A case for modern space law and regulation in the city-state

Singapore’s space industry made the cover of The Business Times on 28 September 2019. “To infinity and beyond” read the headline, alongside a photoshopped-image of a Singaporean flag planted on the Moon.

But despite this grand image — and having 13 satellites in orbit — Singapore has neither a national space law nor a national space agency. So what are Singapore’s current space-related laws? Does Singapore need a Space Act? And what would it cover?

The state of play

References in Singapore’s statute book to space activities are few and far between and relate primarily to satellites. In particular, under the Telecommunications (Radio-Communication) Regulation, Singapore currently issues four classes of “Satellite Communication Station Licence”.

But these licences do not cover satellite operations in space. Rather, one of these licences is required if, for example, a tracking, telemetry and command station is to be operated from Singapore.

The means to apply for orbital positions — the “Satellite Orbital Slot Licence “— is set out in section 5B of the Telecommunications Act. In addition, the Strategic Goods (Control) Order 2019 subjects spacecraft to export and transhipment control, and the Insurance (Approved Marine, Aviation and Transit Insurers) Regulations require non-Singaporean entities to obtain approval from the Monetary Authority of Singapore if providing insurance in respect of space launches.

But there is nothing in Singapore law that governs, for example, launches or launch facilities, on-orbit operations or satellite transfers — that is, there is no comprehensive national space law.

Does Singapore need a Space Act?

Dedicated legislation is not a prerequisite to having a space industry — as Singapore’s vibrant space industry demonstrates.

But there are a few reasons why Singapore should move toward implementing a comprehensive national space law.

First, a national space law enables states to readily fulfil their obligations under international space law. Since the late 1960s, the United Nations has adopted five multilateral treaties that form the foundations of international space law. Together, these treaties establish the rules of the road for space and space-related activities. Of these, Singapore has ratified three (the Outer Space Treaty, the Rescue Agreement and the Liability Convention) and signed but not ratified a fourth (the Registration Convention). Implementing a national space law with licensing, inspection and liability provisions is the method by which space-faring states meet the obligations imposed under these international agreements.
Second, a national space law helps states achieve consistency and predictability concerning their space activities, while also fostering private sector engagement. In particular, planning and project management for private space activities becomes much easier once everyone knows what the rules are and which government department is regulating their activities.
Third, a national space law can improve national coordination and integration for space activities. Besides providing a focal point for national space activities, the drafting, consultation and enactment process for a national space law could also spur awareness and interest across government and among the public.

What should a Singaporean Space Act cover?

Imagine Singapore does decide to enact a national space law. What should this law cover? Fortunately, there is plentiful international guidance available on this very question. In short, a national space law should:

Have a clear scope of application (that is, what activities, places and persons that it applies to)
Create a regulatory regime for the authorisation of private space activities (such as a licensing regime), and provide the means for the continuing supervision of these activities (such as inspections)
Establish a national registry of space objects
Allocate liability and insurance obligations
Articulate safety and environmental protection standards (including with respect to space debris)
Implement a regime for on-orbit ownership transfer of space objects

In addition to international guidance, there are also regional examples to choose from. In particular, Australia recently revamped its national space law (as Donna Lawler has recently written about for Moonshot).

Australia’s Space (Launches and Returns) Act 2018 is a detailed piece of legislation, covering everything from sounding rocket launches through to airborne launch facilities and the return of spacecraft from orbit.

A contrasting regional example is the Hong Kong Special Administrative Region’s Outer Space Ordinance. This more minimalistic legislation sets out a regime for licensing, registering and supervising outer space activities, but without addressing specific issues such as launch facilities or spacecraft return (given Hong Kong’s limited geographic area, these omissions have not impeded Hong Kong’s space activities).

But regardless of the exact approach taken, a national space law should be a key pillar of Singapore’s space strategy as it looks to expand and deepen its national space industry.

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