Countries have regulated space activities for quite some time but the recent interest in space activities have brought renewed attention to the regulatory requirements for conducting outer space activities. This includes requiring licences for specified activities on both ground-based facilities and vehicles intended for outer space. This article sets out a high-level comparison of the regulatory frameworks under the United Kingdom’s Outer Space Act 1986 (UK OSA) and the Space Industry Act 2018 (UK SIA), Australia’s Space (Launches and Returns) Act 2018 (AU SLRA), Hong Kong’s Outer Space Ordinance (HK OSO) and New Zealand’s Outer Space and High Altitude Activities Act 2017 (NZ OSHAA) on three points: regulatory oversight, licensable activities, and safety requirements.
Each country’s laws envision a regulatory body overseeing outer space activities, but not all have established new and dedicated regulators for this purpose.
Australia and New Zealand have each established a new and dedicated regulator for space activities within their jurisdictions. The Australian Space Agency is the space regulator within Australia designated to administer the requirements under the AU SLRA. In New Zealand, the New Zealand Space Agency is the regulator for the defined space activities under the NZ OSHAA.
In comparison, the United Kingdom (UK) and Hong Kong have authorised existing regulators to handle space related concerns. In this regard, the UK SIA authorised the UK Civil Aviation Authority to act as regulator for space activities within the UK jurisdiction. On the other hand, the Hong Kong Office of the Communications Authority has been designated as the regulator under the HK OSO and its regulations.
Generally, the UK OSA, UK SIA, HKOSO, AU SLRA and NZ OSHAA all require a licence for launching a space object within their respective territories or a launch elsewhere procured by their respective nationals or entities subject to their jurisdiction. Under the UK SIA, AU SLRA and NZ OSHAA, a licence is required even if the space object will be launched or brought into outer space using airborne equipment such as an aircraft. In addition, the UK SIA, AU SLRA and NZ OSHAA regulate the operation of a spaceport or launch facility (i.e., a dedicated site where the space object will be launched) inside their respective territories.
The AU SLRA is unique across the legislations included this survey because it also requires a licence for the return of a space object within Australia. This may include situations where a space object is not subject to the Australian licence requirement upon launch but requires an Australian return authorisation as it will return or land within Australia. It may also include returns of space objects launched by an Australian national outside Australia.
The UK SIA, AU SLRA and NZ OSHAA impose safety requirements in relation to the regulated space activities. In particular, the Australian legislation requires a flight safety plan or a return safety plan in the application for the relevant licence. Moreover, the Australian Space Agency has prepared the Flight Safety Code which establishes the risk management framework for launch activities. On the other hand, activities under the NZ OSHAA are covered by the general New Zealand law on health and safety of workers in addition to the general Health and Safety at Work Act. Moreover, regulations issued under the NZ OSHAA may be issued detailing other safety requirements.
The UK regulatory framework, meanwhile, requires safety for both spaceflight operations and relevant personnel. For example, personnel involved in spaceflight or spaceport operations are required to undergo training and medical fitness evaluations to ensure they are fit to work. In addition, UK regulations require the spaceflight operator to constantly review the safety case and risk assessment documentation on events such as discovering a major accident hazard.
Countries are regulating space activities as defined under their respective legislations. For the identified regulatory frameworks above, some requirements, such as licensing requirements, have extraterritorial effect. Therefore, companies engaged in regulated space activities should be aware of any requirements with extraterritorial reach.
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Disclaimer: This article is for general information only and does not constitute legal advice.
