity to the Department, in accordance with the APARs.

As part of its comprehensive assessment of the proposed controlled activity, CASA will consider:

- the Civil Aviation Safety Regulation Part 139-Aerodromes and its Manual of Standards, in particular the regulatory arrangements associated with the establishment of Obstacle Limitation Surfaces;
- the International Civil Aviation Organization (ICAO) Annex 14-Aerodromes;
- the ICAO Document 8168 Procedures for Air Navigation-Aircraft Operations (PANS-OPS), in particular the instrument procedure design surfaces (PANS-OPS surfaces) associated with the leased Federal airport in question; and
- the National Airports Safeguarding Framework and associated guidelines;

CASA’s advice will take one of the following forms:
 - the proposal is acceptable without risk mitigation;
 - the proposal is acceptable subject to conditions imposing risk mitigation measures; or
 - the proposal is unacceptable.

The APARs specify a proposed controlled activity must not be approved by the Secretary if CASA advises that carrying out the controlled activity would have an unacceptable effect on the safety of existing or future air transport operations into or out of the airport concerned. In other circumstances, CASA’s advice on risk mitigation measures will be considered by the Department in making its decision.

Besides creating more questions than answers, it would appear that the CC answer is very gently attempting to throw M&M under the bus...

For those interested here are the APARS to which CC refers:

TABLE OF PROVISIONS
 1. Name of regulations  
2. Object of Regulations
3. Meaning of terms  
4. Ascertainment of OLS and PANS-OPS surfaces  
5. Declaration as to preservation of airspace  
6. Prescribed airspace  
6A. Level of air turbulence  
7. Application for approval to carry out controlled activity  
8. Local government body etc to give notice  
9. Intrusion into PANS-OPS airspace  
10. Submissions about intrusion into prescribed airspace  
11. Giving application to Secretary  
12. Request for more information  
13. Consideration of application  
14. Secretary to approve, or refuse to approve, proposal  
15. Notification of Secretary's decision  
15A. Notification of decisions of Secretary's delegate  
16. Variation of conditions, etc, of approval  
17. Review of Secretary's decisions  
18. Delegation

And in case you were wondering what exactly a 'controlled activity' is defined as, here is the blurb direct from the M&M PH (Pumpkin Head) website :

What is a Controlled Activity?

Any activity that infringes an airport's protected airspace is called a controlled activity, and requires approval before it can be carried out. Controlled activities include the following:

• permanent structures, such as buildings, intruding into the protected airspace
  
• temporary structures such as cranes intruding into the protected airspace
  
• any activities causing intrusions into the protected airspace through glare from artificial light or reflected sunlight, air turbulence from stacks or vents, smoke, dust, steam or other gases or particulate matter.
  

The Regulations differentiate between short-term (less than 3 months) and long-term controlled activities. The Regulations provide for the airport operator to approve short-term controlled activities, excluding PANS-OPS infringements, and for the Department to approve long-term controlled activities, or short-term controlled activities referred to it by the airport operator, including short-term infringements of the PANS-OPS surface. However, long term intrusions of the PANS-OPS surface are prohibited.

   
What say you Mr Peabody - happy with that AQON?


 MTF...P2