Outer Space Law

Original Language Title: Weltraumgesetz

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997829/weltraumgesetz.html

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132. Federal law on the approval of space activities and the establishment of a register of space (space Act)

The National Council has decided:

Scope of application

§ 1 (1) is this federal law apply to space activities carried 1 on Austrian territory, 2. on vessels registered in Austria or aircraft or 3 from an operator who is an Austrian citizen, or a legal person established in the domestic.

(2) on private claims, this federal law is to apply, when according to the rules of private international law, Austrian law is decisive.

Definitions

§ 2. Means within the meaning of this federal law, unless otherwise noted "Space activity" 1: start, operation or control of a space object or the operation of an installation for the launch of space objects;

2. "Outer space object": subject was launched into outer space or to be started including its components;

3. 'Operator': natural or legal person who carries space activities or perform.

Permit requirements

§ 3. space activities require the consent of the Federal Minister of the Federal Minister for transport, innovation and technology. Approval requirements under other provisions as according to this Federal Act remain unaffected.

Requirements for approval

§ 4 (1) is the approval under section 3 granted if 1 the operator has the necessary reliability, performance and expertise, to carry out the space activity, 2. no immediate danger to public order, the security of people and property and for the health represents the space activity, 3 did not interfere with the space activity of the national security, international obligations or foreign policy interests of in Austria, 4 were taken precautions for the prevention of space debris in the sense of § 5 , 5. space activity no harmful contamination of space or causes of celestial bodies and no harmful changes in the environment, 6 the operator complies with the requirements concerning the orbital position and frequency allocation of the International Telecommunication Union (ITU), 7 the operator has concluded a liability in accordance with paragraph 4 and 8 of the operators has made provision for the termination of the space activity as scheduled.

(2) the operator of space activity has all the documentation, the validation of the existence of the conditions for ABS. 1 allow to teach.

(3) the permit may contain terms and conditions. The Federal Minister / the Federal Minister for transport, innovation and technology decides on the application for authorisation without undue delay, but not later than six months after its receipt.

(4) the operator has a liability insurance with a minimum insurance cover of 60 000 000 euros for each insurance case to cover its liability for personal injury or property damage, complete exclusion or limitation for liability, without. The Federal Minister / the Federal Minister for transport, innovation and technology can set a lower insurance sum for the to be completed by the operator liability insurance decision due to public interest in the space activity, taking into account the risk posed by her and the financial strength of the operator or completely free the operator of compulsory insurance. Space activities, which serve the science, research, or education are in the public interest. An insurance policy is not complete if the Federal Government itself is the operator of space activity.

Prevention of space debris

§ 5. The operator has to take measures to avoid space debris the State of the art according to and in compliance with internationally recognised guidelines to avoid space debris. In particular, precautions to avoid mission residues are to meet.

Amendment or termination of the space activity

Section 6 (1) the operator is obliged without delay to display all events which would delay the implementation of the space activity authorized pursuant to section 4 or make it impossible or require an amendment or a revocation of the permit pursuant to section 7.

(2) the operator has the planned or imminent due to compelling circumstances end of space activity to display immediately the Federal Minister / the Federal Minister for transport, innovation and technology. The Federal Minister / the Federal Minister for transport, innovation and technology the operator may grant injunctions in regard to a safe termination of space activity.

Revocation and amendment of approval

§ 7 (1) shall be revoked if the conditions no longer exist after article 4, paragraph 1, or terms and conditions not be respected according to § 4 para 3 approval.

(2) the permit may be amended in the cases referred to in paragraph 1 also in terms of content.

(3) in the case of the revocation of the approval, measures for the temporary continuation or safe termination of space activity may be prescribed to the operator. The operator does not fulfil these arrangements, is the control of outer space activity by decision of the Minister / the Federal Minister for transport, innovation and technology, to transfer to a different operator.

Transmission

§ 8. A change of in service provider requires the approval of the Federal Minister / the Federal Minister for transport, innovation and technology. The change of operator is approved under the conditions of section 4.

Register

§ 9 (1) the Federal Minister / the Federal Minister for transport, innovation and technology keeps a register of space objects.

(2) in this register space objects must be entered, for the Austria I of the Convention on registration of objects launched into outer space, Federal Law Gazette No. 163/1980, as a start state is considered under article.

(3) other States besides Austria as a start state, the corresponding agreement is crucial for registration in Austria pursuant to article II, paragraph 2, of the Convention on registration of objects launched into outer space.

(4) a to bearing in this register subject to space and his entire staff are subject to the jurisdiction and control of Austria during his presence in space or on a celestial body.

Registration and information

The following information to enter is § 10 (1) in the register: 1. the name of the home State or home States;

2. an appropriate designation of the space object, its registration number and its ITU name;

3. date and territory or location of launch;

4. basic parameters of the orbit, including a) turnaround time, b) inclination, c) maximum farest distance (apogee), d) minimal farest distance (perigee).

