Launching satellites in the outback

Launching a satellite from Australian soil is not only rocket science, it is also an exercise in regulatory navigation. The Space (Launches and Returns) Act 2018 (Cth) (SLR Act) establishes a framework governing launch and return activities carried out in Australia or by Australian nationals abroad. Whether constructing a launch facility, deploying a satellite, operating a high-power rocket, or authorising a return, each stage must align with statutory requirements. The regime broadly centres on six requirements for launch, comprising a variety of licences, permits and authorisations, forming a system to ensure technical competence, safety, environmental consideration, and compliance with Australia’s international obligations. This article provides an overview of the framework and regulatory considerations that must be addressed to launch a satellite in Australia.

Regulation

The regulation of launch activities is governed by the SLR Act, establishing a framework requiring:

1. a Launch Facility Licence to operate a launch site in Australia;
2. an Australian Launch Permit to launch a space object from Australia or an aircraft;
3. a High Power Rocket Permit;
4. an Overseas Payload Permit for launches by Australian nationals from foreign jurisdictions;
5. a Return Authorisation for returning space objects to or from Australia; and
6. an Authorisation Certificate for conduct that would otherwise be prohibited in the absence of one of the above licences or permits.

The SLR Act also provide powers for the Minister to establish rules by legislative instrument to support operations and streamline the approval of the relevant activity. The rules currently in place as at the time of writing are:

• the Space (Launches and Returns) (General) Rules 2019;
• the Space (Launches and Returns) (High Power Rocket) Rules 2019; and
• the Space (Launches and Returns) (Insurance) Rules 2019.

A key feature of the regime is its risk allocation model aligned with Australia’s international treaty obligations under the Liability Convention (1972). As a launching state, Australia bears liability for damage caused by space objects launched from its territory or by its nationals. To address this, applicants must hold insurance that covers both the responsible party and the Commonwealth, up to the lesser of $100 million or the amount calculated using the Maximum Probable Loss methodology. Additional obligations, such as range safety, trajectory modelling, and environmental assessments, are set out in the Flight Safety Code, incorporated by reference into the above rules.

The Australian Space Agency, a non-statutory agency within the Department of Industry, Science and Resources, administers the regime and leads Australia’s space policy. Under its Civil Space Strategy 2019–2028, the Australian Space Agency aims to grow the domestic space industry to AUD 12 billion in annual revenue and 30,000 jobs by 2030. The Australian Space Agency’s primary responsibilities as it relates to launches and returns include coordinating Australia’s domestic civil space sector activities, administering space activities legislation, and providing policy and strategic advice on the civil space sector, including for prospective launch applicants.

Launching in Australia

1. Launch Facility Licence

Under the SLR Act, a Launch Facility Licence is required to construct or operate a facility in Australia for launching space objects. This licensing regime applies to both fixed and mobile infrastructure and presumes private sector operation. Importantly, this licence is only necessary if the applicant seeks to build or operate the launch site itself. If the applicant only intends to launch a space object, it can instead apply for a Launch Permit (discussed below) and make arrangements to use an existing Australian launch facility that already holds a valid Launch Facility Licence.

To obtain a Launch Facility Licence, the applicant must satisfy the Minister that it:

1. 1. is competent to operate the facility;
   2. has obtained, or will obtain, all necessary environmental approvals;
   3. maintains an adequate environmental management plan for both construction and operation;
   4. possesses sufficient funding for the construction and operation of the facility;
   5. has, to the maximum extent reasonably practicable, minimised the risk of substantial harm to public health, safety, or property;
   6. does not pose a risk to Australia’s national security, defence, or international relations; and
   7. has designed the facility to be as effective and safe as reasonably practicable having regard to its intended use.

These requirements, drawn from s18 of the SLR Act and elaborated in s5 of the General Rules, form the basis of the Launch Facility Licence.

