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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Space
Activities Amendment Bill 2002
No. ,
2002
(Industry, Tourism and
Resources)
A Bill for an Act to amend the
Space Activities Act 1998, and for related purposes
Contents
Space Activities Act
1998 3
A Bill for an Act to amend the Space Activities Act
1998, and for related purposes
The Parliament of Australia enacts:
This
Act may be cited as the Space Activities Amendment Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If the provisions covered by item 2 of the table do not commence
within the period of 6 months beginning on the day on which this Act receives
the Royal Assent, they commence on the first day after the end of that
period.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Section 8
Insert:
approved scientific or educational organisation means an
educational institution, a scientific organisation or a non-profit body, in
respect of which a declaration under section 8A is in force.
2 Section 8 (definition of
launch)
Omit “outer space”, substitute “an area beyond the
distance of 100 km above mean sea level”.
3 Section 8 (definition of launch
vehicle)
Omit “outer space”, substitute “an area beyond the
distance of 100 km above mean sea level”.
4 Section 8 (definition of
return)
Omit “outer space”, substitute “an area beyond the
distance of 100 km above mean sea level”.
5 Section 8 (definition of space
object)
Omit “outer space” (wherever occurring), substitute “an
area beyond the distance of 100 km above mean sea level”.
6 After section 8
Insert:
The Minister may, by writing, declare an educational institution, a
scientific organisation or a non-profit body to be an approved scientific or
educational organisation for the purposes of this Act.
Note: Under subsection 33(3) of the Acts Interpretation
Act 1901, the Minister may vary or revoke such a
declaration.
(1) The Minister must develop written guidelines that he or she must have
regard to when deciding whether or not to make a declaration under
section 8A.
(2) The guidelines are to be made available for inspection on the
Internet.
(3) The guidelines are a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901.
An application for a declaration under section 8A must be made in
accordance with the regulations.
7 Section 18
Omit “and a particular kind of launch vehicle,”, substitute
“a particular kind of launch vehicle and particular flight
paths,”.
8 After paragraph 18(a)
Insert:
(aa) the person is a corporation to which paragraph 51(xx) of the
Constitution applies; and
9 Paragraph 18(d)
Omit “sufficiently low”, substitute “as low as is
reasonably practicable”.
10 At the end of
section 18
Add (before the example):
; and (h) the criteria (if any) prescribed by the regulations are
satisfied in relation to each flight path specified in the application for the
licence.
11 Section 23
Omit “grant or transfer”, substitute “grant, variation or
transfer”.
Note: The heading to section 23 is altered by omitting
“grant or transfer” and substituting “grant,
variation or transfer”.
12 At the end of
section 24
Add:
(4) The regulations may prescribe other ways in which a space licence must
not be varied.
13 At the end of Division 2 of
Part 3
Add:
The Minister may conduct an annual review of a space licence:
(a) for the purpose of monitoring compliance by the licence holder with
this Act and with the conditions of the licence; or
(b) for any other reason that the Minister considers
appropriate.
14 Subsection 26(2) (note)
Omit “outer space” (wherever occurring), substitute “an
area beyond the distance of 100 km above mean sea level”.
15 Paragraph 26(3)(e)
Omit “sufficiently low”, substitute “as low as is
reasonably practicable”.
16 Subsection 31(3)
Omit “same launch facility and the same kind of launch
vehicle”, substitute “same launch facility, the same kind of launch
vehicle and the same space object or objects”.
17 Section 32
Omit “grant or transfer”, substitute “grant, variation or
transfer”.
Note: The heading to section 32 is altered by omitting
“grant or transfer” and substituting “grant,
variation or transfer”.
18 At the end of
section 33
Add:
(4) The regulations may prescribe other ways in which a launch permit must
not be varied.
19 At the end of subsection
34(1)
Add (before the note):
; or (c) an incident involving a space object covered by the permit occurs
during the liability period for the launch or return of the object.
20 Subsection 35(3)
After “agreement” (wherever occurring), insert “or
arrangement”.
21 Subsection 38(3)
Omit “same launch facility and the same kind of launch
vehicle”, substitute “same launch facility, the same kind of launch
vehicle and the same space object or objects”.
