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Non-Military Space Testing in the Woomera Prohibited Area: Opportunities for the Australian Space Industry?

Published online by Cambridge University Press:  01 January 2025

Melissa de Zwart
Affiliation:
Adelaide Law School, University of Adelaide
Dale Stephens
Affiliation:
Adelaide Law School, University of Adelaide

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 continue 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 regulatory frameworks do not facilitate research activities and investment. The Australian Government is currently 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 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 access to and use of the Woomera Range within the context of the proposed revision of the Australian legislation regulating civil space activities.

Type
Article
Copyright
Copyright © 2017 The Australian National University

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Footnotes

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.

References

1 Richard Luscombe, ‘NASA grants Boeing and SpaceX contracts for manned space flights’, The Guardian (online), 17 September 2004 <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.

4 Christine, Garnaut, Robert, Freestone and Iris, Iwanicki, ‘Cold War Heritage and the Planned Community: Woomera Village in Outback Australia’ (2012) 18(6) International Journal of Heritage Studies 541, 547Google Scholar.

5 Ibid.

6 Australian Government, Review of the Woomera Prohibited Area, Final Report, 4 February 2011, 5. See also Senate Standing Committee on Economics, Lost in Space? Setting a New Direction for Australia's Space Science and Industry Sector, November 2008, 25–26.

7 Australian Government, Department of Defence, About the Woomera Prohibited Area, Woomera Prohibited Area Coordination Office, <http://www.defence.gov.au/woomera/about.htm>.

8 Mary, Heath, ‘Cold War Defence Legislation in the Current Australian Context: Dinosaur or Civil Liberties Disaster?’ (1997) 1(2) Flinders Journal of Law Reform 207, 208209Google Scholar.

9 ML James, ‘Into Space from Australia — the Early Days’ (Paper presented at the National Conference on Engineering Heritage: Interpreting Engineering Heritage, Perth, Western Australia, 1990) 53.

10 The UK mission, led by General J.F. Evatts, upon visiting the site in 1946 declared that it had many advantages: ‘Three thousand three hundred hours of sunshine a year, cloudless skies for nine months of the year, close to a rail link, good for airfield building and, of course, its remoteness.’ Woomera High School, A Sense of Urgency: A Social History of Woomera: Its Inception and Growth 1947–1965 and The History of Education in Woomera 1950–1978 (Woomera High School, 1978) 8Google Scholar.

11 For further exploration of the history of Woomera, see Peter, Morton, Fire Across The Desert: Woomera and the Anglo-Australian Joint Project 1946–1980 (AGPS, 1989)Google Scholar; Woomera High School, A Sense of Urgency: A Social History of Woomera: Its Inception and Growth 1947–1965 and The History of Education in Woomera 1950–1978 (Woomera High School, 1978)Google Scholar; Helen, Buchanan and Katrina, Edwards (eds) Woomera the First Fifty Years 1947–1997 (Woomera Board, 1997)Google Scholar; Christine, Garnaut, Paul-Alan, Johnson and Robert, Freestone, ‘The Design of Woomera Village for the Long Range Weapons Project’ (2002) 30 Journal of the Historical Society of South Australia 5Google Scholar.

12 Garnaut, Freestone and Iwanicki, above n 4, 548, citing Alice, Gorman, ‘La Terre et l’Espace: Rockets, Prisons, Protests and Heritage in Australia and French Guiana’ (2007) 3(2) Archaeologies: Journal of the World Archaeological Congress 153168Google Scholar; Iris Iwanicki, ‘More than a Space Race: Post-War US Influences on Public and Private Spaces and Buildings in Woomera Village, South Australia’ (Paper presented at Public Versus Private Planning: Proceedings of the International Planning History Society 13th Biennial Conference, Chicago, 2008) 187–202.

13 Steven, Freeland, ‘Sensing a Change? The Re-Launch of Australia's Space Policy and Some Possible Legal Implications’ (2010) 36(2) Journal of Space Law 381, 383Google Scholar.

