Consultation outcome

Unlocking commercial spaceflight for the UK: environmental objectives for the spaceflight regulator under the Space Industry Act 2018

Updated 25 June 2021

This was published under the 2019 to 2022 Johnson Conservative government

Introduction

The Space Industry Act 2018 (the act) and regulations made under it are a critical part of the government’s commercial spaceflight programme. It aims to enable the UK to be the first country in Europe to achieve small satellite launch, generating growth for the UK’s economy and establishing the foundations for ongoing market growth and commercial sustainability by 2030. This will contribute to the government’s wider ambitions to grow the UK’s share of the global space economy from 5.1% to 10% by 2030.

Access to space and the use of space technology brings multitudes of benefits to the environment, including:

• observing weather patterns
• monitoring climate change
• natural resources management
• monitoring for harmful activities, such as illegal deforestation and animal poaching

Earth observation is essential for improving our understanding of climate change and the UK’s world-leading efforts to tackle it. Satellite measurements of Earth’s temperature, greenhouse gas emissions, atmospheric gases, sea levels, ice cover and other properties give the scientific community valuable data. It can help to analyse and predict the impacts of climate change to enable effective strategies and decisions to be made.

The UK space sector, with world-class satellite expertise, contributes to the effort to monitor and understand the environment on Earth. For example, the 2018 British-built satellite Aeolus is used to revolutionise the accuracy of weather forecasting, providing benefits to all citizens on Earth.

A consultation on draft space industry regulations to implement the act was issued on 29 July 2020 and closed on 21 October. A consultation on draft liabilities and insurance requirements and charging proposals was launched on 13 October 2020 and closed on 10 November 2020. The draft liabilities regulations will be merged with the wider space industry regulations and a government response to both consultations will be published in due course.

The introduction of commercial spaceflight in the UK will have environmental implications at the global, national, regional and local level. Spaceflight has the potential to affect climate change, local air quality and noise^{[footnote 1]} levels which can impact human health, biodiversity and the wider environment.

Spaceflight may also impact the marine environment, including impacts on marine activities and users such as ports, shipping, safe navigation and offshore infrastructure. To deliver the government’s economic, social and environmental objectives a balance will need to be struck between avoiding or minimising negative environmental impacts and maximising the contribution of spaceflight activities to the economy and the environment.

Section 2(2)(e) of the act requires the regulator to take into account any environmental objectives set by the Secretary of State when exercising its functions under the act.

The regulator’s functions include taking into account an assessment of environmental effects (AEE) (PDF, 451KB) submitted in support of either a spaceport or launch operator licence application in deciding whether to grant the licence or what conditions to be attached to the licence.

As part of their AEE, an applicant will set out how many launches they plan to carry out in a given year. This allows the potential impact on the environment to be established. While the regulator will asses this information to understand the environmental effects, the number of launches being applied for will still be determined by the applicant.

Section 11 (Grant of licences: assessment of environmental effects) of the act sets out the requirements for an AEE, and statutory guidance has been drafted to support applicants in the production of an AEE by providing advice on the form and content of an AEE. This draft is available as part of the package of regulations and guidance documents published for consultation on 29 July 2020.

We intend to appoint the Civil Aviation Authority (CAA) to undertake the regulatory functions in the act and regulations made under it.

The regulator can contribute towards delivering the government’s sustainable development and environmental aims and objectives by complementing and reinforcing the balance between sustainable development while minimising environmental harm.

To support the regulator in achieving this, we’ve drafted environmental objectives under section 2(2)(e) of the act, as well as guidance for the regulator relating to the exercise of its functions under the act. We’re keen to understand that the draft objectives we’re proposing are consistent with the government’s sustainable development and environmental aims. Additionally, that the guidance provides sufficient clarity on how the regulator should interpret its environmental duties under the act concerning these objectives, particularly in terms of their coherence with the requirements of an AEE.

Why are we consulting

This consultation seeks views on draft environmental objectives the government proposes to set for the regulator and the associated guidance on how the regulator should interpret these objectives.

