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45 Fed. L. Rev. 39 (2017)
Non-Military Space Testing in the Woomera Prohibited Area: Opportunities for the Australian Space Industry?

handle is hein.journals/fedlr45 and id is 45 raw text is: 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 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. I INTRODUCTION The Australian 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, 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 SpaceX, 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 radically 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. Richard Luscombe, 'NASA grants Boeing and SpaceX contracts for manned space flights', The Guardian (online), 17 September 2004