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

• 1967 – first Australian Government launch

• 1970s onwards – bilateral launch agreements with Germany, Canada etc

• 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

# Date Location Spacecraft/Payload

LaunchVehicle

Result Licensee

4 12 June2003

KourouSpaceport,

FrenchGuiana

Optus C-1Communications

Satellite

Ariane 44L/5 Success Optus

 

3 14December

2002

TanegashemaLaunch

Complex,Japan

FedSat H-IIA Success CSIRO/CRCSS

 

2 30 July2002

Woomera Hyshot Scramjet Terrier-Orion Success Universityof

Queensland1 30

October2001

Woomera Hyshot Scramjet Terrier-Orion Failure Universityof

Queensland

Steven Freeland, University of Western Sydney 11

Proposed Future Space Activities under Legislation as at

30 March 2005

# Date Activity Location Spacecraft/Payload LaunchVehicle

Licensee

5 4 Q2005

Launch KourouSpaceport,

FrenchGuiana

Optus D-1Communications

satellite

Ariane 5 Optus

6 1 Q2007

Launch KourouSpaceport,

FrenchGuiana

Optus D-2Communications

satellite

Soyuz Optus 

 

7 2 Q2007

Return Woomera Hayabusa (Muses-C) Re-entry Capsule

- JAXA

Steven Freeland, University of Western Sydney 12

Space Activities Act 1998 (Cth) -Liability for Damage

• Liability rules based on 1972 Liability Convention

• Applicable during the ‘Liability Period’

• Strict Liability for ‘responsible party’ where damage on

Earth / aircraft in flight

• Unless gross negligence by injured party

• Fault Liability for ‘responsible party’ for other damage

• Maximum liability for responsible party – ‘Maximum

Probable Loss’ or Statutory ceiling (A$750 million)

• Unlimited liability for Australian national without permit /

in breach of permit

• Licences set various insurance / funding requirements

Steven Freeland, University of Western Sydney 13

Space Activities Act 1998 (Cth) -‘Some Room for Improvement’

• Fee structure

• Do common law tort claims in Australia for damages still

apply?

• If so – what (if any) limitations of damage exist?

• Damage outside the liability period?

• Costs associated with investigation of accidents

• No requirement to provide information to United Nations

Register

• Use of Liability Convention definitions without further

clarification – ‘damage’, ‘fault’, ‘gross negligence’,

‘launching State’ - an opportunity missed?

Steven Freeland, University of Western Sydney 14

Australian Space PolicyGovernment Review 2004

• Recent review of formal space policy by Australian Government

• Published document (revised August 2004) - ‘Australian Government Space Engagement – Policy Framework and Overview’

• Future space engagement

– user driven– based on cooperation– based on Australia’s technological competitive

advantages– concentration on ‘niche’ industries– no express promotion of establishment of an Australian

Space Agency– allows for facilitation of launch activities but

» no dedicated space program» no (additional) specific industry support» only on a ‘merits’ basis

Steven Freeland, University of Western Sydney 15

Australian Current Space Policy – ‘Compatible with Aims of

Legislation?’

• Future policy based on

– national security

– politics

– strategic alliances (USA)

– military cooperation

– economic viability

– pragmatism / opportunities

Steven Freeland, University of Western Sydney 16

Australian satellites

InternationalDesignator

Name ofSpaceObject

State/Organization

Date ofLaunch

GSOLocation

NuclearPowerSource

UNRegistered

Document ofRegistration

StatusDate of

Decay orChange

Document ofDecay or Change

Function of SpaceObject

[1967-118A] WRESAT 1[(SPARTA)] Australia 29/11/1967 ------ ------ Yes A/AC.105/INF.180 [decayed] [10/01/1968] ------

Upper atmosphereand spaceresearch.

1970-008B OSCAR 5 Australia 23/01/1970 ------ ------ Yes A/AC.105/INF.223 in orbit ------ ------

Practicalapplications ofspace basedtechnologies

1985-076B AUSSAT 1(OPTUS A1) Australia 27/08/1985

+160degreesEast

------ Yes ST/SG/SER.E/259 [decayed] [2/12/2003] ------ Commercialcommunications

1985-109C AUSSAT 2(OPTUS A2) Australia 27/11/1985

+156.0degreesEast [+122degreesEast]

------ Yes ST/SG/SER.E/259 [decayed] [01/05/2001] ------ Commercialcommunications

[1987-078A] AUSSAT 3[OPTUS A3] Australia 15/09/1987

+164degreesEast

------ Yes ST/SG/SER.E/199 in GSO ------ ST/SG/SER.E/259 Communication

1992-054A OPTUS B1 Australia 13/08/1992+160degreesEast

------ Yes ST/SG/SER.E/259 in GSO ------ ------ Commercialcommunications

[1992-090A] [OPTUS B2(+3rd stage)] [Australia] [21/12/1992] ------ ------ No ------ [decayed] [29/06/1995] ------ ------

1994-055A OPTUS B3 Australia 27/08/1994 156 degreesEast ------ Yes ST/SG/SER.E/435 In GSO ------ ------ Communications

1998-043EWPLTN 1(FIZEAU,WESTPAC)

Australia –Electro OpticSystems

10/07/1998 ------ ------ Yes ST/SG/SER.E/348 in orbit ------ ST/SG/SER.E/350 Laser ranging

2002-056B Fedsat 1 Australia 14/12/02 ------ ------ Yes ST/SG/SER.E/435 In orbit ------ ------ Communicationsresearch

2003-028B Optus C1 Australia 11/6/2003 156 degreesEast ------- Yes ST/SG/SER.E/435 in GSO ------ ------ Commercial

communications