22 Section 39
Omit “grant or transfer”, substitute “grant, variation or
transfer”.
Note: The heading to section 39 is altered by omitting
“grant or transfer” and substituting “grant,
variation or transfer”.
23 At the end of
section 40
Add:
(4) The regulations may prescribe other ways in which an overseas launch
certificate must not be varied.
24 Section 42 (note)
Omit “outer space” (wherever occurring), substitute “an
area beyond the distance of 100 km above mean sea level”.
25 At the end of subsection
43(1)
Add:
Note: Under subsection 33(3) of the Acts Interpretation
Act 1901, the Minister may vary or revoke an authorisation granted under
this section.
26 Paragraph 43(3)(c)
Omit “sufficiently low”, substitute “as low as is
reasonably practicable”.
27 Subsection 43(4)
After “agreement” (wherever occurring), insert “or
arrangement”.
28 At the end of Division 5 of
Part 3
Add:
An application for an authorisation under section 43, or for the
variation of such an authorisation, must be made in accordance with the
regulations.
(1) If the Minister considers that there may be grounds to vary or revoke
an authorisation under section 43 (other than at the authorisation
holder’s request), the Minister must:
(a) give the holder of the authorisation written notice of the
Minister’s opinion specifying the reasons for that opinion; and
(b) invite the holder to make a written submission to the Minister about
the matter within a reasonable period specified in the notice.
(2) In deciding whether to vary or revoke the authorisation, the Minister
must consider the matters raised in any submission received within the period
specified in the notice.
(1) The Minister may, by written notice, suspend an authorisation under
section 43 if:
(a) the holder of the authorisation contravenes a condition of the
authorisation; or
(b) the Minister considers that, for reasons relevant to Australia’s
national security, foreign policy or international obligations, the
authorisation should be suspended; or
(c) an incident involving a space object covered by the authorisation
occurs during the liability period for the return of the object.
Note: Under subsection 33(3) of the Acts Interpretation
Act 1901, the Minister may revoke a suspension.
(2) An authorisation under section 43 has no effect while
suspended.
(3) An authorisation under section 43 may be varied or revoked
even while it is suspended.
29 At the end of Division 6 of
Part 3
Add:
(1) An exemption certificate:
(a) comes into force on a specified day or when a specified event happens;
and
(b) remains in force for a specified period (which may be a period that
ends on the occurrence of a specified event).
(2) For the purposes of subsection (1), the regulations may set out
how to determine when events of a particular kind occur.
(3) At any time when an exemption certificate is in force, the Minister
may, by written notice, extend or further extend the period for which the
certificate remains in force.
(4) An exemption certificate is granted subject to any conditions
specified in the certificate.
The holder of an exemption certificate must not contravene a condition of
the certificate.
Note: Contravening this section is not an offence. However,
a person who contravenes this section is liable to a civil penalty under
Part 6.
30 At the end of paragraph
47(2)(b)
Add “for an amount not less than the amount that would otherwise have
been applicable under subsection 48(3) for the launch or
return”.
31 Subsection 48(3)
After “not less than”, insert “the lesser of the amount
of $750 million (as indexed from time to time in accordance with the
regulations) and”.
32 After paragraph 51(a)
Insert:
(aa) to ensure that notice is given, in accordance with the regulations,
of returns of space objects that were launched from the facility; and
33 After paragraph 51(b)
Insert:
(ba) to ensure that no person or property is endangered by any return of a
space object that was launched from the facility; and
34 At the end of subsection
52(2)
Add:
; and (d) give any directions about the return of a space object that was
launched from the facility that he or she considers necessary to avoid any
danger to public health or to persons or property, including directions to stop
the return or destroy the space object.
35 Section 53
After “paragraph 52(2)(c)”, insert “or
(d)”.
36 Paragraph 54(1)(a)
After “paragraph 52(2)(c)”, insert “or
(d)”.
37 Subsection 59(1)
Repeal the subsection, substitute:
(1) The applicant for a launch permit, or for a transfer or variation of a
launch permit, must pay the Commonwealth any fee the regulations set in respect
of the application.
38 Subsection 59(2)
After “certificate”, insert “, or for a transfer or
variation of an overseas launch certificate,”.