To facilitate the consideration of these proposals, pre-consultation engagement has been carried out with key stakeholders. We held a plenary event with prospective spaceport and launch operators and other stakeholders on 16 October 2020. Also, officials have sought input on the draft guidance (PDF, 3.1MB) from government and non-governmental organisations and the devolved administrations.

This consultation document describes and explains what we are trying to achieve with the draft environmental objectives and sets out our main questions. All questions are then additionally set out in a catalogue at the end of this document.

Responses to this consultation will be taken into account when deciding the final objectives and guidance which may be further revised following consultation.

How to respond

The consultation closed on 24 March 2021.

Territorial extent:

The draft regulations contained in this consultation will extend to the whole of the UK – England and Wales, Scotland and Northern Ireland. Accordingly, we welcome the views of the devolved administrations.

Enquiries

Enquiries should be sent to SpaceTeam@dft.gov.uk.

Confidentiality and data protection

In this consultation, we’re asking for your name and email address, in case we need to ask you follow-up questions about your responses (you do not have to give us this personal information, but if you do, we’ll use it only to ask follow-up questions). We’re also asking if you’re responding as an individual, or as part of an organisation.

Your consultation response and the processing of personal data that it entails is necessary for the exercise of our functions as a government department. Any information you provide that allows individual people to be identified, including yourself, will be protected by data protection law and the Department for Transport (DfT) will be the controller for this information.

Please note, however, that information you provide in response to this consultation, including personal information, may be disclosed under UK legislation the Freedom of Information Act 2000, the Data Protection Act 2018 and the Environmental Information Regulations 2004.

If you want the information that you provide to be treated as confidential please tell us, but be aware that we cannot guarantee confidentiality in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not be regarded by us as a confidentiality request.

DfT’s privacy policy has more information about your rights concerning your personal data, how to complain and how to contact the Data Protection Officer.

We’ll summarise all responses and publish this summary on this consultation page. We will not use your name or other personal details that could identify you when we report the results of the consultation. Your information will be kept securely and destroyed within 12 months after the closing date. Any information provided through the online questionnaire will be moved to our internal systems within 12 months of the consultation end date.

Context and background information

Government’s environmental and sustainable policies

Spaceflight has the potential to affect climate change, local air quality, noise levels and the marine environment – which can impact human health, biodiversity and the wider environment.

Commercial spaceflight could therefore have implications for the successful delivery of the UK’s international obligations such as those enshrined in the United Nations Sustainable Development Goals (SDGs) at the global, national, regional and local level if these environmental impacts are not managed appropriately.

As well as taking account of the UK’s commitment to the SDGs^{[footnote 2]} the draft environmental objectives and guidance have taken into account the government’s broader approach to the environment and sustainability, drawing on national planning policies and frameworks, and in particular on the UK government’s 25-year environment plan which sits alongside the government’s Industrial Strategy and Clean Growth Strategy.

The 25-year environment plan sets out a new and ambitious framework for environmental governance to help the UK deliver its environmental objectives and meet its commitments under the SDGs.

The environmental objectives that we propose setting for the regulator have been chosen to facilitate the government’s overall environmental policies and to capture both the local and global impacts of spaceflight activities. The overarching objective is to avoid or minimise the environmental impact of spaceflight activities within the context of supporting a strong and sustainable UK space sector.

Regulator’s functions under the Space Industry Act 2018

Under section 2(1) of the Space Industry Act 2018, the regulator must carry out its functions to secure public safety.

In exercising its functions as the regulator of spaceflight activities, the regulator is also required by section 2(2) to take account of:

• the interests of persons carried by spacecraft or carrier aircraft
• the requirements of persons carrying out spaceflight activities
• the interests of any other persons concerning the use of land, sea and airspace
• the requirements of persons with interests in property carried by spacecraft
• any environmental objectives set by the Secretary of State
• the interests of national security
• any international obligations of the United Kingdom
• any space debris mitigation guidelines issued by an international organisation in which the government of the United Kingdom is represented

The draft environmental objectives we are consulting on have been compiled under section 2(2)(e) of the act.