14 Senate Standing Committee on Transport, Communications and Infrastructure, Parliament of Australia, Developing Satellite Launching Facilities in Australia and the Role of Government, April 1992, 1, 6, cited in Senate Standing Committee on Economics, Parliament of Australia, Lost in Space? Setting a New Direction for Australia's Space Science and Industry Sector, November 2008, 25.

15 In its submission to the 2008 Senate Committee Review, the South Australian Government described Woomera as ‘an active launch site’.

16 James, above n 9, 54.

17 Morton, above n 11, 409; Buchanan and Edwards, above n 11, 5.

18 Freeland, above n 13, 385. Australia had been a member of the original ad hoc committee created by the General Assembly of the UN in 1958, and hence was one of the founding members of COPUOS.

19 Australia is a party to all five United Nations space treaties: Outer Space Treaty (Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies), opened for signature 27 January 1967, 610 UNTS 205 (entered into force 10 October 1967); Rescue and Return Agreement (Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, opened for signature 22 April 1968, 672 UNTS 119 (entered into force 3 December 1968); Liability Convention (Convention on the International Liability for Damage Caused by Space Objects, opened for signature 29 March 1972, 961 UNTS 187, entered into force 1 September 1972); the ‘Registration Convention’ (Convention on Registration of Objects Launched into Outer Space, opened for signature 14 January 1975 (entered into force 15 September 1976); Moon Agreement (Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, opened for signature 18 December 1979, 1363 UNTS 3 (entered into force 11 July 1984) (collectively the ‘UN Space Treaties’). See also Steven, Freeland, ‘Reshaping Australia's Space Policy and Regulation — Recent Developments’ (2012) 61(1) Zeitschrift für Luft- und Weltraumrecht 99, 101Google Scholar.

20 The European members of ELDO were Belgium, the Federal Republic of Germany, France, Great Britain, Italy and the Netherlands.

21 Morton, above n 11, 451–453.

22 James, above n 9, 54.

23 Ibid. Most satellites operate in either Low Earth Orbit (LEO) or Geo-Synchronous Orbit (GEO). GEO satellites are located in orbital slots allocated by the ITU (International Telecommunications Union), 36,000km above the Equator and thus appear to remain stationary above the Earth. This means that they are located in a relative position to the Earth below them at all times. LEO satellites operate in orbital planes around the North and South Poles: Brett Biddington and Roy Sach, Australia's Place In Space: Toward a National Space Policy, June 2010, Kokoda Paper No 13, 44; Bruce Dorminey, ‘Does Australia Have a Space Future?’, Forbes (online), 12 June 2013 <http://www.forbes.com/sites/brucedorminey/2013/12/06/does-australia-have-a-space-future/#6673f53c6b68>, quoting Brett Biddington.

24 James, above n 9, 55.

25 Freeland, above n 19, 100; see also Buchanan and Edwards, above n 11, 9. The WRESAT utilised an unused US Redstone Rocket.

26 James, above n 9, 54.

27 Morton, above n 11, 477.

28 Although, see Biddington and Sach, who argue that throughout these projects ‘Australia contributed the real estate and little else.’ Biddington and Sach, above n 23, 13.

29 Ibid 13.

30 Garnaut, Freestone and Iwanicki, above n 4, 548, citing Desmond, Ball, A Suitable Piece of Real Estate: American Installations in Australia (Hale and Iremonger, 1980)Google Scholar.

31 Buchanan and Edwards, above n 11, 17.

32 Jo-Anne, Gilbert“We can lick gravity, but … “: What trajectory for space in Australia?’ (2009) 25 Space Policy 174, 174Google Scholar; Freeland, above n 13, 388.

33 Garnaut, Freestone and Iwanicki, above n 4, 548.

34 Ibid 552.

35 Christine, Garnaut, Robert, Freestone and Iris, IwanickiHome on the Range: The Planning and Development of Woomera Village, 1947–2009’ in David, Nichols, Anna, Hurlimann and Clare, Mouat (eds) Green Fields, Brown Fields, New Fields: Proceedings of the 10th Australasian Urban History, Planning History Conference (University of Melbourne Custom Book Centre, 2010) 145, 148Google Scholar.