39 After subsection 59(2)
Insert:
(2A) The applicant for an authorisation under section 43, or for the
variation of such an authorisation, must pay the Commonwealth any fee the
regulations set in respect of the application.
40 Subsection 59(3)
After “licence”, insert “, or for a transfer or variation
of a space licence,”.
41 After subsection 59(3)
Insert:
(3A) The holder of a space licence must pay the Commonwealth any annual
licence fee the regulations set in respect of the licence.
42 After subsection 59(6)
Insert:
(6A) The regulations may make provision for approved scientific or
educational organisations to be charged different fees under this section than
other persons.
43 At the end of
section 59
Add:
(9) The regulations may prescribe the circumstances in which the Minister
may wholly or partly waive fees that would otherwise be payable under this
section.
44 After paragraph 60(b)
Insert:
; or (c) an applicant for, or the holder of, an overseas launch
certificate; or
(d) an applicant for, or the holder of, an authorisation under
section 43;
45 Section 60
Omit “licence or permit”, substitute “licence, permit,
certificate or authorisation”.
46 Paragraph 61(g)
Omit “varying or revoking”, substitute “varying, revoking
or suspending”.
47 After paragraph 61(i)
Insert:
(ia) refusing to extend, or further extend, the period for which an
exemption certificate remains in force; or
48 Paragraph 61(j)
Omit “overseas launch certificate or authorisation under
section 43”, substitute “overseas launch certificate,
authorisation under section 43 or exemption certificate”.
49 At the end of
section 61
Add:
; or (k) refusing to make a declaration under section 8A;
or
(l) varying or revoking a declaration under section 8A.
50 After subsection 63(2)
Insert:
(2A) This Part also applies to damage a space object causes if:
(a) either:
(i) the object is launched from a launch facility in Australia;
or
(ii) Australia is a launching State in relation to the object;
and
(b) the object is returned to a place outside Australia; and
(c) the damage is caused during the liability period for the
return.
51 Subsection 63(3)
Omit “subsection (1) or (2)”, substitute
“subsection (1), (2) or (2A)”.
52 At the end of
section 64
Add:
Note: This section does not affect the rights of persons who
are not third parties (for example, employees of a responsible party) from
seeking compensation outside of this Act for damage to which this Part applies.
However, see also section 65 (which allows the regulations to make
provision in relation to the waiver of such rights).
53 At the end of
section 69
Add:
(4) If:
(a) the responsible party has paid compensation for the damage of an
amount equal to the insured amount for the launch permit or overseas launch
certificate; and
(b) apart from this section, the responsible party would be liable to pay
further compensation to Australian nationals for the damage of an amount (the
excess amount) in excess of the insured amount for the launch
permit or overseas launch certificate;
then the Commonwealth is liable to pay compensation to the Australian
nationals for the damage of an amount equal to so much of the excess amount as
does not exceed $3 billion.
(5) The Consolidated Revenue Fund is appropriated for the purposes of
payments by the Commonwealth under subsection (4).
54 Paragraph 80(c)
Omit “subsection 30(2)”, substitute “subsections 30(1)
and (2)”.
55 After paragraph 80(f)
Insert:
(fa) section 46B (breaching a condition of an exemption
certificate);
56 Section 85 (at the end of
paragraph (b) of the definition of accident)
Add “(other than in the circumstances prescribed by the
regulations)”.
57 Section 106
Repeal the section, substitute:
A person is not subject to any liability to any person in respect of
anything done, or omitted to be done, in good faith in connection with the
exercise or performance of powers, functions or duties under this Act.
58 At the end of
section 110
Add:
(2) The regulations may make provision for or in relation to a matter by
applying, adopting or incorporating (with or without modification) any matter
contained in a written instrument or other document, as in force at a particular
time or as in force from time to time.
59 Paragraph 4 of Article XIX of
Schedule 1
Omit “pubic”, substitute “public”.
60 Schedule 4
Repeal the Schedule, substitute:
Note: This is the copy of the Agreement referred to in
paragraph (d) of the definition of UN Space Treaties in
section 8 of this Act.