This application process for the Launch Facility Licence generally consists of three stages:

• Stage one requires submission of: the applicant’s identity and control structure; site details; anticipated launch vehicles and frequency; a facility management plan; and evidence of financial capacity.
• Stage two involves the provision of more detailed technical and organisational documentation, including: an environmental plan; design and engineering documentation; an emergency response plan; a technology security plan; and organisational structure details, including qualifications and responsibilities of suitably qualified experts.
• Stage three applies only where outstanding matters remain. The applicant must provide evidence of any other required approvals, such as development or environmental approvals, and clarify or verify any unresolved issues from earlier stages. All submitted documentation must be current, and any material amendments must be notified to the Minister.

If successful, the Minister may issue a licence for up to 20 years, subject to conditions including compliance with the SLR Act and General Rules, record-keeping, and notification of changes to ownership, structure, or key personnel. While the SLR Act refers to notifying the Minister, in practice, such notifications are generally made via the Australian Space Agency, which administers the regime on the Minister’s behalf. Operating without a valid licence, or breaching its terms, is an offence and may incur significant penalties. Refusals may be subject to merits review by the Australian Administrative Tribunal under s61 of the SLR Act.

2. Australian Launch Permit

Under s28 of the SLR Act, a Launch Permit is required to launch one or more space objects from:

• an Australian launch facility;
• an Australian aircraft; or
• a foreign aircraft within Australian airspace.

A Launch Permit may authorise either a single launch or a series of launches, consistent with the SLR Act’s aim to support commercial activity while avoiding unnecessary duplication for repeat operations.
To obtain a Launch Permit, the applicant must satisfy the Minister that the proposed launch meets the criteria in s28(3) of the SLR Act. These requirements closely mirror those applicable to a Launch Facility Licence and include:

• the applicant’s technical competence to undertake the launch;
• financial capacity to carry out the launch and manage associated risks;
• implementation of reasonably practicable measures to protect public health and safety, property, and the environment; and
• consideration of national security and Australia’s international obligations, which may prevent a permit being granted.

Further obligations are imposed under the General Rules, which require applicants to provide detailed technical and operational information, including:

• specifications of the launch vehicle, including its testing and flight history;
• the proposed flight path, and identification of any ‘critical assets’ near the trajectory;
• a certified risk-hazard analysis and flight safety plan, assessed under the Flight Safety Code;
• information on manufacturing standards, inspections, and quality assurance frameworks;
• detailed specifications of any payload, including its purpose, ownership, and commitment to notify the Australian Space Agency upon establishment or loss of communication;
• a programme management plan covering ground operations, staff responsibilities, emergency procedures, and internal communication systems; and
• supporting documentation including a technology security plan (for more information see our article on Developing a technology security plan for space launches and related activities), insurance plan, environmental plan, and debris mitigation strategy.

For applicants residing from foreign jurisdictions, consideration should also be given to the relevant domestic laws governing overseas launches, that may factor into the grant of the Launch Permit in Australia.

The General Rules do not define ‘critical assets’, but they are likely to include infrastructure such as telecommunications networks, data centres, and energy systems which are captured by the Security of Critical Infrastructure Act 2018 (Cth) (SoCI Act) that may be located near or affected by a proposed launch trajectory. The presence of nearby or involved critical infrastructure assets may also influence whether a permit is granted, particularly in cases where the proposed launch raises issues of national security or international relations.

Critical Assets

The SoCI Act also designates the space technology sector itself as a critical infrastructure sector. While the SoCI Act identifies several space-related services, such as position, navigation and timing (PNT) services, space situational awareness, and launch facilitation, which form part of the sector, it does not yet designate any assets in that sector as ‘critical space technology assets’, meaning that many of the key obligations of the SoCI Act do not currently apply.

Nonetheless, infrastructure such as satellites providing telecommunications carriage services may fall within the scope of critical telecommunications assets under the SoCI Act and the Telecommunications Act 1997 (Cth), and attract additional obligations.

Where launch activities involve or may affect assets regulated under the SoCI Act, additional obligations may arise, including risk assessment, asset registration with the Department of Home Affairs, and compliance with cybersecurity and national security requirements.