36 Ibid 154.

37 Freeland, above n 13, 381.

38 Garnaut, Freestone and Iwanicki, above n 4, 556.

39 John Wellfare, ‘Our Vital Wasteland’, Air Force News (Australia), 24 February 2005.

40 Ibid.

41 Australian Government Department of Defence, Defence Capability Plan 2009, 136 <http://www.defence.gov.au/publications/docs/DCP_2009.pdf>; Australian Government Department of Defence, Defence Capability Plan 2012, 162 <http://www.defence.gov.au/publications/capabilityplan2012.pdf>; Lindsay, CampbellRevival of Australian test range’ (2010) Aerospace Testing International Showcase 2010, 1619Google Scholar. Second pass of JP3024 is currently in development, with funding granted for development of second pass project development in 2011. Minister for Defence and Minister for Defence Materiel, Record number of Defence capability approvals in 2011 (13 December 2011) <http://www.minister.defence.gov.au/2011/12/13/minister-for-defence-and-minister-for-defence-materiel-record-number-of-defence-capability-approvals-in-2011-2/>; Garnaut, Freestone and Iwanicki, above n 35, 154.

42 Millie Thomas ‘Scratching the Surface … Woomera Uncovered’, The Monitor (Roxby Downs), 11 December 2013, 8–9.

43 Department of Defence, above n 3, 100. The JP3024 upgrade project is likely to be completed by the end of 2018, and a number of other projects are currently in progress. Notably, the Australian Prime Minister announced a $297 million contract with Raytheon in June 2016 to remediate, upgrade and provide ongoing support for the Woomera Test Range: The Honourable Malcolm Turnbull MP, ‘Woomera Test Range upgrade to drive jobs and growth in South Australia’ (Media Release, 27 June 2016) <https://malcolmturnbull.com.au/media/woomera-test-range-upgrade-to-drive-jobs-and-growth-in-south-australia>.

44 James, above n 9, 54.

45 Garnaut, Johnson and Freestone, above n 11, 10.

46 Woomera High School, above n 11, 15–16. See also Morton, above n 11, 69–77.

47 Morton, above n 11, 75.

48 Ibid 77.

49 Garnaut, Freestone and Iwanicki, above n 4, 547.

50 Morton, above n 11, 56–58.

51 Ibid 63–65.

52 Australian Government, above n 6, i.

53 Ibid.

54 Ibid.

55 Ibid.

56 Ibid 1. The Review was specifically tasked with analysing the following key issues within the scope of the Terms of Reference:

• the WPA's legal status;

• current use of the WPA;

• the WPA's contribution to Australia's current and future Defence capability;

• anticipated future Defence need for the WPA;

• the value and location of mineral deposits in the WPA and the cost of further identifying the mineral potential of the WPA;

• the likely future economic value of the mineral deposits in the WPA;

• the future potential exploitation of minerals in the WPA; and

• property interests in the WPA.

See also Australian Government, Department of Prime Minister and Cabinet and Department of Defence, Review into Security and Economic Interests in the Woomera Prohibited Area Terms of Reference (6 May 2010) <http://www.defence.gov.au/woomera/review/papers/WoomeraReviewTerms.pdf>.

57 Ibid iii; See also Defence Act 1903 (Cth) s 72TB.

58 Ibid 30.

59 Ibid 17.

60 Ibid 24.

61 Ibid 25.

62 Ibid.

63 Australian Government, above n 6, 11–13, 17, 21.

64 Ibid.

65 Ibid 8 [2.15].

66 Ibid 19 (with the noted exception of a South Australian Government-sponsored geological survey).

67 Ibid 28. ‘Recommendation 64: Defence should capture accurately its past activity and plan appropriately for the future in accordance with the coexistence policy framework.’: at 41.

