Commonwealth Numbered Regulations

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SPACE ACTIVITIES REGULATIONS 2001 2001 No. 186 - REG 2.08

Form of application

(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 and address; or
(ii)
if the proposed transferee is incorporated by or under a law of the Commonwealth or of a State or Territory, the transferee's name, registered address and ACN and the names and addresses of the people responsible for its management and control; and
(d)
must state when the 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 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 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 transferee; and

(h)
must be accompanied by the documents referred to in subregulation (4).

(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 following are the documents:

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

(b)
documents, in accordance with paragraph 2.10 (1) (e), relating to particular persons who would, if the space licence were transferred to the transferee, have duties or functions connected with the operation of the relevant launch facility or relevant launch vehicles using the launch facility;

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

(d)
if the construction of the launch facility has not commenced or is not completed or the transferee proposes to modify the launch facility, a copy of the design and engineering plans and specifications for the construction or modification;

(e)
if subregulation (7) applies to the transferee, a copy of the flight test plan, in accordance with regulation 2.12, that the 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 conducted at the launch facility;

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

(g)
a copy of the emergency plan, in accordance with regulation 2.14, that the transferee proposes to use in relation to an accident, incident, or any other emergency referred to in that regulation;

(h)
evidence of any necessary approval (however described) that the transferee is required to have by or under any Australian law 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;

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

(j) if no other Australian law requires the 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;
(k)
a copy of an outstanding acquittals plan, in accordance with regulation 2.16.

(5)
The flight test plan may be included as part of the 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 transferee proposes to use, or under which the transferee proposes to operate, is the same as the plan that the transferor uses, or under which the transferor operates, in complying with these Regulations; and

(b)
the transferee includes a written statement to that effect in the application.

(7) This subregulation applies to the 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 applicant 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.



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