There are existing measures to deal with that sort of situation.
Midnight,
Which of the hourly rates do you think CASA would levy for such an application, the $130 p/h or does it need expert technical consideration, at $190 p/h, and for how many hours. As I assume you know, it is not just a matter of applying to Airservices.
Why don't you just accept the fact that CASA has got it wrong, as a Prince of Process yourself, you should understand that CASA did NOT undertake the process they should have, including a safety case for such a fundamental change in "interpretation" of CAR 166.
That OAR ( or whatever it is called now) have put so much effort into assuring the matter is not "officially" discussed should tell you something.
Tootle pip!!