Non-Military Space Testing in the Woomera Prohibited Area: Opportunities for the Australian Space Industry?
| Date | 01 March 2017 |
| Published date | 01 March 2017 |
| DOI | 10.1177/0067205X1704500103 |
| Author | Dale Stephens,Melissa de Zwart |
| Subject Matter | Article |
NON-MILITARY SPACE TESTING IN THE WOOMERA
PROHIBITED AREA: OPPORTUNITIES FOR THE
AUSTRALIAN SPACE INDUSTRY?
Melissa de Zwart* and Dale Stephens**
ABSTRACT
The Australian Civil Space Industry is poised at a crucial moment in its history. Careful
strategic decisions need to be made regarding whether Australia will co ntinue to take a
back seat in the space race or whether it will join the growing space technology industry,
providing major opportunities for Australian innovators. This cannot occur if the
current legal and re gulatory frameworks do not facilitate research activities and
investment. The Australian Government is curr ently reviewing the Space Activities Act
1998 (Cth) and the Space Activities Regulations 2001 (Cth). This article will consider the
unique role played by the Woomera Prohibited Area in the development and testing of
launch technology a nd undertake an assessment of whether the Woomera Range (and
by extension Australia) may once again play an important role in the research,
development and testing of space technology. The article will place the legal restrictions
regarding access to and use of the Woomera Ra nge within the context of the proposed
revision of the Australian legislation regulating civil space activities.
I INTRODUCTION
The Australian Spa ce Industry is poised at a crucial moment in its history. Careful
strategic decisions need to be made regarding whether Australia will co ntinue to take a
back seat in the space race, regionally and globally, despite its obvious technological and
geographical advantages, and its pioneering history in this area. Significant structural
changes have occurred in the space technology industry. Private commercial entities,
such as S paceX, Boeing and Orbital, are now key players in the US space programme.
Recognised for their innovative approaches to technological development, lower costs
and flexibility, private corporations are now being invited to tender for a range of NASA
projects, including supply missions to the International Space Station.
1
This ra dically
* Research Unit for Military Law and Ethics, Adelaide Law School, University of Adelaide.
Thank you to Lindsay Campbell who took the time to show us the wonders of Woomera
firsthand in June 2015. The authors would like to acknowledge the invaluable research
assistance provided by Mr Thomas Wooden.
** Research Unit for Military Law and Ethics, Adelaide Law School, University of Adelaide.
1
Richard Luscombe, ‘NASA grants Boeing and SpaceX contracts for manned space flights’,
The Guardian (online), 17 September 2004
40 Federal Law Review Volume 45
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altered space technology environment, where government is the customer rather than
the provider, creates an opportunity for innovative Australian enterprises to play a part
in space exploration. This cannot occur however, if the legal and regulatory frameworks
do not facilitate research activities and investment.
On 24 October 2015 the Australian Government announced a review of the Space
Activities Act 1998 (Cth) (‘Space Activities Act’) and the Space Activities Regulation s 2001
(Cth) (‘Space Activities Regulations’), noting explicitly that the ‘review’s aim was to ensure
that Australia’s space regulation is appropriate to technology advanceme nts and does
not unnecessarily in hibit innovation in Australia’s space capabilities.’
2
This article will
consider the unique role played by the Woomera Prohibited Area in the dev elopment
and testing of launch technology and undertake an assessment of whether the Woomera
Range (and by extension Australia) may once again play an important role in the
research, development and testing of space technology. The article will place the legal
restrictions regarding the use of the Woomera Range within the context of the proposed
revision of the Australian legislation regulati ng civil space activities and conclude with
some recommendations for that review.
The key issue confronting f urther development of commercial space technology
considered by this article is whether non-military space testing can legally occur within
the Woomera Prohibited Area (WPA). The WPA was the epicentre of decades of
Australian space activity until the early 1970s. The 2016 Defence White Paper recognised
the continuing importance of the WPA for the development of ‘sensitive new
technologies and capabilities.’
3
This article advocates for the resumption of civilian
space-related usage of the WPA. To acquire an understanding of the creation of the WPA
and its use for space purposes in the 20th century, a short history of the WPA is provided
in the first section of this article. Following this historical introduction is an examination
of the competing interests within the WPA and a discussion of the government review
of these competing uses, which resulted in statutory amendments to expand access to
and the uses of the WPA, in particular access to mining and minerals exploration. This
section provides context for a discussion of the current legislation and understanding of
uses within the WPA. The next section of the article reviews the current legislation
governing the WPA and its effects on the potential for testing of non-
military/commercial space technologies. The following section of the article provides an
overview and analysis of the releva nt provis ions of the Space Activities Act and Space
Activities Regulations and current Australian space policy, outlining the national
priorities for an Australian space industry a nd providing the context for a final
consideration of the potential scope for (and limitations upon) a broader role for
<https://www.theguardian.com/science/2014/sep/16/nasa-boeing-spacex-contracts-
manned-flights>.
2
Australian Government, Department of Industry, Innovation and Science, Review of the
Space Activities Act 1998,
<http://www.industry.gov.au/industry/IndustrySectors/space/Pages/Review-of-the-
Space-Activities-Act-1998.aspx#header>; Australian Government, Department of Industry,
Innovation and Science, Review of the Space Activities Act 1998 Issues Paper,
<https://consult.industry.gov.au/space-activities/review-of-the-space-activities-act-
1998/user_uploads/saa_review_issuespaper_final.pdf-9>. See also the Hon. Christopher
Pyne, ‘Atmosphere is right for a review of our space activities’ (Media Release, 24 October
2015) <http://minister.industry.gov.au/node/811>.
3
Australian Government Department of Defence, 2016 Defence White Paper, 2016, 100.
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