5. General function of the space object;

6. manufacturer of the space object;

7 owner and operator of the space object;

8. other information that can set the Federal Minister / the Federal Minister for transport, innovation and technology as far as this is necessary for the State of the art on the basis of international commitments or relevant resolutions of international organizations.

(2) the operator has the Federal Minister / the Federal Minister of transport, to transmit the information innovation and technology referred to in paragraph 1 immediately after the launch of the space object.

(3) as well, the operator has to submit all changes in relation to the information referred to in paragraph 1 without delay.

(4) the information referred to in paragraph 1 are Z 1 to 5 of the Minister / the Federal Minister of transport to deliver innovation and technology through the Federal / Federal Minister for European and International Affairs to the Secretary-General of the United Nations. This applies to information according to paragraph 3.

Recourse

11. (1) has replaced the Republic of Austria on the basis of international agreements the injured party damage caused by a space activity, as a right of recourse against the operator is entitled to the Federal Government.

(2) for damages which have occurred on the Earth's surface or in an aircraft in flight or on this the Rücker set claim up to the amount of the insured risk, but at least up to the minimum insurance sum referred to in § 4 para 4... This limitation does not apply if a fault the operator or its people or the operator f. has violated the provisions of §§ 3.

Authority to issue regulations

§ 12. By Decree of the Minister of the Federal Ministry of transport, innovation and technology are elaborate: 1. conditions for the authorisation pursuant to § 4 paragraph 1;

2. the documents to be in the application for approval pursuant to article 4 paragraph 2 and technical specifications;

3. compensatory fees for the procedure carried out under this federal law;

4. a lump sum as compensation for the costs of the Federal Government for verification of the reliability of the operator in accordance with article 4, paragraph 1 Z 1, which are based on the average expenses of the security authorities.

5. information that is required according to § 10 para 1 and 3 for the registration.

Supervision and authorities


Section 13 (1) operators of space activities are subject to the supervision of the Federal Minister / the Federal Minister for transport, innovation and technology in Affairs of this Federal Act.

(2) the operator is obliged to allow access to all operating rooms and equipment for the organs of the authority, as far as this is necessary for the proper exercise of supervision, to grant access to documents and information.

(3) the security authorities to contribute the background check of the operator in accordance with article 4, paragraph 1 Z 1. As far as the operator is a legal person, the background check has to refer to their authorized representatives. In the context of the review of the reliability, the security authorities are authorized to use personal information identified in the enforcement of federal or state laws relating to the person, and to submit the result of the review of Federal Minister / the Federal Minister for transport, innovation and technology.

(4) operating premises and equipment or documents for an outer space activity on a military property, located the competent Commander of the barracks before entering the military property in knowledge is to put in the case of paragraph 2. This can refuse access to important for military reasons or approve access for reasons of military security under certain conditions.

Penal provisions

§ 14. Who contravenes the provisions of this Federal Act or its regulations, commits, unless the Act constitutes not a criminal offence falling within the jurisdiction of the courts is an administrative offence and is to be punished by a fine of up to EUR 100 000. But anyone who performs an outer space activity without permission according to § 3 and § 7, is to be punished by a fine of at least EUR 20 000.

Transitional provision

§ 15. This federal law applies to space activities, which are carried out after its entry into force. The permit requirements of sections 3 to 5 by an obligation to notify the operator is replaced for outer space activities, which were given before the entry into force of the Act in order. The operator has to teach all the documents which allow the verification of the existence of the prerequisites of § 4 para 1. Article 11 shall not apply to space activities, which have been given before the entry into force of the Act in order.

Linguistic equal treatment

§ 16. As far as the designations employed in this federal law relating to natural persons, the selected form applies to both sexes. In the application of these terms to certain natural persons the respective gender-specific form is to use.

Enforcement

Section 17 (1) with the execution of this Federal Act is the Federal Minister / the Federal Minister for transport, innovation and technology.

(2) with the enforcement of § 4 para 1 No. 2 is the Federal Minister / the Federal Minister for transport, innovation and technology the agreement entrusted to the Federal Minister / the Federal Minister of the Interior.

(3) with the enforcement of § 4 para 1 No. 3 is the Federal Minister / the Federal Minister for transport, innovation and technology in agreement with the Federal Minister for European and international affairs, the Federal Minister and Minister / the Federal Minister of national defence and the sport.

(4) with the enforcement of § 4 para 4, the Federal Minister / the Federal Minister for transport, innovation and Technologieim agreement with the Federal Minister / the Federal Minister of Justice is responsible for.

(5) with the enforcement of § 11 the Federal Minister / the Federal Minister for transport, innovation and technology in agreement with the Federal Minister of finance and the Federal Minister, the Federal Minister / the Federal Minister of Justice is in charge.

(6) with the enforcement article 12 par. 3 and 4 is the Federal Minister / the Federal Minister for transport, innovation and technology the agreement entrusted to the Federal Minister / the Federal Minister of finance.

Fischer

Faymann