Global and European Challenges for Air and Space Law at the Edge of the 21 st Century

1. Project 2001 Plus Global and European Challenges for Air and Space Law at the Edge of the 21st Century International Symposium 8-10 June 2005 Steven Freeland University of Western Sydney, Australia

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 Steven Freeland, University of Western Sydney

11. Proposed Future Space Activities under Legislation as at 30 March 2005 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. Steven Freeland, University of Western Sydney