For further information on the classification of space systems and obligations under the SoCI Act, see our related article: Space Systems as Critical Infrastructure Assets. 

3. High Power Rocket Permit

A High Power Rocket Permit is required under s38 of the SLR Act for launches in Australia involving high power rockets. The permit regime applies to suborbital vehicles with substantial thrust or active trajectory control systems, which, while not meeting the 100 km altitude threshold for classification as space objects, nevertheless present significant safety and regulatory risks.

Under s5 of the High Power Rocket Rules, a high power rocket is defined as one that is either:

1. propelled by motors with a combined total impulse greater than 889,600 Newton seconds; or
2. propelled by motors exceeding 40,960 Newton seconds and fitted with one or more systems that allow active trajectory control.

This definition is based solely on propulsion and control capabilities, not flight altitude or location.

Although the SLR Act vests authority in the Minister to issue high power rocket permits, such launches are also subject to regulation by the Civil Aviation Safety Authority (CASA), which requires separate approval under Subpart 101.H of the Civil Aviation Safety Regulations 1998. Accordingly, applicants must provide both the Australian Space Agency and CASA with operational data, including flight path, launch window, maximum altitude, range, and anticipated in-flight events.

To obtain a permit, the applicant must satisfy the Minister that the proposed activity complies with the High Power Rocket Rules and general criteria applicable to launch authorisations under the SLR Act. These include technical and organisational competence, adequate financial standing, compliance with national security and arms control obligations, and implementation of risk mitigation measures.

Under the High Power Rocket Rules, applicants must also submit:

1. 1. the planned launch date, window, and trajectory;
   2. technical specifications of any payloads, including purpose and functionality;
   3. an organisational chart detailing roles and responsibilities;
   4. rocket manufacturing and quality assurance details; and
   5. a declaration that the vehicle will not enter foreign airspace without consent.

Permit applications must also submit a suite of plans including:

1. 1. launch management plan;
   2. a certified flight safety plan in accordance with the Flight Safety Code;
   3. an emergency plan for handling in-flight anomalies;
   4. an environmental plan addressing monitoring and mitigation; and
   5. a technology security plan detailing data access controls and export compliance.

Once issued, a permit is subject to ongoing compliance obligations. Permit holders must notify the Minister (typically via the Australian Space Agency) of any material changes to launch timing, trajectory, or core documentation. Breaches of key conditions, particularly those concerning safety, insurance, and reporting, may constitute offences under the SLR Act.

For instance, launching a high power rocket without a valid permit is an offence under s13 of the SLR Act. The maximum penalties for such a breach are significant: up to 10 years’ imprisonment or 5,500 penalty units (approx. AUD $1.8 million) for individuals, and up to 100,000 penalty units (approx. AUD $33 million) for corporations. These amounts are calculated using the standard Commonwealth penalty unit, which is indexed and subject to change over time. Accordingly, actual penalty amounts may vary depending on the applicable penalty unit value at the time of the contravention.

4. Overseas payload permit

An overseas payload permit is required under s46B of the SLR Act where an Australian national is a responsible party for the launch of one or more space objects from a facility or location outside Australia.

S8 of the SLR Act defines a responsible party in relation to the launch or return of a space object to include, where applicable:

1. the holder of an Australian launch permit, overseas payload permit, return authorisation, or authorisation certificate; or
2. if no such permit or authorisation applies, each person who:

1. 1. carried out the launch or return;
   2. owned all or part of a payload forming part of the space object at any time during the liability period; or
   3. is otherwise specified in the General Rules.

However, where the launch or return occurs outside Australia, a person will only be a responsible party under this residual category if they are also an Australian national. Where these conditions are met, a permit is mandatory, irrespective of whether the launch occurs from a fixed facility, mobile platform, or aircraft in international transit.

The Minister may grant a permit only if satisfied the criteria under s46B(2) and the General Rules are met. Echoing the requirements of the licences and permits discussed above, the applicant must demonstrate:

• personal and corporate identity, including all entities exercising ownership, control, or direction over the applicant;
• a suitable organisational structure with qualified personnel for building and operating the payload(s) to be launched;
• technical and descriptive information about the payload, its purpose, and the launch itself;
• contractual documentation, including agreements to use or lease the foreign launch facility; and
• the relevant foreign safety measures that are required and a debris mitigation strategy submission.