THE STATES PARTIES TO THIS AGREEMENT,
NOTING the achievements of
States in the exploration and use of the moon and other celestial
bodies,
RECOGNIZING that the moon, as a natural satellite of the earth,
has an important role to play in the exploration of outer
space,
DETERMINED to promote on the basis of equality the further
development of co-operation among States in the exploration and use of the moon
and other celestial bodies,
DESIRING to prevent the moon from becoming an
area of international conflict,
BEARING IN MIND the benefits which may be
derived from the exploitation of the natural resources of the moon and other
celestial bodies,
RECALLING the Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space, including the
Moon and Other Celestial Bodies, the Agreement on the Rescue of Astronauts, the
Return of Astronauts and the Return of Objects Launched into Outer Space, the
Convention on International Liability for Damage Caused by Space Objects, and
the Convention on Registration of Objects Launched into Outer
Space,
TAKING INTO ACCOUNT the need to define and develop the provisions
of these international instruments in relation to the moon and other celestial
bodies, having regard to further progress in the exploration and use of outer
space,
Have agreed on the following:
1. The provisions of this Agreement relating to the moon shall also
apply to other celestial bodies within the solar system, other than the earth,
except in so far as specific legal norms enter into force with respect to any of
these celestial bodies.
2. For the purposes of this Agreement reference
to the moon shall include orbits around or other trajectories to or around
it.
3. This Agreement does not apply to extraterrestrial materials which
reach the surface of the earth by natural means.
All activities on the moon, including its exploration and use, shall be
carried out in accordance with international law, in particular the Charter of
the United Nations, and taking into account the Declaration on Principles of
International Law concerning Friendly Relations and Co-operation among States in
accordance with the Charter of the United Nations, adopted by the General
Assembly on 24 October 1970, in the interests of maintaining international
peace and security and promoting international co-operation and mutual
understanding, and with due regard to the corresponding interests of all other
States Parties.
1. The moon shall be used by all States Parties exclusively for
peaceful purposes.
2. Any threat or use of force or any other hostile act
or threat of hostile act on the moon is prohibited. It is likewise prohibited to
use the moon in order to commit any such act or to engage in any such threat in
relation to the earth, the moon, spacecraft, the personnel of spacecraft or
man-made space objects.
3. States Parties shall not place in orbit around
or other trajectory to or around the moon objects carrying nuclear weapons or
any other kinds of weapons of mass destruction or place or use such weapons on
or in the moon.
4. The establishment of military bases, installations and
fortifications, the testing of any type of weapons and the conduct of military
manoeuvres on the moon shall be forbidden. The use of military personnel for
scientific research or for any other peaceful purposes shall not be prohibited.
The use of any equipment or facility necessary for peaceful exploration and use
of the moon shall also not be prohibited.
1. The exploration and use of the moon shall be the province of all
mankind and shall be carried out for the benefit and in the interests of all
countries, irrespective of their degree of economic or scientific development.
Due regard shall be paid to the interests of present and future generations as
well as to the need to promote higher standards of living and conditions of
economic and social progress and development in accordance with the Charter of
the United Nations.
2. States Parties shall be guided by the principle of
co-operation and mutual assistance in all their activities concerning the
exploration and use of the moon. International co-operation in pursuance of this
Agreement should be as wide as possible and may take place on a multilateral
basis, on a bilateral basis or through international intergovernmental
organizations.
1. States Parties shall inform the Secretary-General of the United
Nations as well as the public and the international scientific community, to the
greatest extent feasible and practicable, of their activities concerned with the
exploration and use of the moon. Information on the time, purposes, locations,
orbital parameters and duration shall be given in respect of each mission to the
moon as soon as possible after launching, while information on the results of
each mission, including scientific results, shall be furnished upon completion
of the mission. In the case of a mission lasting more than sixty days,
information on conduct of the mission, including any scientific results, shall
be given periodically at thirty days’ intervals. For missions lasting more
than six months, only significant additions to such information need be reported
thereafter.
2. If a State Party becomes aware that another State Party
plans to operate simultaneously in the same area of or in the same orbit around
or trajectory to or around the moon, it shall promptly inform the other State of
the timing of and plans for its own operations.
