The UK’s space industry has experienced exceptional growth in recent years following the implementation of the Space Industry Act 2018. This has prompted the UK Space Agency to undertake a consultation to consider the important policy questions that will dictate how the space industry grows over the next decade.

In a two-part article ahead of the government’s response to the consultation expected in 2025, trainee solicitor Gemma Laing and senior paralegal Zeenat Hasham consider some of the proposals set out in the consultation. They also highlight the importance of these proposals balancing sustainability and commercial viability to help the UK space industry continue its exceptional growth. Read part one here.

 

Longer-term UK leadership on space sustainability

One of the other proposals included in the consultation is a plan to develop a ‘UK Space ‘Sustainability Roadmap to 2050’ in order to reach a space sustainability goal by 2050. The UK Space Agency sought views to help determine and develop the roadmap. It was noted that international cooperation from international bodies such as the UN Committee on the Peaceful Uses of Outer Space and the European Space Agency would be needed.

The UK government welcomed thoughts on actions to be taken on climate change or other sustainability initiatives to be considered in the roadmap. Likewise, they sought views on the appropriateness and viability of setting targets for removing existing UK debris to demonstrate leadership on sustainability, assess the potential benefits for the space environment and stimulate demand for Alternative Dispute Resolution services. A key focus of the longer-term sustainability initiative is to adopt an overarching concept to share current and future thinking. At the 6th Summit for Space Sustainability, there were further talks about progressing with international collaboration, including the partnership models, benefits, and sustainability challenges presented by space exploration activities.

 

Establishing a UK Space sustainability concept

Linked to this is the proposal to adopt an overarching space sustainability concept. The UK government aims to develop a UK-specific approach to space sustainability to potentially cover aspects such as reducing the impact of space activities on the earth’s environment, orbital, lunar and cis-lunar environments and other planets and solar system bodies. While space sustainability has various aspects, one key issue is to tackle debris creation. In an attempt to deal with this specifically, the UK government aims to develop a comprehensive approach to address debris associated with future UK-licensed missions and potentially consider further actions to address debris created by the UK through its space activities, such as the removal of defunct satellites.

Interestingly, in Dr Bate’s discussion at the 6th Summit for Space Sustainability, he talked about the UK Space Agency’s role in boosting productivity and prosperity, as well as understanding the universe, our planet and space. He explained that while sustainability is important for boosting prosperity with commercial actors, it is essential to consider sustainability itself.

He added that the UK is seeking to be active, collaborative thought leaders in space, whether through working with the SSA (Space Situational Awareness) or the ESA (European Space Agency). Richard DalBello also expressed that the totality of human impact on space and celestial bodies should be the focus for sustainability and not just counting debris alone. There were talks about making progress internally by sharing data and systems globally.

 

Balancing sustainability and commercial viability

While there are obvious benefits to prioritising space sustainability, it is important that we get the right balance between sustainability and commercial viability if the UK is to continue to be competitive in the space industry. This is particularly important given the shift from government-funded to privately-funded space operations in the UK.

Much of this has to do with encouraging collaboration between different stakeholders. In March this year, Andrew Griffith, the then Minister of State of the Department for Science, Innovation and Technology, announced the UK’s new Space Industrial Plan (“SIP”). This is a collaborative civil defence initiative to strengthen the relationship between the UK government and the commercial space industry in the UK. The SIP also provides a clear strategy to promote growth alongside developing resilient and sustainable space practices to help ensure the space sustainability sector maintains commercial viability.

This point about balancing sustainability with commercial viability was emphasised by various panel members at the Royal Aeronautical Society (“RAeS”) ‘Space Law Leaders on the Legal Challenges of Tomorrow seminar on 22 April. The seminar aimed to contribute to shaping the future of the space industry by considering the legal, operational and regulatory challenges and opportunities the sector will face.

Mitch Hunter-Scullion, the CEO and Founder of Asteroid Mining Company, highlighted that while sustainability is important, it should not be at the expense of commercial viability. The regulation in this area is still in its infancy, so it is unclear whether mandatory sustainability requirements will have the proposed effect. For example, Sarah Banco, Senior Director at Space X, explained that one of their products did not meet the UK’s high sustainability requirements, which impacted UK customers. Does this mean mandatory sustainability requirements could act as a barrier to UK companies trying to work in the space sector in the future? This will become clearer with time, but regulators must keep this in mind when assessing the risk versus reward of implementing certain regulations.

Akiko Hama, Client Executive of Global Aerospace, which specialises in space insurance, echoed this point from an insurance perspective. She commented that while space sustainability is important because we are so reliant on space operations from a finance and insurance perspective, sustainability requirements will continue to be scrutinised. If it becomes difficult for private companies to finance and insure space missions in the UK, this will undoubtedly impact the viability of such operations, and the market will move elsewhere.

 

The future

The UK’s expertise in satellite manufacturing and space technology is already esteemed in the global field, so it is well-positioned to develop into one of the world-leading countries in the space industry. To continue its exceptional growth and continue to thrive, regulators will need to get the right balance between sustainability and commercial viability so that we can collaborate with private organisations in other leading countries in the sector, such as India, Australia and the US.

Ultimately, sustainability is an international issue, and space cannot be regulated by state borders. Space debris is rarely geostationary; it flies and mingles around the earth, causing damage to existing space hardware indiscriminately. Addressing sustainability requires international collaboration and action.

The proposals set out in the UK Space Agency’s consultation are a step in the right direction. It will be interesting to see the outcome of the consultation in the new year and its impact on the UK’s space sector over the next decade. It will also be interesting to see the extent to which the UK is able to lead the global movement on better space sustainability.

 


 

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