68 Ibid 6.

69 Michelle Grattan, ‘Morrison blocks Chinese acquisition of historic Kidman cattle empire’ 19 November 2015 The Conversation (online), 19 November 2015 <http://theconversation.com/morrison-blocks-chinese-acquisition-of-historic-kidman-cattle-empire-50960>. In May 2016 a Chinese/ Australian joint venture bid was also rejected on national security grounds: Australian Associated Press, 's Kidman and Co has another bidder’, News.com.au (online), 23 October 2016 <http://www.news.com.au/national/breaking-news/s-kidman-and-co-has-another-bidder/news-story/d98d9878b94bdbd0aa3afe3517aef044>. After this bid it appeared likely that a further Chinese/ Australian joint venture between Gina Rinehart's Hancock Prospecting and Chinese investor, Shanghai Cred Real Estate Stock Co Ltd would also be rejected on similar grounds. However, the Treasurer announced on 9 December 2016 that the joint venture bid would be accepted. The sale excluded Anna Creek Station (partially located in the WPA) and its outstation The Peake which were sold to a local South Australian grazier family who already held adjoining property: Scott Morrison, ‘Approval of S. Kidman & Co. Limited Sale To Increase Australian Ownership’ (Media Release, 9 December 2016) <http://sjm.ministers.treasury.gov.au/media-release/130-2016/>; See also Dominique Schwartz, Anna Vidot and Clint Jasper 's Kidman and Co: Scott Morrison approves sale of cattle empire to Gina Rinehart, Chinese company’, ABC News (online), 9 December 2016 <http://www.abc.net.au/news/2016-12-09/s-kidman-and-co-sale-to-rinehart-approved/8106694>.

70 Reuters, ‘Australia Eases Access to World's Biggest Weapon Range’, The Sydney Morning Herald (online), 30 May 2013 <http://www.smh.com.au/business/australia-eases-access-to-worlds-biggest-weapon-range-20130530-2ne3a.html>; Stuart MacGregor and Mark Boydell, Proposed Legislation to Unlock $35bn Mineral Resources in South Australia's Woomera Prohibited Area (23 May 2013) Clayton Utz <http://www.claytonutz.com/publications/edition/23_may_2013/20130523/proposed_legislation_to_unlock_35bn_mineral_resources_in_south_australias_woomera_prohibited_area.page>; Nikolai Bellharz, Woomera opened up for mining exploration (17 July 2014) Australian Broadcasting Corporation <http://www.abc.net.au/news/2014-07-17/woomera-mining/5605062>.

71 Australian Government, above n 6, 8 [2.15].

72 Supply and Development (Long Range Weapons) Regulations 1948 (Cth) s 5.

73 DR reg 58(1).

74 Ibid reg 58(3)(c)(i)–(ii).

75 Ibid reg 6 (definition of ‘defence materiel’).

76 Defence Act, s 4: ‘The Secretary means the Secretary of the Department’.

77 DFR reg 32. Regulation 32 explicitly provided that ‘“Woomera Area” means the place situated in the State of South Australia known as the Woomera Prohibited Area that is a prohibited area for the purposes of regulation 35.’ This definition is used with respect to regulation 38 which authorises the establishment of a canteen (authorised to supply intoxicating liquor) within the Woomera Area and regulation 38A, with respect to duties connected to transport, handling, storage or use of weapons, explosives, vehicles or war material within the Woomera Area.

78 DR reg 87.

79 Defence Act s 72TA.

80 Ibid s 72T.

81 Ibid s 72TE(1).

82 See also Defence Act s 72TH which empowers the Minister to suspend permission to be within the WPA ‘if the Minister considers it necessary for the purposes of the defence of Australia’ and s 72TJ, which empowers the Minister to direct persons within the WPA ‘for the purposes of the defence of Australia’ or to protect human life.

83 Defence Act s 72TP(1).

84 See DFR, reg 32, and DR, reg 87.

85 The only substantive change affecting pastoralists was the inclusion of a provision allowing for access to compensation for damage and disruption caused by Defence activity: see Defence Act s 72TL; WPAR r 61.

86 WPAR r 13: Application for permit:

(1) A person (the applicant) may apply to the Minister for a permit that provides permission for a person or class of persons to be at places in the Woomera Prohibited Area for one of the following purposes:

(a) resource production purposes;

(b) resource exploration purposes;

(c) opal mining and precious stone prospecting purposes;

(d) research purposes;

(e) tourism purposes;

(f) environmental purposes;

(g) other purposes.

87 WPAR r 8(1).

88 See also Defence Act s 72TJ: Minister may give directions

(1) The Minister may direct a person to do, or not to do, one or more specified acts or things in relation to the Woomera Prohibited Area if the Minister considers it necessary:

(a) for the purposes of the defence of Australia; or

(b) to protect human life.

