Commonwealth Numbered Regulations

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SPACE ACTIVITIES REGULATIONS 2001 2001 No. 186 - REG 3.02

Standard launch permit conditions

(1) For paragraph 28 (1) (b) of the Act, the following conditions are specified:
(a) the holder of a launch permit must meet all the costs and expenses of any investigation under Part 7 of the Act into the circumstances surrounding any accident or incident involving a space object launched or attempted to be launched, under the launch permit, that occurs during:

(i)
the liability period for the launch of the space object from the launch facility; or
(ii)
the liability period for the return of the space object to a place in Australia;

(b) if the holder is given a direction under paragraph 52 (2) (c) of the Act, the holder:

(i)
must record the action taken by the holder in response to the direction; and
(ii)
must, within 5 working days after the direction is given to the holder, give to the Minister a copy of the record and the direction; and
(iii)
must retain the direction and record for 7 years after the day when the direction was given;

(c) if the holder is given a copy of a record and a copy of the direction to which the record relates under paragraph 8.03 (2) (b), the holder:

(i)
must, within 5 working days after the copy of the record and the direction are given to the holder, give to the Minister a copy of the record and the direction; and
(ii)
must retain a copy of the record and direction for 7 years after the day when the direction was given;

(d) the holder must give to the Minister the following information and confirmations before the launch of a space object under the launch permit:

(i)
confirmation of the date and time of the launch and any connected return;
(ii)
any changes to any other information already given to the Minister about the launch and any connected return, including, in accordance with the flight safety plan referred to in regulation 3.10, any changes to the assumptions and data used in the hazard analysis referred to in paragraph 3.04 (4) (c) or 3.06 (4) (c);
(iii)
if the information includes any changes to the assumptions and data, written confirmation that the hazard analysis continues to meet the launch safety standards set out in the Flight Safety Code;
(iv)
confirmation of the trajectory of the space object;

(e) the holder must, if the holder has not already done so under the Act or these Regulations, give to the Minister the following information and report as soon as possible after the launch of a space object:

(i)
the information referred to in subparagraph 1 (d) of Article IV of the Registration Convention about the launch;
(ii)
any information required by the Flight Safety Code to be given to the Minister;
(iii)
a report on the compliance of the launch with the launch safety standards and the assumptions and data used in the hazard analysis;

(f) the holder must ensure that the launch or launches and any connected return are conducted in accordance with:

(i)
a program management plan that is in accordance with regulation 3.08 and approved by the Minister; and
(ii)
a technology security plan that is in accordance with regulation 3.09 and approved by the Minister; and
(iii)
a flight safety plan that is in accordance with regulation 3.10 and approved by the Minister;

(g) the holder must also ensure that each launch and any connected return under the launch permit is conducted in accordance with:

(i)
if another Australian law requires the holder to have an environmental plan approved for the launch and any connected return — that plan; and
(ii)
in any other case — an environmental plan, containing the arrangements and procedures mentioned in regulation 3.12, that is approved by the Minister;
(h)
the holder must take all reasonably practical steps to amend, as necessary, the plans referred to in subparagraphs (f) (i), (ii) and
(iii)
and whichever is applicable of the plans referred to in paragraph (g) so that each plan is kept up-to-date;

(i)
the holder must comply with any directions given from time to time to the holder under subregulation (2);

(j)
the holder must ensure that copies of all amendments of the program management plan, the technology security plan and the flight safety plan and, if applicable, the environmental plan referred to in subparagraph (g) (ii), are given to the Minister.

(2)
For the purposes of performing functions or exercising powers under the Act, the Minister may give to the holder a written direction in relation to the revision of any or all of the following plans:

(a)
the program management plan;

(b)
the technology security plan;

(c)
the flight safety plan;

(d)
if subparagraph (2) (g) (ii) applies to the holder, the environmental plan referred to in that subparagraph.



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