3. In carrying out
activities under this Agreement, States Parties shall promptly inform the
Secretary-General, as well as the public and the international scientific
community, of any phenomena they discover in outer space, including the moon,
which could endanger human life or health, as well as of any indication of
organic life.
1. There shall be freedom of scientific investigation on the moon by
all States Parties without discrimination of any kind, on the basis of equality
and in accordance with international law.
2. In carrying out scientific
investigations and in furtherance of the provisions of this Agreement, the
States Parties shall have the right to collect on and remove from the moon
samples of its mineral and other substances. Such samples shall remain at the
disposal of those States Parties which caused them to be collected and may be
used by them for scientific purposes. States Parties shall have regard to the
desirability of making a portion of such samples available to other interested
States Parties and the international scientific community for scientific
investigation. States Parties may in the course of scientific investigations
also use mineral and other substances of the moon in quantities appropriate for
the support of their missions.
3. States Parties agree on the
desirability of exchanging scientific and other personnel on expeditions to or
installations on the moon to the greatest extent feasible and
practicable.
1. In exploring and using the moon, States Parties shall take measures
to prevent the disruption of the existing balance of its environment whether by
introducing adverse changes in that environment, by its harmful contamination
through the introduction of extra-environmental matter or otherwise. States
Parties shall also take measures to avoid harmfully affecting the environment of
the earth through the introduction of extraterrestrial matter or
otherwise.
2. States Parties shall inform the Secretary-General of the
United Nations of the measures being adopted by them in accordance with
paragraph 1 of this article and shall also, to the maximum extent feasible,
notify him in advance of all placements by them of radio-active materials on the
moon and of the purposes of such placements.
3. States Parties shall
report to other States Parties and to the Secretary-General concerning areas of
the moon having special scientific interest in order that, without prejudice to
the rights of other States Parties, consideration may be given to the
designation of such areas as international scientific preserves for which
special protective arrangements are to be agreed upon in consultation with the
competent bodies of the United Nations.
1. States Parties may pursue their activities in the exploration and
use of the moon anywhere on or below its surface, subject to the provisions of
this Agreement.
2. For these purposes States Parties may, in
particular:
(a) Land their space objects on the moon and launch them from
the moon;
(b) Place their personnel, space vehicles, equipment,
facilities, stations and installations anywhere on or below the surface of the
moon.
Personnel, space vehicles, equipment, facilities, stations and
installations may move or be moved freely over or below the surface of the
moon.
3. Activities of States Parties in accordance with paragraphs 1 and
2 of this article shall not interfere with the activities of other States
Parties on the moon. Where such interference may occur, the States Parties
concerned shall undertake consultations in accordance with article 15,
paragraphs 2 and 3 of this Agreement.
1. States Parties may establish manned and unmanned stations on the
moon. A State Party establishing a station shall use only that area which is
required for the needs of the station and shall immediately inform the
Secretary-General of the United Nations of the location and purposes of that
station. Subsequently, at annual intervals that State shall likewise inform the
Secretary-General whether the station continues in use and whether its purposes
have changed.
2. Stations shall be installed in such a manner that they
do not impede the free access to all areas of the moon by personnel, vehicles
and equipment of other States Parties conducting activities on the moon in
accordance with the provisions of this Agreement or of article I of the Treaty
on Principles Governing the Activities of States in the Exploration and Use of
Outer Space, including the Moon and Other Celestial Bodies.
1. States Parties shall adopt all practicable measures to safeguard the
life and health of persons on the moon. For this purpose they shall regard any
person on the moon as an astronaut within the meaning of article V of the Treaty
on Principles Governing the Activities of States in the Exploration and Use of
Outer Space, including the Moon and Other Celestial Bodies and as part of the
personnel of a spacecraft within the meaning of the Agreement on the Rescue of
Astronauts, the Return of Astronauts and the Return of Objects Launched into
Outer Space.
2. States Parties shall offer shelter in their stations,
installations, vehicles and other facilities to persons in distress on the
moon.
1. The moon and its natural resources are the common heritage of
mankind, which finds its expression in the provisions of this Agreement and in
particular in paragraph 5 of this article.
2. The moon is not subject to
national appropriation by any claim of sovereignty, by means of use or
occupation, or by any other means.
