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 Industrya) demonstrated competence of the applicant to carry out the return; 155b) compliance with the insurance or financial responsibility requirements; 156c) the probability of causing substantial harm to public health or public safety is aslow as reasonably practicable; 157d) there are no reasons arising from Australia’s national security, foreign policy andinternational obligations make the grant of the Authorisation of Returnundesirable; 158 ande) all necessary environmental approvals are met and that an Environmental Plan forthe return is in place, either pursuant to another Australian law or otherwise. 159In satisfying the insurance or financial responsibility requirements of an Authorisationof Return, the Act imposes the same requirements on Authorisations of Return as thosefor Launch Permits. Surprisingly, for what presumably is an omission, the Regulationsdo not provide for an application fee to be payable, though this is likely to be rectified inthe near future. It was suggested during earlier public consultations that the appropriateapplication fees are A$15,000 for a commercial return and A$2,000 for one conducted byan approved scientific or educational organisation. 160Exemption CertificatesWhen the Act was originally enacted, there was no indication as to the circumstancesthat would justify the issue of an Exemption Certificate by the Government, whichallows the holder to carry out space activities that would normally require a SpaceLicence, a Launch Permit, an Overseas Launch Certificate or an Authorisation ofReturn. It was generally believed throughout the Australian space sector that theExemption Certificate was intended for governmental, educational or scientific spaceactivities, especially as the Act refers only to ascertaining the national interest andnational benefit in considering an application. The parliamentary debates also providelittle assistance on this subject. 161It was not until the enactment of the Regulations in 2001 when it became clear that anExemption Certificate is intended for emergency launches and that approved scientificor educational organisations are subject simply to lower licence fees. 162The considerations for granting an Exemption Certificate are:a) demonstrated emergency need for the space activity to take place;155Section 43(3)(a).156Section 43(3)(b).157Section 43(3)(c).158Section 43(3)(e).159Regulation 5.01.160Discussion with Dr. Michael Green, Space Licensing and Safety Office, 6 November 2002.161Section 46(2).162Regulation 6.01.139