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 Industrye) evidence of compliance with all relevant environmental laws and, if not required byany other Australian law, the provision of an Environmental Plan; 46f) a Flight Test Plan for new or substantially modified launch vehicles; 47g) a Technology Security Plan for ensuring the security of technology used by thelaunch operator from being unlawfully acquired and/or exported; 48h) an Emergency Plan for detailing procedures dealing with incidents or accidents atthe launch facility or in relation to the launch vehicle; 49 andi) documents containing all relevant engineering details, technical specifications,standards compliance programs and other technical information relating to thelaunch vehicle or any technical recognition agreement relating to it, especially inrelation to the on board structural, propulsion, fuel, electrical, electronic and flightsafety systems. 50The Program Management Plan for a launch facility and the specific launch vehicleinvolves descriptions of strategies and practices relating to the control and operation ofthe launch facility and the launch vehicle. 51 The Program Management Plan also includespractices and procedures for quality assurance, document management, maintenance andservice of the launch facility and the launch vehicle as drafted with the flight safetyconsiderations in mind. 52The Environmental Plan, if required in connection with a launch facility, must set outthe launch operator’s arrangements to monitor and mitigate adverse effects on theenvironment. 53 The Environmental Plan must set out the procedures for implementing,reporting and reviewing the Plan by the launch operator. 54 The Act requires a suitablyqualified and experienced person to independently assess the Environmental Plan for itsadequacy in protecting the nearby environment. 55The Flight Test Plan is required for a new launch vehicle or one that has been newly andsubstantially modified from an existing model. 56 For the purposes of the Regulations, a45Regulation 2.06(4)(d) and (da).46Regulation 2.08(4). The relevant environmental legislation that may apply to a launch operation include theEnvironmental Protection and Biodiversity Conservation Act 1999 (Cth), which applies to federal areas and declaredwetlands, world heritage properties and in relation to activities affecting certain protected species. In addition, theenvironmental legislation of the states and territories may have application instead of or in concurrence with thefederal law, such as the Environmental Protection Act 1986 (WA), the Environment Protection Act 1993 (SA) or theEnvironmental Protection Act 1994 (Qld). It is only where an environmental plan is not required under any of theselaws would the launch operator be required to submit one with the Space Licence application.47Regulations 2.06(4)(e) and 2.12.48Regulations 2.06(4)(f) and 2.13.49Regulations 2.06(4)(g) and 2.14.50Regulations 2.06(4)(k) and 2.15.51Regulation 2.11.52Ibid.53Regulation 2.17(1).54Regulation 2.17(2).55Regulation 2.08(4)(j).56Regulation 2.08(7).124