In certain cases, an overseas payload permit is required in addition to an Australian Launch Permit, for example, where a space object is launched from an Australian-registered aircraft in overseas airspace. In such instances, the overseas permit governs the foreign launch, while the Australian Launch Permit regulates the permit holder’s compliance.

Although it is unclear whether this dual authorisation was intended by the legislature, applicants should have regard to potential overlapping requirements where transnational operations arise.

5. Return authorisations

A return authorisation is required under s46L of the SLR Act where a person intends to return a space object to a specified location within or outside Australia. Authorisations may cover individual or multiple returns, provided the Minister is satisfied s46L(2) is met.

Per the General Rules, a space object’s return must be assessed against a risk hazard analysis consistent with the Flight Safety Code, identifying, quantifying, and mitigating risks associated with descent and landing. S98 of the General Rules requires that the analysis be prepared by an independent, experienced assessor approved by the Minister. It must address likely failure modes and associated impact zones.

In addition to the hazard analysis, the applicant must submit: (1) a return management plan; (2) a return safety plan; (3) an emergency plan; (4) an environmental plan; and (5) a technology security plan.

6. Authorisation certificate

An authorisation certificate may be issued by the Minister to approve the conduct of launch-related activities that would otherwise be prohibited under the SLR Act. Ss11-15A of the Act outline activities that constitute offences or civil penalties if conducted without a valid licence, permit, or authorisation. These include unauthorised space launches, returns, and operation of launch facilities by Australian nationals or within the Australian jurisdiction. In practice, authorisation certificates provide flexibility for activities that do not satisfy the full criteria for a licence or permit, for example, enabling a return of a space object without a standard return authorisation.

In assessing an application, the Minister via the Australia Space Agency must consider:

1. the applicant’s technical competence to undertake the proposed conduct;
2. the likelihood that the conduct will expose the Australian Government to liability under international law, including under the Liability Convention;
3. the probability of the activity causing harm to public health or safety, or damage to property; and
4. whether adequate risk mitigation and insurance measures are in place.

The Minister may impose conditions on the certificate as necessary to protect public safety, ensure regulatory compliance, and manage risk exposure. Failure to obtain an authorisation certificate where required, or breach of its conditions, attracts penalties consistent with those applicable to unlicensed activities under the SLR Act.

Insurance

Under the SLR Act, entities conducting space activities in Australia, or Australian nationals conducting such activities abroad, are subject to specific insurance and liability obligations. These provisions aim to ensure that a permit or license holder can cover potential liabilities arising from their activities.

Consistent with international law, the SLR Act establishes a liability regime that distinguishes between different types of damage:

• Absolute Liability arises if a space object causes damage on Earth or to aircraft in flight (i.e., below 100 km altitude), the responsible party is strictly liable for compensation, regardless of fault.
• Fault-Based Liability applies if damage occurs in outer space (i.e., above 100 km altitude), the responsible party is liable only if the damage resulted from their fault or that of a related party.

A ‘responsible party’ includes any person who holds a launch or return permit or authorisation for the space object, or as an Australian national, carried out the launch or return, or owned any part of the space object or its payload.

Coverage must also extend to any liability the Commonwealth may incur under international agreements, such as the Convention on International Liability for Damage Caused by Space Objects.

To manage these liabilities, the SLR Act and the Insurance Rules require each permit holder to maintain insurance or prove equivalent financial capacity, covering the entire ‘liability period’ (from launch until 30 days thereafter, and through landing for returns). The key features are:

• For Australian Launch Permits, Australian High Power Rocket Permits, and return authorisations, the required insurance coverage is up to AUD $100 million.
• The actual required insurance amount may be less than the AUD $100 million cap, determined by a Maximum Probable Loss assessment that estimates the potential maximum loss from a launch or return incident.

