Licensing and Procedure Sample Clauses

Licensing and Procedure. The Australian Space Activities Act 1998 provides modes of authorization and supervision through the issuance of licences, permits and certificates. Five licensing regimes were introduced under the Act:166 (1) Space licences; (2) Launch permits; (3) Overseas launch certificates; (4) Authorization of return; and (5) Exemption certificates. These licensing regimes are required for the approval of certain space activities. The first mode of authorization is through space licences.167 A space licence is required specifically for 160 Section 3(a), Space Activities Act 1998. 161 Section 8 (Definition of Australian National), Space Activities Act 1998. 162 Read Section 8 (Definition of launch and launch vehicle), Space Activities Act 1998; see also Xxxxxx, Xxxx, and Xxxxxx Xxxxxxxx, supra note 119, at 51; Xxxxxx, Xxxx X., supra note 158. 163 Xxxxxx, Xxxx, and Xxxxxx Xxxxxxxx, supra note 119, at 52. 164 See supra note 120. 165 Xxxxxx, Xxxx, and Xxxxxx Xxxxxxxx, supra note 119, at 53. 166 See Sections 11 – 46B, Part 3 (Regulation of space activities), Space Activities Act 1998. 167 See Division 2, Space Activities Act 1998. operating a launch facility in Australia, or doing anything directly connected with the operation of such launch facility.168 The granting of a space licence is subject to nine conditions. These include the following:169 the Minister must be satisfied that the person is competent to operate the launch facility and vehicle; the ‘person’ must be a corporation and have sufficient funding to construct and operate such facility; the Minister must be satisfied with the evidence of environmental approval under Australian law and evidence of a low probability that the construction and the operation of the launch facility will cause substantial harm to public health, safety and property. The licence is issued for a specified term of not more than 20 years.170 The second mode of authorization is launch permits.171 A launch permit is required for conducting a launch or launches of space objects from launch facilities located in Australia.172 In other words, the launch facility operator, after obtaining a space licence for the launch facility and launch vehicle, also needs to apply for a launch permit in order to conduct a launch or launches. Such a launch permit may also authorize the return of a space object to a specified area in Australia.173 The launch permit is granted only when the Minister is satisfied with certain conditions. For example, the perso...

Licensing and Procedure. The mode of authorization employed by the United States Government with respect to the United States’ space-related activities is through the issuance of licences or experimental permits.334 When the United States Congress finds that private applications of space technology in the country have achieved a significant level of commercial and economic activity and also offer potential for growth in the future, the United States Government then encourages the private sector to provide launch and re-entry space vehicles, and other associated services. Such efforts are made, among others, by simplifying and expediting the issuance and transfer of licences.335 In the United States, participation in launch-related activities is prohibited without the appropriate licence issued by the United States Government. A licence or experimental permit is required, as a mode of authorization by the Government, in order to carry out space launches or to operate launch sites. In such circumstances, the United States Government, through the Commercial Space Launch Act,336 authorizes the Secretary of Transport, who is sub-delegated to the Federal Aviation Administration (hereinafter the ‘FAA’) under its Office of Commercial Space Transportation,337 to issue or transfer commercial licences and experimental permits. The Office is headed by an Associate Administrator who has the power to exercise the Secretary 332 The Commercial Space Act of 1998, Pub. L. No. 105-303, 112 Stat. 2843 (October 28, 1998). The text is available at xxxx://xxx.xxxx.xxx/offices/ogc/commercial/CommercialSpaceActof1998.html, accessed: 5 February 2013. 333 Preamble of the Commercial Space Act 1998, id. 334 51 USC Chapter 509, Sections 50905 and 50906, supra note 320; 49 USC Chapter 701, Sections 70105 and 70105a, supra note 321; see also 14 e-CFR 413.1-413.23 and 437.1-437.95, Chapter III, Electronic Code of Federal Regulations, supra note 323. 335 51 USC Chapter 509, Sections 50901(a)(2) and 50901(b)(2), supra note 320; 49 USC Chapter 701, Sections 70101(a)(2) and 70101(b)(2), supra note 321. 336 51 USC Chapter 509, supra note 320; 49 USC Chapter 701, supra note 321. 337 See supra note 274. of Transport’s authority to regulate the United States' commercial space transportation industry, including issuance of the relevant licences and experimental permits.338 There are at least four situations for which a licence is required. These situations are as follows: (1) for any person, regardless of their nationalit...