89 WPAR r 7.

90 Ibid r 6.

91 The same map is also reproduced on the Department of Defence website: Woomera Prohibited Area Coordination Office, Woomera Protected Area Access Zones, which references PIRSA Plan No 204192-001 and the South Australian Resources Information Geoserver, <http://www.defence.gov.au/woomera/zones.htm>.

92 Ibid r 7.

93 Australian Government, above n 6, 15.

94 Defence Act s 72TE.

95 Ibid s 72TF.

96 WPAR r 13(2).

97 Defence Act, later amended by Defence Legislation Amendment (Woomera Prohibited Area) Act 2014 (Cth).

98 Australian Government, Department of Defence, Hayabusa Makes History at Woomera (15 June 2010) <http://www.defence.gov.au/defencenews/stories/2010/Jun/0615.htm>; Cooper Pedy Regional Times, Hayabusa Capsule—Parachutes into Woomera Protected Area Far North SA (6 June 2010) <https://cooberpedyregionaltimes.wordpress.com/2010/06/06/hayabusa-capsule-parachutes-from-outer-space-to-coober-pedy-in-far-north-sa/>.

99 Ibid.

100 Ibid.

101 Space Activities Act s 43: Returns may be authorised by permission or by agreement

(1) The Minister may give a person written permission authorising:

(a) the return of the space object concerned to a specified place or area in Australia; or

(b) a particular series of such returns that, in the Minister's opinion, having regard to the nature of the space objects to be returned, may appropriately be authorised by a single permission.

Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may vary or revoke an authorisation granted under this section.

(2) Alternatively, the Minister may, on behalf of the Commonwealth, enter into an agreement with a person under which such a return or such a series of returns is authorised.

(3) The return or returns may be authorised under this section only if all of the following criteria are satisfied:

(a) the Minister is satisfied that the person who is to carry out the return or returns is competent to do so; 102

(b) the Minister is satisfied that the insurance/financial requirements in Division 7 will be satisfied for the return or returns;

(c) the Minister is satisfied that the probability of the return or returns causing substantial harm to public health or public safety or causing substantial damage to property is as low as is reasonably practicable;

(d) the space object or objects concerned are not and do not contain a nuclear weapon or a weapon of mass destruction of any other kind;

(e) the Minister does not consider that, for reasons relevant to Australia's national security, foreign policy or international obligations, the authorisation should not be given;

(f) any other criteria prescribed by the regulations.

(4) The Minister may, in deciding whether to give an authorisation under this section, have regard to:

(a) whether there is an agreement or arrangement between Australia and any country that is a launching State for any space object concerned under which that country assumes any liability, and indemnifies Australia, for any damage that the space object may cause; and

(b) the terms of that agreement or arrangement.

Note: This subsection does not, by implication, limit the matters to which the Minister may have regard.

(5) An authorisation under this section may be given subject to any conditions that the Minister determines. See also Freeland, above n 19, 103.

102 Cooper Pedy Regional Times, above n 98.

103 The objects of the Space Activities Act are:

(a) to establish a system for the regulation of space activities carried on either from Australia or by Australian nationals outside Australia; and

(b) to provide for the payment of adequate compensation for damage caused to persons or property as a result of space activities regulated by this Act; and

(c) to implement certain of Australia's obligations under the UN Space Treaties; and

(d) to implement certain of Australia's obligations under specified space cooperation agreements. See Space Activities Act s 3. See also Commonwealth, Parliamentary Debates, House of Representatives, 3 December 1998, 1395–1396 (Warren Entsch).

104 Kistler Breaks Ground at Woomera (24 July 1998) Space Daily <http://www.spacedaily.com/news/kistler-98h.html>. This work was the subject of the Agreement between Commonwealth of Australia and Kistler Woomera Pty Ltd and Spaceport Woomera Pty Ltd in relation to the launching by the K-1 Aerospace Vehicle of Satellites into space. Kistler had a Commercial Orbital Transportation Service Agreement with NASA, the purpose of which was to provide services to the International Space Station. The final scheduled milestone of this Agreement was a demonstration launch from Woomera. This milestone was not fulfilled and the Agreement was terminated. See Mark Patterson, Submission No 7 to Senate Standing Committee on Economics, Parliament of Australia, Inquiry into the Current State of Australia's Space Science and Industry Sector, 11 April 2008, 7.