These objectives should be considered within the wider context of related provisions in the act, which they supplement. In particular, section 8(2) allows the regulator to grant a licence under the act only if satisfied that this is consistent with the international obligations of the United Kingdom, which includes obligations relating to the environment and climate change.

It may also include conditions relating to the environment and climate change or conditions to secure compliance with such obligations. Under section 26, the regulator also has a responsibility to monitor spaceflight activities and associated activities to secure compliance with the UK’s international obligations. And it has a series of enforcement powers (including the power to vary or revoke a licence or issue directions to regulated persons) to ensure compliance.

Environmental objectives

Environmental objectives for spaceflight activities

In setting environmental objectives for the regulator, government has identified important aspects of the environment for the regulator to take special account of. This does not negate any of the regulator’s other environmental duties with regards to making determinations on licence applications which include an assessment of environmental effects (AEE).

Rather, they provide a focal point on those parts of the environment deemed to be most at risk from the adverse effects of spaceflight activities and therefore require additional scrutiny.

Applicants for a spaceport or launch operator licence would still be expected to consider all of the potential environmental impacts of the activities which they are seeking a licence for, and not just those associated with an objective the government has set the regulator. View the specific requirements for an AEE. (PDF, 452KB).

The draft environmental objectives on which we’re consulting have been tested and refined through engagement across government and industry, and with other stakeholders. The draft environmental objectives for spaceflight are for the regulator, in exercising its duties, to:

• minimise emissions contributing to climate change resulting from spaceflight activities^{[footnote 3]}
• protect human health and the environment from the impacts of emissions on local air quality arising from spaceflight activities
• protect people and wildlife^{[footnote 4]} from the impacts of noise from spaceflight activities
• protect the marine environment from the impacts of spaceflight activities

The diagram in Figure 1 illustrates the components of an AEE, and how the proposed objectives and AEE will work together. All the environmental topics must be addressed as part of the AEE submitted with the launch operator and spaceport licence application. The environmental topics highlighted in red illustrate the topics most vulnerable to adverse effects and, therefore, environmental objectives have been set.

Figure 1: Components of an AEE and the relationship between the AEE and the draft environmental objectives.

Questions

In answering the questions in this consultation paper, please also refer to the draft guidance (PDF, 382KB) to the regulator on the environmental objectives relating to the exercise of its functions under the act.

Q1 Overall, are the environmental impacts of spaceflight activities for which we’re setting objectives, and the associated guidance, appropriate?

Guidance to the regulator on the interpretation of the proposed environmental objectives

Coverage and clarity of the guidance

In addition to setting the regulator 4 environmental objectives, the associated guidance explains to the regulator, and the spaceflight community, the government’s environmental objectives for the spaceflight sector, how these fit with government’s overarching environmental policies and how the regulator should interpret these objectives when assessing launch operator and spaceport licence applications.

How we propose that the regulator will interpret the objective on minimising emissions contributing to climate change

Spaceflight activities have the potential to contribute to accelerating climate change. Due to the relatively low volume of activity (compared to aviation, for example), the impacts from the spaceflight sector could be described as low in comparison to other industries, particularly in the early years as UK industry is established. Nevertheless, these impacts could become more significant as the sector matures.

The UK government is committed to tackling climate change and recognises the role spaceflight activities can play in mitigating those impacts by managing their contributions. Setting this objective contributes to the government achieving its objectives around reducing carbon and greenhouse gas emissions. And it’s consistent with the government’s domestic and international obligations with regards to climate change. The specific guidance proposed for the regulator in this regard is:

