Commonwealth Consolidated Regulations

SPACE ACTIVITIES REGULATIONS 2001 - REG 2.04D

(1) For paragraph 2.04A (c), the additional conditions are:

(a)

the licence holder must ensure that an activity undertaken under the space licence is in accordance with the information about the activity given by the licence holder under regulation 1.04; and

(b) the licence holder must ensure that the launch facility and launch vehicles of the kind covered by the licence are operated, and any construction associated with the launch facility is done, in accordance with a program management plan that is approved by the Minister; and

(c)

if subregulation (2) applies to the licence holder, the licence holder must ensure that any test flight of a launch vehicle, or a launch vehicle of a kind, mentioned in that subregulation that is conducted at the launch facility is conducted, and the results of the test flight are recorded and reported, in accordance with a flight test plan that is approved by the Minister; and

(d)

the licence holder must ensure that the launch facility and launch vehicles are operated in accordance with a technology security plan that is approved by the Minister; and

(e)

the licence holder must comply with an emergency plan that is approved by the Minister; and

(f)

the licence holder must ensure that the hazard analysis to be carried out for a launch, and any connected return, is conducted in accordance with a risk hazard analysis methodology that is approved by the Minister; and

(g)

the licence holder must ensure that each flight path is consistent with a description of the flight path that is approved by the Minister; and

(h) the licence holder must ensure that the launch facility is constructed and operated in accordance with:

(i)

if another law of the Commonwealth or of a State or Territory requires the holder to have an environmental plan approved for the construction or operation of the launch facility — that plan; and

(ii)

in any other case — an environmental plan containing the arrangements and procedures that are approved by the Minister; and

(i) the licence holder must take all reasonably practicable steps to amend, as necessary:

(i)

the plans mentioned in paragraphs (b), (d) and (e); and

(ii)

the plan mentioned in paragraph (c) (if applicable); and

(iii)

whichever is applicable of the plans mentioned in paragraph (h);

so that each plan is kept up-to-date; and

(j)

the licence holder must comply with a direction given to the holder under subregulation (4); and

(k)

the licence holder must ensure that a copy of each amendment of the program management plan, the technology security plan and, if applicable, the flight test plan and the environmental plan mentioned in subparagraph (h) (ii), is given to the Minister.

(2) This subregulation applies to a licence holder if:

(a)

the kind of launch vehicle covered by the licence is a new kind, and no launch vehicles of that kind have been flight tested; or

(b)

a launch vehicle of the kind covered by the licence that the holder intends to use at the launch facility has had a major modification made to it.

(3) For subregulation (2), a launch vehicle or a kind of launch vehicle has had a major modification made to it if:

(a)

a change has been made to the design of the kind of launch vehicle that involves any change to the type of engine, navigation system, flight control system or flight termination system specified in the design, or involves the use of strap-on boosters; or

(b)

it is modified in any other way that might affect, to a significant extent, any characteristic affecting its operation or performance.

(4) For the purposes of performing functions or exercising powers under the Act, the Minister may give to the licence holder a written direction in relation to the revision of:

(a)

the program management plan mentioned in paragraph (1) (b); or

(b)

if subregulation (2) applies to the licence holder — the flight test plan mentioned in paragraph (1) (c); or

(c)

the technology security plan mentioned in paragraph (1) (d); or

(d)

the risk hazard analysis methodology mentioned in paragraph (1) (f); or

(e)

if subparagraph (1) (h) (ii) applies to the licence holder — the environmental plan mentioned in that subparagraph.