Creamy,
A CAO is a delegated legislation and therefore rest in the Senate for 14 days where it may be discussed and voted on or automatically approved.
Yes we have taken legal advise and reserved QCs for our fight if it comes to pass. A friend actually met the former Chief Justice and told him of our use of his Dictum when asked (tongue in cheek) for his advise he smiled and said "I would be very careful if I was You" Probably true words from an elderly sage.
While there is no punitive action possible against the Minister ARG etc. they cannot overwrite your rights under common law.
The question we are preparing for is whether they can direct us to do a negligent act?
If there is a loss of property or god forbid life and an adverse coronial enquiry then the baloon goes up.
In both these scenarios there is legal doubts, one solution would be for the Airport Owners Association to advise owners to close the airports or restrict access to non TCAS equipt aircraft, if an unproven terminal airspce system is to be forced upon our major regional airports. This is under consideration pending the CASA NPRM report.
Alternatively as our State Governments control worksafe practices we may well need to close active runways prior to allowing staff to caryout maintenance. Certainly we have been advised without Mandatory calls and possible aircraft without radios using the airport an active runway is not a safe working enviroment.
Then you have State Legislation against Federal legislation, normally it is the Fedral Legislation pervails however in this case it is in an area(worksafe) that is not covered by Federal Law.
Four things are certain:
1 The lawyers will make heaps
2 The Minister will have to show his hand and not hide behind others.
3 It is going to get very messy unless they have done a proper Design Safety Analysis.
4 The Senate, the State Labour Governments and the press will have a field day.
The question I keep asking is- why are we doing this to a system that has its own culture and has delivered excellent results?
Comparitive cost analysis shows our system is cost effective, there is no reputable report or analysis that demonstrates major cost savings.
Dick Smith says D Class Tower for Broome what about Ayers,KTA,KAL these towers cost Millions to instal and millions p.a. to run and by our DAS and FAA analysis are not required yet.
Airspace C to E no analysis on effects or costs. I ask again is there cost savings? VoR?
What are we doing and Why?? Why Oh Why???
Last edited by WALLEY2; 26th Apr 2004 at 14:41.