• ensuring that the emissions associated with spaceflight activities remain within the legally binding UK carbon budgets and that the emissions remain within these limits
• taking into account the mitigations proposed by the applicant to limit the effects of emissions contributing to climate change from spaceflight activities
• encouraging the UK spaceflight sector to adopt cleaner fuels and technologies which will minimise the contribution of this sector to climate change and ozone depletion: care should be taken to ensure that where cleaner fuels or technologies are adopted, they do not introduce their own significant environmental effects – comparison of effects might need to be considered to establish which is the most appropriate to introduce
• balancing its regulatory functions to ensure that spaceflight activities do not unduly impact on the efficient use of airspace which could result in increased pollutant emissions produced by air navigation: all reasonable steps should be taken to ensure these impacts are minimised
• ensuring the contributions of ancillary services (such as carrier aircraft, transit, or on-site energy sources and vehicle movements) are considered as part of the impact of spaceflight activities on greenhouse emissions provided by the applicant as part of its AEE

Questions

Q2 Is it clear from the guidance how the regulator should interpret the government’s objective on minimising emissions contributing to climate change?

Q3 Do you have any comments on the specific guidance provided to the regulator on the objective related to minimising emissions contributing to climate change? Please provide details.

How we propose that the regulator will interpret the objective on air quality

The UK government recognises the importance of improved air quality for the protection of human health and the environment, as well as the impacts spaceflight activity could have on local air quality. An objective has therefore been set around ensuring that spaceflight activities do not adversely impact on local air quality and that the regulator should:

• consider whether the proposed activities are compliant with the relevant statutory air quality limits and national objectives for pollutants
• ensure that air quality considerations take into account relevant obligations relating to the conservation of nationally and internationally important habitats and species: consideration should be made to whether the pollutant emissions from the spaceflight activities are compliant with the relevant environmental standards for habitats under the Air Quality Standards Regulations^{[footnote 5]}
• ensure that any air quality assessment provided by applicants also considers ground operations and ancillary services when assessing the levels of pollutant emissions arising from spaceflight activities

Questions

Q4 Is it clear from the guidance how the regulator should interpret the government’s objective on air quality?

Q5 Do you have any comments on the specific guidance provided to the regulator on the objective related to air quality? Please provide details.

How we propose that the regulator will interpret the objective on noise impacts

Significant noise events are an inherent aspect of launch and spaceflight activities. Both vertical and horizontal launch have the potential to create significant noise events as they take off and pass overhead, which could impact both human and wildlife, including domesticated animals and livestock. Noise is challenging to constrain due to the abundance of sources which could contribute in the context of spaceflight activities.

The regulator can, however:

• when considering an assessment provided of the impacts of noise from launch operations, as part of an AEE, ensure that the necessary measurements have been made by the applicant and their significance assessed against accepted standards
• ensure that any noise assessment provided takes into account the impacts of long-term exposure to repeated noise events over time for people and wildlife
• where a night-time launch is proposed, ensure that the applicant has assessed the risks to sleep disturbance in the vicinity around the launch where relevant and what methods will be used to avoid or minimise these impacts
• ensure that any noise assessment provided by the licence applicant in its AEE clearly identifies the sources of noise and establishes what levels of noise have no observed effect, which have low observed adverse effects, and which have significant observed adverse effects
• ensure that the impacts of sonic boom from the launch vehicles and any stage return operations are taken into account in any noise assessment provided
• when considering an assessment of the impacts of sonic boom, ensure that a range of noise metrics have been assessed in addition to A-weighted measurements
• ensure that horizontal launch operator licensees adhere to the requirements set out for aerodromes, including the Air Navigation Guidance 2017 and take into account any additional noise considerations associated with horizontal launches or return operations, including sonic booms, in any noise assessment provided
• ensure that all reasonable steps have been taken by launch and spaceport operators to mitigate and minimise adverse effects of noise events on human health and sensitive wildlife

Questions

Q6 Is it clear from the guidance how the regulator should interpret the government’s objective on noise?

Q7 Do you have any comments on the specific guidance provided to the regulator on the objective related to noise? Please provide details.

How we propose that the regulator will interpret objectives on the marine environment

Spaceflight activities have the potential to have impacts on the marine environment, primarily through the stages of a launch vehicle being jettisoned into national and/or international waters, through the development of spaceports in coastal areas and launch activities. This could adversely affect a variety of aspects of the marine environment including:

• water quality
• biodiversity
• marine activities
• users

Due to the transboundary nature of spaceflight activities, impacts may extend beyond UK waters. The objective we propose setting the regulator is consistent with both the government’s domestic and international obligations with regards to the marine environment.

