The Space (Launches and Returns) (General) Rules 2019 and the Space (Launches and Returns) (High Power Rocket) Rules 2019 have been amended. This may impact organisations applying for approval to conduct certain Australian space activities.
What has changed
The changes remove most requirements that a suitably qualified expert (SQE), or person with suitable qualifications and experience, must not be a related party of the applicant.
This includes requirements for:
- Confirming a flight safety plan or return safety plan, or undertaking a risk hazard analysis. The SQE can now be a related party of the applicant.
- Assessing the adequacy of a cybersecurity strategy as part of a technology security plan. The person with suitable qualifications and experience can now be a related party of the applicant.
The changes mean that applicants can now use in-house capability. Applicants can also continue using external expertise.
Applications currently in progress can continue using an existing approved SQE or seek approval to use their own in-house capability.
List of changes
| Application requirement | Licence or permit affected | Removed requirement |
|---|---|---|
| Risk hazard analysis and flight safety plan Sections 52(2)(a) and 53(3) General Rules |
Australian launch permit | Requirement that a suitably qualified expert must not be a related party of the applicant for a risk hazard analysis or flight safety plan |
| Risk hazard analysis and return safety plan Sections 98(2)(a) and 99(3) General Rules |
Return authorisation | Requirement that a suitably qualified expert must not be a related party of the applicant for a risk hazard analysis or return safety plan |
| Technology security plan – cybersecurity strategy Sections 22(3), 56(3) and 102(3) General Rules |
Australian launch permit and return authorisation | Requirement that a person with suitable qualifications and experience must not be a related party of the applicant for assessment of the adequacy of a cybersecurity strategy as part of the technology security plan |
| Launch facility licence | Requirement that a person with suitable qualifications and experience must be an independent person for assessment of the adequacy of a cybersecurity strategy as part of the technology security plan. | |
| Flight Safety Plan Section 26(3) High Power Rocket Rules |
Australian high power rocket permit | Requirement that a suitably qualified expert must not be a related party of the applicant for a flight safety plan |
| Technology security plan – cybersecurity strategy Section 29(3) High Power Rocket Rules |
Australian high power rocket permit | Requirement that a person with suitable qualifications and experience must not be a related party of the applicant for assessment of the adequacy of a cybersecurity strategy as part of the technology security plan |
What hasn’t changed
- SQEs still need to be approved by the Minister or delegate to confirm a flight safety or return safety plan or undertake a risk hazard analysis.
- SQEs confirming a risk hazard analysis for an Australian high power rocket permit application don’t need to be approved by the Minister.
- A person with suitable qualifications and experience to confirm the adequacy of the environmental plan for a launch facility licence application must not be a related party. This only applies if the applicant has not provided an environmental plan required under another Commonwealth law or a state or territory law.
Why we made these changes
The amendments remove barriers to participation in the space launch industry, while maintaining the safety of Australian space activities.
We conducted public consultation on this proposal from 1 April to 7 May 2022. The submissions showed widespread support for the amendments. Stakeholders didn’t identify any unintended consequences of the amendments during this period.
The Office of the Space Regulator also independently assesses applications before making recommendations to the Minister or their delegate.
Getting approval to be an SQE
To be approved by the Minister, an SQE will still need to demonstrate that they have the appropriate qualifications, capability and experience. That’s regardless of whether they are a related party or non-related party.
This does not apply to confirming a risk hazard analysis for an Australian high power rocket permit application.
Contact us at regulation@space.gov.au for information about how to seek approval from the Minister.
If you’re unsure about what the changes mean for you, contact us or speak with the Space Operations Assessor for your application.