105 Commonwealth, Parliamentary Debates, House of Representatives, 3 December 1998, 1395 (Warren Entsch). See also Space Activities Act s 109.

106 Space Activities Act s 11, s 13, Div 3, Div 6.

107 Space Activities Act s 12, s 14, Div 4, Div 5.

108 Space Activities Act s 15, Div 2.

109 Space Activities Act Div 7.

110 Space Activities Act s 48. See also Space Activities Regulations regs 7.01-7.03; Australian Government, Department of Industry, Innovation and Science, Space Coordination Office, Maximum Probable Loss Methodology, <https://ablis.business.gov.au/AG/pages/1872a648-a5ea-4684-8740-ba4474a4acb0.aspx>.

111 Australian Government, Review of the Space Activities Act 1998 Issues Paper, above n 2.

112 Space Industry Association of Australia, Submission to Australian Government, Department of Industry, Innovation and Science, Review of the Space Activities Act 1998, 30 April 2016, 10.

113 Space Activities Act s 35(2)(a) (i), (ii).

114 Space Activities Act s 35(2)(b).

115 Space Activities Act s 35(2)(c).

116 Space Activities Act s 35 (2)(d), Reg 4.01; Space Activities Regulations .

117 Space Industry Association of Australia, above n 112, 12.

118 Ibid 13–14.

119 Pyne, above n 2.

120 Australian Government, Review of the Space Activities Act 1998 Issues Paper, above n 2.

121 Ibid.

122 Space Industry Association of Australia, above n 112, 14 (footnote omitted).

123 Australian Government, Department of Industry, Innovation and Science, Australia's Satellite Utilisation Polic y (2013). <https://industry.gov.au/industry/IndustrySectors/space/Documents/Australias-satellite-utilisation-policy.pdf>. For a detailed discussion of this Policy, see Steven Freeland, ‘The Final Piece of the Puzzle? The Launch of Australia's Satellite Utilisation Policy 2013’ (2013) 62 Zeitschrift für Luft-und-Weltraumrecht 429.

124 Satellite Utilisation Policy, above n 123, 1.

125 Freeland observes that the omission of the word ‘space’ from the official title of the policy ‘reflects the difficult relationship that has prevailed in the past between successive Australian Governments and its use of space satellite technology’ particularly in the context of public discussions. See Freeland, above n 123, 431. See also Brett Biddington, Australia will soon have a national space policy-no giggling, please (15 October 2012) The Conversation <http://theconversation.com/australia-will-soon-have-a-national-space-policy-no-giggling-please-9917>.

126 Australian Government, Satellite Utilisation Policy, above n 123, 2.

127 Australian Government, Satellite Utilisation Policy, above n 123, 1.

128 Australian Government, Satellite Utilisation Policy, above n 123, 6.

129 Australian Government, Satellite Utilisation Policy, above n 123, 7–19.

130 Australian Government, Satellite Utilisation Policy, above n 123, 20–21.

131 For a full consideration of these arguments, see Gilbert, above n 32; Freeland, above n 13; Freeland, above n 19.

132 New Zealand Government, Ministry of Business Innovation and Employment, NZ Space Agency <http://www.mbie.govt.nz/info-services/sectors-industries/space>.

133 WPAR r 7.

134 Freeland, above n 19, 103.

135 See, eg, Senate Standing Committee on Economics, Parliament of Australia, Lost in Space? Setting a new direction for Australia's Space Science and Industry sector (2008), cited and discussed by Freeland, above n 19.

136 It has been estimated that 6–7 per cent of the GDP of western countries is dependent upon GPS. The Royal Academy of Engineering, Global Navigational Space Systems: Reliance and Vulnerabilities (March 2011), 3 <http://www.raeng.org.uk/publications/reports/global-navigation-space-systems>.

137 Freeland, above n 19, 106.