Global and European Global and European Challenges for Air and Challenges for Air and Space Law at the Edge of Space Law at the Edge of the the 21 21 st st Century Century International Symposium 8-10 June 2005 Project 2001 Plus Steven Freeland iversity of Western Sydney, Australia
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Global and European Challenges for Air and Space Law at the Edge of the 21 st Century International Symposium 8-10 June 2005 Project 2001 Plus Steven Freeland.
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Global and European Global and European Challenges for Air and Space Challenges for Air and Space
Law at the Edge of the Law at the Edge of the 2121stst Century Century
International Symposium8-10 June 2005
Project 2001 Plus
Steven Freeland
University of Western Sydney, Australia
Steven Freeland, University of Western Sydney 2
Difficulties of Implementing National Space Legislation
Exemplified by the Australian Approach
‘A Tale of Two Quotes’
Steven Freeland, University of Western Sydney 3
‘The Bill institutes a comprehensive regulatory framework for space
activities in Australia or involving Australian interests. This will enable
Australia to attract investment by commercial interests, while ensuring that Australia meets its obligations
under the United Nations space treaties and that Australia’s national interests are properly safeguarded’
*Senator Nick Minchin, Minister for Industry, Science and Resources, Explanatory Memorandum, Space Activities Bill 1998, November 1998.
Steven Freeland, University of Western Sydney 4
‘Imagine how much more we could achieve if Australia shared the belief of virtually all other developed countries,
that a long-term space program is essential for economic development,
education and security’
*Professor Andrew Parfitt, Chief Executive Officer of the Australian-based Cooperative Research Centre for Satellite Systems (CRCSS), which is expected to close down by the end of 2005 due to lack of Government funding: quoted in
‘Milestone For Australian Satellite As Space Effort Hits Wall’ Space Daily 15 December 2004 (accessed at www.spacedaily.com on 20 January 2005)
Steven Freeland, University of Western Sydney 5
Attractions of Australia as a Launch Site
• Geographic location
• Technical expertise
• Well-developed infrastructure/ communications / transport
• Stable political environment
• Large areas of low population density
• Close strategic (military) alliances
• Advocate of non-proliferation
• Australia’s space history
Steven Freeland, University of Western Sydney 6
Australia’s Early Involvement in Space Activities
• 1949 onwards – Woomera first considered as a launch site
• 1961 – bilateral arrangements with USA – development of tracking stations
• 1990s – significant private sector interest in Australia as a launch site
Steven Freeland, University of Western Sydney 7
Australian Space Program - Recent History
• 1997 - Kistler Aerospace proposal - Woomera
• other commercial launch operators subsequently announce intention to launch from Australia
Asia-Pacific Space Centre (APSC) - Christmas Island
United Launch Systems International (ULSI) - Gladstone
SpaceLift - Woomera
Space Projects Australia – Woomera
• 1998 - Space Activities Act (Cth) – despite its name it deals principally only with launches
• by 2003 – all but APSC project not actively progressing
• May 2001 – Australian – Russia Agreement for jointly sponsored space activities
• June 2001 – Australian Government announces $100 million contribution towards $800 million launch facility on Christmas Island
Steven Freeland, University of Western Sydney 8
Australian Space LegislationSpace Activities Act 1998 (Cth)
• in force 21 December 1998• Regulations / Guidelines under the legislation have followed to
deal with specific details• launch activities responsibility of the Department of Industry,
Science and Resources • provides for implementation of the major Space Treaties • establishes a licensing regime for space (launch) activities in
Australia and by Australian nationals overseas• Space Licensing and Safety Office (SLASO) established to
administer the Act • deals with liability under the 1972 Liability Convention &
registration under the 1975 Registration Convention• defines ‘launch’, ‘launch vehicle’, ‘return’, ‘space object’ with
reference to altitude of 100km above sea level• provides for appointment of investigator in case of accidents• Space Activities Amendment (Bilateral Agreement) Act 2001 (Cth)
- implements Australia-Russia intergovernmental agreement• domestic legislation also exists relating to private launch
activities
Steven Freeland, University of Western Sydney 9
Space Activities Act 1998 (Cth)Licensing Regime
• Space Licence
• for operating a launch facility in Australia using a particular kind of launch vehicle
• Launch Permit
• for launch(es) of space objects from Australia and connected returns
• Overseas Launch Certificate
• for launch(es) of a space object by an Australian national from outside Australia
• Authorisation of Return
• for space objects launched from outside Australia to return to Australia
• Exemption Certificates
• granted at the discretion of the Minister - exempts an entity from the licensing requirements of the Act
• For emergency situations
Steven Freeland, University of Western Sydney 10
Completed Space Activities under Legislation as at 30 March 2005