Instead of obtaining insurance, permit holders may demonstrate direct financial responsibility by providing evidence of sufficient available assets or other means to meet potential liabilities. This alternative requires approval from the Minister, who must be satisfied with the applicant’s financial capacity. Insurance (or approved self-insurance) must equal the lesser of AUD $100 million or the Maximum Probable Loss and must remain in force for 30 days post-launch and through landing. Notably, lapses or exclusions in coverage can remove the statutory liability cap.

Space debris mitigation strategy

Every launch or overseas payload permit application lodged under the SLR Act must be accompanied by a debris mitigation strategy that accords with an internationally recognised standard, typically the UN Space Debris Mitigation Guidelines. The strategy must explain the applicant’s measures to minimise break-ups and accidental collisions during both the mission and post-mission phases, and include an orbital-debris assessment quantifying collision probabilities and re-entry hazards throughout the object’s life-cycle.

Although Australia presently stops short of prescribing hard disposal deadlines, global practice is tightening (for example, the US Federal Communications Commission now requires Low Earth Orbit satellites to de-orbit within five years of mission completion). Australian permit or license holders should therefore anticipate the introduction of more prescriptive end-of-life rules in the future.

These requirements, together with the potential liability exposure as discussed above, means debris-mitigation planning is not only an environmental imperative but a prerequisite for maintaining the risk protections that underpin the Australian launch regime. For further guidance, see our article on Who is legally responsible for damage caused by space debris?

Radiocommunications licensing 

In addition to the regulatory authorisations required under the SLR Act, the party responsible for the satellite must also comply with separate licensing obligations under the Radiocommunications Act 1992 (Cth). These requirements are administered by the Australian Communications and Media Authority (ACMA), which regulates the use of the radiofrequency spectrum for satellite communications, telemetry, and related uplink and downlink operations.

A responsible party intending to transmit or receive radio signals via satellites, such as for telemetry, tracking, and control (TT&C), Earth observation, or broadband communication, must obtain the appropriate radiocommunications licences. Generally, an apparatus licence is required to authorise the operation of specific transmitters and receivers onboard the satellite or at associated ground stations. If the satellite provides carriage services (e.g., telephone or internet access) to the public within Australia, the party responsible may also be subject to the carrier licensing regime under the Telecommunications Act 1997 (Cth). This arises where the satellite is integrated into a larger telecommunications network that meets the statutory definition of a ‘carriage service’. These obligations exist independently of the SLR Act but are frequently concurrent, and the Australian Space Agency, may require confirmation of engagement with ACMA as part of its due diligence process during the licence assessment.

ACMA distinguishes between uplink/downlink operations, which often involve a carrier licence, and satellite-based transmitters/receivers, which require an apparatus licence. Responsible party’s must also ensure international compliance. Satellite communications must be coordinated through the International Telecommunication Union (ITU) to prevent harmful interference with other space systems. In Australia, ACMA acts as the domestic point of contact for ITU filings. Without proper registration and coordination, a satellite may be effectively unusable due to frequency conflicts or may face liability for international interference. In practical terms, a responsible party operating a satellite may seek early engagement with ACMA and run radiocommunications and space licensing applications in parallel.

Next steps

Space may be the final frontier, but in Australia, it’s also tightly regulated. The SLR Act imposes a comprehensive regime governing launches, returns, and payload deployment, supported by insurance, safety, and debris mitigation rules. Additional approvals may also be required under the SoCI Act for associated critical infrastructure and the Radiocommunications Act and Telecommunications Act for satellite communications.

Though complex, the framework is navigable for well-advised applicants with early engagement and clear strategy. With appropriate planning, Australia’s launch regime offers a practical pathway to orbit. HWL Ebsworth’s Space and Technology team have deep expertise advising on space, associated regulation and IP/Tech law. Please contact us to discuss how we can support your launch goals.

This article was written by Luke Dale, Partner, Daniel Kiley, Partner, Nikki Macor Health, Special Counsel and Christopher Power, Solicitor.