3. Neither the surface nor the
subsurface of the moon, nor any part thereof or natural resources in place,
shall become the property of any State, international intergovernmental or
non-governmental organization, national organization or non-governmental entity
or of any natural person. The placement of personnel, space vehicles, equipment,
facilities, stations and installations on or below the surface of the moon,
including structures connected with its surface or subsurface, shall not create
a right of ownership over the surface or the subsurface of the moon or any areas
thereof. The foregoing provisions are without prejudice to the international
regime referred to in paragraph 5 of this article.
4. States Parties have
the right to exploration and use of the moon without discrimination of any kind,
on the basis of equality and in accordance with international law and the terms
of this Agreement.
5. States Parties to this Agreement hereby undertake
to establish an international regime, including appropriate procedures, to
govern the exploitation of the natural resources of the moon as such
exploitation is about to become feasible. This provision shall be implemented in
accordance with article 18 of this Agreement.
6. In order to facilitate
the establishment of the international regime referred to in paragraph 5 of this
article, States Parties shall inform the Secretary-General of the United Nations
as well as the public and the international scientific community, to the
greatest extent feasible and practicable, of any natural resources they may
discover on the moon.
7. The main purposes of the international regime to
be established shall include:
(a) The orderly and safe development of the
natural resources of the moon;
(b) The rational management of those
resources;
(c) The expansion of opportunities in the use of those
resources;
(d) An equitable sharing by all States Parties in the benefits
derived from those resources, whereby the interests and needs of the developing
countries, as well as the efforts of those countries which have contributed
either directly or indirectly to the exploration of the moon, shall be given
special consideration.
8. All the activities with respect to the natural
resources of the moon shall be carried out in a manner compatible with the
purposes specified in paragraph 7 of this article and the provisions of article
6, paragraph 2, of this Agreement.
1. States Parties shall retain jurisdiction and control over their
personnel, vehicles, equipment, facilities, stations and installations on the
moon. The ownership of space vehicles, equipment, facilities, stations and
installations shall not be affected by their presence on the
moon.
2. Vehicles, installations and equipment or their component parts
found in places other than their intended location shall be dealt with in
accordance with article 5 of the Agreement on Rescue of Astronauts, the Return
of Astronauts and the Return of Objects Launched into Outer Space.
3. In
the event of an emergency involving a threat to human life, States Parties may
use the equipment, vehicles, installations, facilities or supplies of other
States Parties on the moon. Prompt notification of such use shall be made to the
Secretary-General of the United Nations or the State Party
concerned.
A State Party which learns of the crash landing, forced landing or
other unintended landing on the moon of a space object, or its component parts,
that were not launched by it, shall promptly inform the launching State Party
and the Secretary-General of the United Nations.
1. States Parties to this Agreement shall bear international
responsibility for national activities on the moon, whether such activities are
carried on by governmental agencies or by non-governmental entities, and for
assuring that national activities are carried out in conformity with the
provisions set forth in this Agreement. States Parties shall ensure that
non-governmental entities under their jurisdiction shall engage in activities on
the moon only under the authority and continuing supervision of the appropriate
State Party.
2. States Parties recognize that detailed arrangements
concerning liability for damage caused on the moon, in addition to the
provisions of the Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, including the Moon and Other Celestial
Bodies and the Convention on International Liability for Damage Caused by Space
Objects, may become necessary as a result of more extensive activities on the
moon. Any such arrangements shall be elaborated in accordance with the procedure
provided for in article 18 of this Agreement.
1. Each State Party may assure itself that the activities of other
States Parties in the exploration and use of the moon are compatible with the
provisions of this Agreement. To this end, all space vehicles, equipment,
facilities, stations and installations on the moon shall be open to other States
Parties. Such States Parties shall give reasonable advance notice of a projected
visit, in order that appropriate consultations may be held and that maximum
precautions may be taken to assure safety and to avoid interference with normal
operations in the facility to be visited. In pursuance of this article, any
State Party may act on its own behalf or with the full or partial assistance of
any other State Party or through appropriate international procedures within the
framework of the United Nations and in accordance with the Charter.
