As we continue our exploration of spaceports, this article explores the pivotal provisions of the Space Industry Act 2018 (the SIA) and supplemental regulations that apply to the licencing of such spaceports.
When you think of spaceports, the Kennedy Space Center may come to mind. While the UK’s spaceports may not yet rival that scale, they are becoming a reality thanks to the finalisation of key regulations back in 2021.[1] As explained in our first article, following the enactment of SIA, all that was missing were supporting regulations. These included the:
- Space Industry Regulations 2021;[2]
- Space Industry (Appeals) Regulations 2021;[3]
- Spaceflight Activities (Investigation of Spaceflight Accidents) Regulations 2021;[4] and
- Contracting Out (Functions in Relation to Space) Order 2021[5](the Regulations).
It is hoped that following the finalisation of this crucial legislation that the UK is well on its way to lift off with launches scheduled from a select few UK spaceports early this year.[6]
Licences for spaceports
A spaceport licence is one of three licences outlined in the SIA, the other two being an operator licence (authorising a person to carry out spaceflight activities) and a range control licence (authorising a person to carry out range control services in relation to spaceflight activities). Applications are made to the UK’s space regulator, The UK Civil Aviation Authority (the Regulator).[7]
For those seeking to apply and be successful in procuring a spaceport licence, it is necessary to satisfy the Regulator that the proposed licensee “has taken all reasonable steps to ensure that risks to public safety arising from the operation of the spaceport are as low as reasonably practicable” and that any other prescribed criteria or requirements have been met (section 10 of the SIA). Sections 39 - 40 of The Space Industry Regulations 2021 provides further details as to those that are not considered to be “members of the public” for the purposes of section 10 of the SIA.
Additional criteria are set out in the SIA and within the Regulations. In particular:
- Environmental Assessment: Section 11 of the SIA prohibits the granting of an application unless the applicant has submitted an assessment of environmental effects (section 11(2) of the SIA). This is an assessment of the effect that launches from the spaceport (vertical launch) or launches from carrier aircraft launched from the spaceport (horizontal/air launch) are expected to have on the environment. It should cover the effects (both independent and cumulative) of the proposed licensed activities on air quality, emissions targets, biodiversity, marine impacts, noise pollution, water quality, soil health and the environmental effects of a launch failure.
- Safety Case: Section 29 of The Space Industry Regulations 2021 requires an applicant to carry out a safety case that meets the requirements of paragraphs (a) to (f)(iii) of that section.
- Safety Clear Zone: Subject to that safety case, section 37 of The Space Industry Regulations 2021 requires demonstration by the applicant that it will be able to put in place an appropriate safety clear zone to ensure that the risk from blast overpressure, fragmentation debris, thermal radiation or toxic release will be as low as reasonably practicable during any hazardous pre-flight and post-flight operations.
- Siting Assessment: Section 38 of The Space Industry Regulations 2021 requires the applicant to conduct a siting assessment. This is an assessment to enable the regulator to consider the suitability of the site for conducting the proposed spaceflight activities.
- Aerodrome Requirements: Section 35 and 153 of The Space Industry Regulations 2021 require any proposed horizontal spaceports to be located at an aerodrome which is either certified, or Regulator licensed and National Aviation Security Programme directed.
The regulator may also request any other information it deems necessary to evaluate the licence application (section 19 of The Space Industry Regulations 2021. Licences may be granted subject to any conditions that the regulator thinks appropriate (section 13 of the SIA). It is an offence for the holder of a licence to fail to comply with a condition of the licence, in which case the licence may also be revoked (section 15(4) of the SIA).
Other licences, permits and legislation
A licence under the SIA will not be the only licence needed for construction of a spaceport. Additional licences to consider include the following:
- Planning permission is likely to be required for the spaceport infrastructure. This falls within the ambit of the local planning authority that governs the location of the proposed spaceport.
- A marine licence may be required, for which the area’s marine licensing body would need to be consulted.
- Environmental permits (e.g. water discharge and greenhouse gas emissions permits) may be required for certain activities.
- A wildlife licence is likely to be required where the activity of the spaceport will disturb or remove wildlife or damage habitats.
Moreover, there also exist a range of other legislation and regulations that may be applicable to the operations of specific spaceports. These include CAP168 Licensing of Aerodromes,[8] which will apply to proposed horizontal spaceports, The Control of Major Accident Hazards Regulations 2015,[9] which regulates the storage and safe handling of chemicals and explosives (which would include spacecraft propellant), and The Civil Contingencies Act 2004[10] which sets out obligations and powers applicable for various types of emergencies.
The Regulator website has more information on applying for a licence for orbital operations, launch, return, spaceport and range control activities, including what to expect from the licensing process and the obligations of licensees.
Jake Wright