Commonwealth Consolidated Regulations

SPACE ACTIVITIES REGULATIONS 2001 - REG 2.08

(1) The application:

(a)

must be in writing; and

(b)

must state the reference number of the relevant space licence; and

(c)

must state:

(i)

the proposed transferee's name, registered address and ACN; and

(ii)

the names and addresses of the persons responsible for the management and control of the proposed transferee; and

(iii)

the proposed transferee's ABN (if any); and

(ca)

must include evidence that the proposed transferee is a corporation; and

Note    Under section 22 and paragraph 18 (aa) of the Act, a space licence can be transferred only to a person that is a corporation to which paragraph 51 (xx) of the Constitution applies.

(d)

must state when the proposed transferee proposes to commence operating and, if construction of the relevant launch facility has not yet commenced, constructing the launch facility; and

(e)

if the proposed transferee proposes to conduct a test flight or flights of a relevant launch vehicle at the launch facility, must state the date of the proposed flight or flights; and

(f) must give:

(i)

the name of an individual within the proposed transferee's organisation who is able to deal with all matters in relation to the application; and

(ii)

the telephone number at which the individual may be contacted at all times, the telephone number (if any) to which a facsimile message for the individual may be transmitted and the individual's e-mail address (if any); and

(g)

must be signed by the proposed transferor and proposed transferee; and

(h)

must be accompanied by the documents mentioned in subregulation (4); and

(i)

for a proposed transferee that is not an approved scientific or educational organisation — must be accompanied by the documents mentioned in subregulation (4A); and

(j)

for a proposed transferee that is an approved scientific or educational organisation — must be accompanied by the documents mentioned in subregulation (4B).

(2)

The application, and any documents required to accompany the application under this regulation, must be lodged with the Department.

(3)

If a document is not in English, the document must have with it a translation of it into English and a related certificate of verification by an accredited translator.

(4) For paragraph (1) (h), the documents are:

(a)

documents, in accordance with paragraphs 2.10 (1) (a) to (d), relating to the proposed transferee's organisational structure and financial standing; and

(b)

a document setting out the details mentioned in paragraph 2.10 (1) (e) for each person who would, if the space licence were transferred to the proposed transferee, have duties or functions connected with the operation of the relevant launch facility or relevant launch vehicles using the launch facility; and

(c) if the construction of the launch facility has not commenced or is not completed or the proposed transferee proposes to modify the launch facility:
(i) if a technical recognition instrument exists in relation to the launch facility:

(A)

a copy of the design and engineering plans and specifications for all parts of the facility; or

(B)

if the Minister grants permission under subregulation 2.08A (4) — the documents and statement mentioned in subregulation 2.08A (5); or

(ii)

if a technical recognition instrument does not exist in relation to the facility — a copy of the design and engineering plans and specifications for all parts of the facility; and

(d)

evidence of any necessary approval (however described) that the proposed transferee is required to have by or under a law of the Commonwealth or of a State or Territory for the arrangements and procedures set out in the emergency plan, from the ambulance, fire, police and other emergency services operating in the State or Territory where the launch facility is, or is proposed to be, located; and

(e)

evidence to show that all necessary environmental approvals that the proposed transferee is required to have by or under a law of the Commonwealth or of a State or Territory have been obtained for the construction and operation of the launch facility (including, if a particular environmental approval is not necessary, evidence to that effect); and

(f)

a copy of an outstanding acquittals plan, in accordance with regulation 2.16.

(4A) For paragraph (1) (i), the documents are:

(a)

a copy of the program management plan, in accordance with regulation 2.11, under which the proposed transferee proposes to operate the launch facility and launch vehicles and do any construction associated with the launch facility; and

(b)

if subregulation (7) applies to the proposed transferee, a copy of the flight test plan, in accordance with regulation 2.12, that the proposed transferee proposes to use in relation to any test flight of a launch vehicle, or launch vehicle of a kind, mentioned in that subregulation that is proposed to be conducted at the launch facility; and

(c)

a copy of the technology security plan, in accordance with regulation 2.13, that the proposed transferee proposes to use in operating the launch facility and the relevant launch vehicles; and

(d)

a copy of the emergency plan, in accordance with regulation 2.14, that the proposed transferee proposes to use in relation to an accident, incident, or any other emergency mentioned in that regulation; and

(e)

a copy of the risk hazard analysis methodology, in accordance with regulation 2.16A, that the proposed transferee proposes to use for each launch and any connected return; and

(f) a document containing the information mentioned in regulation 2.16B for each flight path proposed to be covered by the space licence; and
(g) if no other law of the Commonwealth or of a State or Territory requires the proposed transferee to have an environmental plan approved for the construction and operation of the launch facility:

(i)

a copy of an environmental plan containing the arrangements and procedures mentioned in regulation 2.17; and

(ii)

a written assessment, by an independent person having suitable qualifications and experience, of the adequacy of the arrangements and procedures set out in the plan.

(4B) For paragraph (1) (j), the documents are:

(a)

a copy of the declaration under section 8A of the Act in relation to the proposed transferee; and

(b)

a document setting out evidence of the purpose of each activity proposed to be undertaken by the proposed transferee; and

(c)

a copy of the program management plan under which the proposed transferee proposes to operate the launch facility and launch vehicles and do any construction associated with the launch facility; and

(d)

if subregulation (7) applies to the proposed transferee, a copy of the flight test plan that the proposed transferee proposes to use in relation to any test flight of a launch vehicle, or launch vehicle of a kind, mentioned in that subregulation that is proposed to be conducted at the launch facility; and

(e)

a copy of the technology security plan that the proposed transferee proposes to use in operating the launch facility and the relevant launch vehicles; and

(f)

a copy of the emergency plan that the proposed transferee proposes to use in relation to an accident, incident, or any other emergency; and

(g)

a copy of the risk hazard analysis methodology that the proposed transferee proposes to use for each launch and any connected return; and

(h)

a description of each flight path proposed to be covered by the space licence; and

(i)

if no other law of the Commonwealth or of a State or Territory requires the proposed transferee to have an environmental plan approved for the construction and operation of the launch facility — a copy of an environmental plan containing the arrangements and procedures approved by the Minister.

(5)

The flight test plan may be included as part of the proposed transferee's program management plan or may be a separate document.

(6)

However, the application need not be accompanied by the program management plan, the flight test plan (if applicable), the technology security plan, the emergency plan, the outstanding acquittals plan or, if applicable, the environmental plan and accompanying assessment if:

(a)

the plan that the proposed transferee proposes to use, or under which the proposed transferee proposes to operate, is the same as the plan that the proposed transferor uses, or under which the proposed transferor operates, in complying with these Regulations; and

(b)

the proposed transferee includes a written statement to that effect in the application.

(7) This subregulation applies to the proposed transferee if:

(a)

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

(b)

a relevant launch vehicle that the proposed transferee intends to use at the launch facility has had a major modification made to it.

(8) For subregulation (7), 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.