Electronic Proceedings - United Nations Office for Outer Space Affairs

RICKY J. LEEThe Australian Space Activities Act 1998: Building the Regulatory Capacity for an Australian Launch IndustryREGULATED SPACE ACTIVITIESIntroductionIn all other States with legislative or regulatory frameworks for space launches, privatespace activities are generally regulated by an all-inclusive licence. 28 In Australia, on theother hand, the Act provides for the several different categories of regulatory approvalsfor different types of launch activities and they are as follows:• a Space Licence for operating a launch facility in Australia in conjunction with aspecific launch vehicle along particular flight paths; 29• a Launch Permit for a launch operator to launch a space object or a series of spaceobjects from Australia and any associated returns, either the launch vehicle or thepayload, to Australia; 30• an Overseas Launch Certificate for an Australian satellite owner to launch a spaceobject or a series of space objects overseas; 31• an Authorisation of Return for the return to Australia of a space object that waslaunched from overseas; 32 and• an Exemption Certificate to provide for emergency launches. 33In the case of “approved scientific or educational organisations”, the Act subjectsthem to the same regulatory burden as commercial launch operators, but the fees payablein relation to each required licence are substantially reduced. 34 The Act requires theGovernment to enact guidelines on the criteria for an organisation to be declared as anapproved scientific or educational organisation and, with the enactment of the SpaceActivities Amendment Act 2002, this is likely to occur in the near future. 35Launch Permits, Overseas Launch Certificates and Authorisations of Return all requirethe relevant applicant to satisfy the insurance or financial responsibility requirementsimposed in Division 7 of Part 3 of the Act. This is intended to provide both the launchoperator and the Australian Government with insurance cover for their liability toAustralian and foreign third parties. The criteria, required documents and theconditions for each of the licences are discussed below.28See Commercial Space Launch Act 1984 (US); Outer Space Act 1986 (UK); Space Affairs Act 1993 (South Africa); andSpace Activities Act 1982 (Sweden)29Section 15.30Sections 11 and 26.31Section 12.32Section 14.33Section 46 and Regulation 6.01.34Section 59(6A).35Sections 8A and 8B.121