To meet our proposed marine environment objective, we propose that the regulator should:

• ensure that any marine assessment takes into account the marine plan associated with the location of the proposed activities and that the assessment demonstrates how the proposals are in line with these: where there is no identified marine plan the assessment should take into account of and demonstrate how proposals are in line with the Marine Policy Statement (MPS) and the regulator should consider the relevant marine plan or MPS (where there is no marine plan in place) when making decisions about the proposed activities that could affect the marine environment
• ensure that any marine environmental assessment takes into account the international obligations associated with the location of the proposed activities and that the assessment demonstrates how the proposals are in line with this
• ensure that any marine environment assessment provided by the licence applicant considers the likely effects of jettisoned objects reaching the marine environment
• take account of the location of any proposed marine drop zones and the time of year they will be used when considering an AEE submitted with a launch operator licence application
• where spaceports are located in coastal areas, ensure any marine environment assessment provided considers the likely effects of spaceflight activities in the proposed location, as well as proposals to mitigate these impacts
• ensure that any marine environment assessment submitted as part of the AEE takes into consideration the likely direct and indirect effects of launch activities and flight paths over the marine environment and proposals to mitigate these impacts

Questions

Q8 Is it clear from the guidance how the regulator should interpret the government’s objective on the marine environment?

Q9 Do you have any comments on the specific guidance provided to the regulator on the objective related to the marine environment? Please provide details.

What will happen next

A summary of responses, including the next steps, will be published within three months of the consultation closing.

Paper copies will be available on request. If you have questions about his consultation, please contact SpaceTeam@dft.gov.uk.

Annex A: impact assessment

We have not produced a separate impact assessment for this guidance. However, the consultation-stage impact assessment (PDF, 4.6MB) for the Space Industry Act Regulations and supporting guidance cover the impacts of the guidance on the assessment of environmental effects.

Annex B: full list of consultation questions

Question 1

Overall, are the environmental impacts of spaceflight activities for which we are setting objectives, and the associated guidance, appropriate?

Question 2

Is it clear from the guidance how the regulator should interpret the Government’s objective on minimising emissions contributing to climate change?

Question 3

Do you have any comments on the specific guidance provided to the regulator on the objective related to minimising emissions contributing to climate change? Please provide details.

Question 4

Is it clear from the guidance how the regulator should interpret the Government’s objective on air quality?

Question 5

Do you have any comments on the specific guidance provided to the regulator on the objective related to air quality? Please provide details.

Question 6

Is it clear from the guidance how the regulator should interpret the Government’s objective on noise?

Question 7

Do you have any comments on the specific guidance provided to the regulator on the objective related to noise? Please provide details.

Question 8

Is it clear from the guidance how the regulator should interpret the Government’s objective on the marine environment?

Question 9

Do you have any comments on the specific guidance provided to the regulator on the objective related to the marine environment? Please provide details.

Annex C: consultation principles

The consultation is being conducted in line with the government’s key consultation principles.

If you have any comments about the consultation process please contact:

Consultation Coordinator
Department for Transport
Zone 1/29 Great Minster House
London SW1P 4DR

consultation@dft.gsi.gov.uk

1. The effects of vibration arising from proposed spaceflight activities is required to be addressed as part of a spaceport or launch operator assessment of environmental effects submitted with the licence application. ↩

2. Agenda 2030: Delivering the Global Goals. ↩

3. The UK’s contribution to global emissions through spaceflight activities and considering emissions from the full journey (even once it has left UK airspace/boundaries). ↩

4. The impacts on domesticated animals and livestock should be considered alongside wildlife. ↩

5. The Air Quality Standards Regulations 2010; The Air Quality Standards (Scotland) Regulations 2010; The Air Quality Standards Regulations (Northern Ireland) 2010; The Air Quality Standards (Wales) Regulations 2010. ↩