After a few false starts, on 30 July 2025, Gilmour Space Technologies (Gilmour Space) made history in achieving the first liftoff from Australia of an Australian-made orbital launch vehicle. It may have been a short test flight – lasting for all of 14 seconds and landing with a crash – but the achievement reflects perseverance through the extensive regulatory approvals process and patience in the face of mechanical issues and unfavourable weather.
Gilmour Space’s Australian launch vehicle, named the “Eris”, is designed to ferry small satellites into Low Earth Orbit. The 30 July launch was a test only, intended to provide data required to establish commercial launch operations.
In its publicity of the launch, Gilmour Space has emphasised the lengthy approvals process. There are sure to be lessons from this historical feat for other players in the space industry – so what can we take away from this milestone moment?
Regulatory approvals take time
We’ve recently laid out the regulatory approval process for undertaking an Australian launch (see our article here). The Space (Launches and Returns) Act 2018 (Cth) (the Act), together with its three sets of rules, form the key Australian regulatory framework, with licences required for launch facilities, and permits for Australian launches and payloads. Then there are radiofrequency licensing considerations, civil aviation clearances, environmental, planning and development approvals, and potentially native title or cultural heritage processes to work through.
All of this can take months, if not years. Gilmour Space has talked about an 18-month wait for final approvals. It reportedly cleared its first major regulatory hurdle, the launch facility licence, in March 2024, with final approval for launch received in May 2025.
The Australian Space Agency works closely with applicants through the process, though it is operating in relatively new territory itself. In an effort to streamline the process, recent amendments to the Space (Launches and Returns) (General) Rules 2019 (the General Rules) consolidated the application process for a launch facility licence into a single application, rather than a three-stage process. The Agency has indicated it is continuing to work on balancing risk and safety with innovation in the sector.
Accidents happen
Recently, regulations have become more accepting of accidents in launch activities, recognising that some accidents are a necessary part of the controlled testing process.
Recognising that rocket crashes in early testing are expected and provide valuable learning opportunities in Australia’s rapidly evolving space industry, the General Rules have been revised. The General Rules now exclude from the definition of ‘accident’ scenarios where a space object or high-power rocket is seriously damaged or destroyed in a manner consistent with the purposes of the launch and without termination by the flight safety system, or causes damage to other property, but causes no damage to a third party’s property.
This reduces regulatory burden and delays from the potentially lengthy accident investigations that are required under Part 7 of the Act. Under the revised regime, only events affecting third party property or resulting in death or serious personal injury automatically trigger action, otherwise allowing controlled testing to proceed.
We know that the Eris landed with a thud, but at the time of writing it is unclear whether any third-party property was damaged. If not, Gilmour Space may be among the first beneficiaries of this rule change.
Accelerating towards sovereign capability
Of course, approvals and regulation are only some of the hurdles that companies need to clear to achieve launch; this article does not cover the increasingly challenging insurance landscape, not to mention the actual rocket science (and engineering) involved from a technical perspective. Australian space industry participants will be looking closely at Gilmour Space’s experience to learn how to navigate the regulatory process alongside other preparations for launch.
At the Australian Space Forum held in Adelaide earlier this month (attended by representatives from HWL Ebsworth), the Agency emphasised the importance of early engagement with the Office of the Space Regulator. This will become increasingly critical as space activities in Australia are expected to grow in both volume and complexity. Our team is available to assist in navigating this process.
As the industry and regulators gain experience, we look forward to Australia further streamlining its regulatory processes to support the development of a safe and innovative Australian space sector.
This article was written by Nikki Macor Heath, Special Counsel, and reviewed by Veronica Mignone, Special Counsel, and Mizu Ardra, Partner.
