Legislation – Space Industry Act 2018

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Introduction

1 Introduction

2 Duties and supplementary powers of the regulator

3 Prohibition of unlicensed spaceflight etc

4 Exemptions from licence requirement

5 Range

6 Range control services

7 Provision of range control services

8 Grant of licences: general

9 Grant of operator licences: safety

10 Grant of spaceport licence

11 Grant of licences: assessments of environmental effects

12 Terms of licences

13 Conditions of licences

14 Licences granted for specified periods

15 Transfer, variation, suspension or termination of licence

16 Power of Secretary of State to appoint person to exercise functions

17 Informed consent

18 Training, qualifications and medical fitness

19 Safety regulations

20 Investigation of accidents

21 Assistance etc with performance of regulator’s safety functions

22 Offences against the safety of spacecraft etc

23 Security regulations

24 Spaceport byelaws

25 Provision of advice and assistance on security matters

26 Monitoring and enforcement by regulator

27 Power to give directions: breach of licence condition etc

28 Power to give directions: safety, security etc

29 Power to give directions: international obligations of the UK

30 Consultation about directions

31 Further provision about directions

32 Warrants authorising entry or direct action

33 Power to authorise entry etc in emergencies

34 Liability of operator for injury or damage etc

35 Power or duty of Secretary of State to indemnify

36 Obligation to indemnify government etc against claims

37 Regulator etc not liable in respect of spaceflight-related actions

38 Insurance

39 Powers to obtain rights over land

40 Orders under section 39: offences

41 Power to restrict use of land temporarily

42 Power of entry for purposes of survey

43 Challenges to and commencement of orders

44 Powers in relation to land: compensation

45 Registration of orders

46 Special provisions relating to statutory undertakers

47 Compensation in respect of planning decisions relating to spaceport safety etc: England and Wales and Scotland

48 Compensation in respect of planning decisions relating to spaceport safety etc: Northern Ireland

49 Amendment and revocation of orders

50 Powers in relation to land: notices

51 Application of criminal law to spacecraft etc

52 Offences on board spacecraft: supplementary

53 Penalties for offences under this Act

54 Offences under regulations

55 Offences under regulations: extended time limit in case of accident investigation etc

56 Defences

57 Offences by bodies corporate

58 Offences by partnerships

59 Civil sanctions

60 Appeals

61 Register of launches

62 Charging schemes

63 Provision of advice and assistance by or to an appointed person

64 Co-operation between Secretary of State and other public authorities

65 Agreements with other countries: compliance with requirements etc

66 Use of records and documentary evidence

67 Minor and consequential amendments

68 Regulations: general

69 Interpretation

70 Commencement

71 Extent

72 Short title

SCHEDULES

SCHEDULE 1 Particular conditions that may be included in licences

SCHEDULE 2 Training regulations: further provision

SCHEDULE 3 Safety regulations: further provision

SCHEDULE 4 Offences against the safety of spacecraft etc

SCHEDULE 5 Security regulations: further provision

SCHEDULE 6 Orders under sections 39 and 41

SCHEDULE 7 Powers in relation to land: quashing of orders

SCHEDULE 8 Powers in relation to land: compensation

SCHEDULE 9 Powers in relation to land: special provisions relating to statutory undertakers

SCHEDULE 10 Appeals in connection with spaceflight activities

SCHEDULE 11 Charging schemes

SCHEDULE 12 Minor and consequential amendments

Licences

11Grant of licences: assessments of environmental effects

(1)

This section applies to—

(a)

a spaceport licence;

(b)

an operator licence authorising launches of spacecraft or carrier aircraft.

(2)

The regulator may not grant an application for a licence to which this section applies unless the applicant has submitted an assessment of environmental effects.

(3)

In this section “assessment of environmental effects”—

(a)

in relation to a spaceport licence, means an assessment of the effects that launches of spacecraft or carrier aircraft from the spaceport in question, or launches of spacecraft from carrier aircraft launched from the spaceport, are expected to have on the environment;

(b)

in relation to an operator licence authorising launches of spacecraft or carrier aircraft, means an assessment of the effects that those launches are expected to have on the environment.

(4)

If or to the extent that the regulator directs, the requirement imposed by subsection (2) to submit an assessment of environmental effects may be met by submitting—

(a)

an equivalent assessment prepared previously in compliance with a requirement imposed by or under another enactment, or

(b)

an assessment of environmental effects prepared in connection with a previous application.

The regulator may make a direction under this subsection only if satisfied that there has been no material change of circumstances since the previous assessment was prepared.

(5)

The regulator must take into account the assessment of environmental effects (including any assessment submitted as mentioned in subsection (4)) in deciding—

(a)

whether to grant a licence to which this section applies;

(b)

what conditions should be attached to such a licence under section 13.

(6)

The regulator must issue guidance about—

(a)

the form, contents and level of detail of an assessment of environmental effects;

(b)

the time for submitting an assessment of environmental effects;

(c)

the circumstances in which the regulator will or may give a direction under subsection (4).

Guidance under paragraph (a) may specify matters that are to be dealt with in an assessment of environmental effects only if the regulator so requires in a particular case.