2. A
State Party which has reason to believe that another State Party is not
fulfilling the obligations incumbent upon it pursuant to this Agreement or that
another State Party is interfering with the rights which the former State has
under this Agreement may request consultations with that State Party. A State
Party receiving such a request shall enter into such consultations without
delay. Any other State Party which requests to do so shall be entitled to take
part in the consultations. Each State Party participating in such consultations
shall seek a mutually acceptable resolution of any controversy and shall bear in
mind the rights and interests of all States Parties. The Secretary-General of
the United Nations shall be informed of the results of the consultations and
shall transmit the information received to all States Parties
concerned.
3. If the consultations do not lead to a mutually acceptable
settlement which has due regard for the rights and interests of all States
Parties, the parties concerned shall take all measures to settle the dispute by
other peaceful means of their choice appropriate to the circumstances and the
nature of the dispute. If difficulties arise in connexion with the opening of
consultations or if consultations do not lead to a mutually acceptable
settlement, any State Party may seek the assistance of the Secretary-General,
without seeking the consent of any other State Party concerned, in order to
resolve the controversy. A State Party which does not maintain diplomatic
relations with another State Party concerned shall participate in such
consultations, at its choice, either itself or through another State Party or
the Secretary-General as intermediary.
With the exception of articles 17 to 21, references in this Agreement
to States shall be deemed to apply to any international intergovernmental
organization which conducts space activities if the organization declares its
acceptance of the rights and obligations provided for in this Agreement and if a
majority of the States members of the organization are States Parties to this
Agreement and to the Treaty on Principles Governing the Activities of States in
the Exploration and Use of Outer Space, including the Moon and Other Celestial
Bodies. States members of any such organization which are States Parties to this
Agreement shall take all appropriate steps to ensure that the organization makes
a declaration in accordance with the foregoing.
Any State Party to this Agreement may propose amendments to the
Agreement. Amendments shall enter into force for each State Party to the
Agreement accepting the amendments upon their acceptance by a majority of the
States Parties to the Agreement and thereafter for each remaining State Party to
the Agreement on the date of acceptance by it.
Ten years after the entry into force of this Agreement, the question of
the review of the Agreement shall be included in the provisional agenda of the
General Assembly of the United Nations in order to consider, in the light of
past application of the Agreement, whether it requires revision. However, at any
time after the Agreement has been in force for five years, the Secretary-General
of the United Nations, as depository, shall, at the request of one third of the
States Parties to the Agreement and with the concurrence of the majority of the
States Parties, convene a conference of the States Parties to review this
Agreement. A review conference shall also consider the question of the
implementation of the provisions of article 11, paragraph 5, on the basis of the
principle referred to in paragraph 1 of that article and taking into account in
particular any relevant technological developments.
1. This Agreement shall be open for signature by all States at United
Nations Headquarters in New York.
2. This agreement shall be subject to
ratification by signatory States. Any State which does not sign this Agreement
before its entry into force in accordance with paragraph 3 of this article may
accede to it at any time. Instruments of ratification or accession shall be
deposited with the Secretary-General of the United Nations.
3. This
Agreement shall enter into force on the thirtieth day following the date of
deposit of the fifth instrument of ratification.
4. For each State
depositing its instrument of ratification or accession after the entry into
force of this Agreement, it shall enter into force on the thirtieth day
following the date of deposit of any such instrument.
5. The
Secretary-General shall promptly inform all signatory and acceding States of the
date of each signature, the date of deposit of each instrument of ratification
or accession to this Agreement, the date of its entry into force and other
notices.
Any State Party to this Agreement may give notice of its withdrawal
from the Agreement one year after its entry into force by written notification
to the Secretary-General of the United Nations. Such withdrawal shall take
effect one year from the date of receipt of this notification.
The original of this Agreement, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited with
the Secretary-General of the United Nations, who shall send certified copies
thereof to all signatory and acceding States.
IN WITNESS WHEREOF the
undersigned, being duly authorized thereto by their respective Governments, have
signed this Agreement, opened for signature at New York on 18 December
1979.
61 Before Article 1 of
Schedule 5
Omit “rendering of a”, substitute “rendering of
all”.
62 Article 3 of
Schedule 5
Omit “if necessary”, substitute “if
necessary,”.