Chapter 7 Exchange of Notes constituting an Agreement to extend the
Agreement between the Government of Australia and the Government of the United
States of America concerning the Conduct of Scientific Balloon Flights for
Civil Research Purposes of 16 February 2006
Introduction
7.1
On 24 November 2011, the Exchange of Notes constituting an Agreement
to extend the Agreement between the Government of Australia and the Government
of the United States of America concerning the Conduct of Scientific Balloon
Flights for Civil Research Purposes of 16 February 2006 was tabled in the
Commonwealth Parliament.
7.2
This treaty action extends the 2006 Agreement, which provides NASA the
use of facilities and services for balloon launchings and recoveries in
Australian territory, tracking and telemetering of information from each
balloon, and the recording and sharing of information from these flights.[1]
Background
7.3
The 50th anniversary of treaty-level cooperation between the
United States (US) and Australia in civil space vehicle tracking was celebrated
in 2010. Operational-level cooperation with the US on space-related activities
began in 1957 with the establishment of facilities at Woomera in South
Australia, to track US satellites. This was broadened to include additional scientific
facilities set up by the US National Aeronautics and Space Administration
(NASA) in 1960.[2]
7.4
Since then, the civil space relationship between Australia and the US
has been the subject of a succession of agreements and exchanges of notes
between the two countries. Under these instruments, NASA has spent in excess
of $740 million on space-related activities in Australia since 1960.
7.5
The Agreement being considered here is the Exchange of Notes
constituting an Agreement to extend the Agreement between the Government of
Australia and the Government of the United States of America concerning the
Conduct of Scientific Balloon Flights for Civil Research Purposes of 16
February 2006 (the Exchange of Notes).
7.6
Australia first entered into an agreement with the Government of the
United States regarding the conduct of scientific ballooning activities in
Australia in 1984. In 1985, a further agreement was concluded that related to
the launching of long duration balloon flights beyond Australia. In 1992 these
two agreements were merged and renewed for a further ten years. Following the
expiry of the 1992 Agreement in 2002, a new and updated agreement was concluded
in 2006 at the request of the US Government (the ‘2006 Agreement’).[3]
Reasons for Australia to take the proposed treaty action
7.7
Australia has derived significant scientific and economic benefits from
activities conducted under the 2006 Agreement, especially through encouraging
collaboration between Australian and NASA scientists.
7.8
Extending the 2006 Agreement would allow NASA to conduct scientific
balloon launchings and recoveries in Australia and to continue the productive
fifty-four year cooperation in space-related activities between the two
countries.[4]
7.9
Over the last three decades, NASA has conducted many ballooning operations
from the Alice Springs Ballooning Facility, allowing Australian scientists to
be involved in, and take advantage of, these flights. Individual ballooning operations
have included the launch of up to six different scientific experimental
payloads requiring six different scientific teams to base themselves in Alice
Springs, sometimes for up to four months. The teams’ experiments study matters
as exotic as black holes and quasars, to more familiar atmospheric and
environmental science.
7.10
Australia’s geographical position offers a unique perspective to the
galaxy and our contribution should not be underestimated.
The centre of our galaxy can be seen virtually overhead from
the latitudes of Alice Springs, rather than from the Antarctic, and you cannot
see it from the Northern Hemisphere. So, if you want to do high-energy
astrophysics, which is looking at the physics of black holes, neutron stars and
so on, this is the place to do it from, which is why there is such a great
interest in Australia.[5]
7.11
The Australian scientific community is highly supportive of continued
participation in NASA’s balloon program.[6] Australian scientists
have also flown their own experiments or have been collaborators with other
scientists. Extending the Agreement would enable Australian scientists to
continue this research and will further ensure that Australia remains entitled
to receive data from these experiments.
7.12
Furthermore, new projects are being considered, and Australia is being
approached to contribute.
Quite independent of the program from Alice Springs, NASA
recently approached me to do a feasibility study on a project called the
Supersonic Inflatable Aerodynamic Decelerator, or SIAD. This is a module that
they are developing to carry probes to different planets in our solar
system—not just Mars or Venus; this is a general unit that they are developing
to land their interplanetary probes on different planets. They want to carry
out these tests in Woomera or Maralinga about the end of next year. [7]
7.13
The scientists involved in each balloon campaign are supported by a NASA
launch team, which in turn receives local support from the the University of
New South Wales’ Australian Defence Force Academy and the Commonwealth
Scientific and Industrial Research Organisation (CSIRO), which is responsible
for managing NASA’s deep space tracking and scientific ballooning activities.
The direct economic benefits to Australia of this activity are estimated by
CSIRO to contribute $5 million to the domestic economy for each balloon
flight. [8] Some of this money flows
through to local communities:
The last two balloon campaigns that we had in Alice Springs
were NASA campaigns. They would have spent approximately $5 million in
Australia during those two campaigns. That is a direct benefit to Australia. A
lot of that benefit is to the remote communities up in Central Australia...
As far as the remote communities outside Alice Springs are
concerned, their involvement usually happens when we go and pick up an
instrument. We have to get approval from the Central Land Council, or whoever
is responsible for a particular community, so that we can actually enter that
area to recover our payload. We have to go through a formal agreement with
them. What we find is that every time we have to do that the support that we
have from the remote communities is absolutely fantastic...
Obviously, we give them the money to dispose of the balloon
and so on and pay for their services. But generally they are very happy to
support what we are doing. [9]
7.14
In addition to the scientific and economic benefits gained from
continued cooperation, the 2006 Agreement’s extension would also confirm on a
political level our strong commitment to research on space and scientific
matters with the US.[10]
The proposed extension
7.15
The proposed extension provides for the continuation of the 2006
Agreement until 12 June 2022. The proposed extension will continue
Australia’s long-standing relationship with NASA, and provides for cooperation
in scientific balloon flights for the next ten years, extending the period of
cooperation well into its fourth decade.[11]
Obligations
7.16
The proposed extension would allow the 2006 Agreement to run until
12 June 2022. Existing arrangements for the exchange of technical data, facilitation
of the entry into and exit from Australia of US personnel, and the duty-free
import of personal and household effects of US personnel will remain
unchanged. The taxation of US personnel continues to be governed by the Convention
between the Government of Australia and the Government of the United States of
America for the Avoidance of Double Taxation and the Prevention of Fiscal
Evasion with Respect to Taxes on Income.[12]
7.17
The 2006 Agreement explicitly provides for further (non-treaty)
arrangements between NASA and CSIRO, as the cooperating agencies, in respect of
the establishment and operation of scientific balloon activities (Article 1).
These arrangements encompass funding procedures, liabilities, the provision of
services for balloon launchings and recoveries in Australian territory,
tracking and telemetering of information from each balloon and the recording
and sharing of information.
7.18
NASA is currently entitled to an exemption from duties, taxes and like
charges, including Goods and Services Tax (GST), which will also be extended.[13]
Implementation
7.19
No changes are required to existing legislation to implement the
proposed extension.[14]
Costs
7.20
No additional costs are anticipated as a consequence of this treaty
action. NASA funds the total cost of the establishment, operation and
maintenance of the balloon launching facilities in Australia through its
contractual arrangements with CSIRO.
7.21
NASA is also responsible for remediation work in relation to its
facilities. Any additional activities or the set-up of new facilities under
the proposed extension would not impose any additional costs on the Australian
Government or the respective State and Territory Governments.[15]
The April 2010 balloon launch accident
7.22
In April 2010, a NASA balloon became involved in an accident at launch,
and the Committee was very interested to hear what measures had been put in
place to ensure such an incident wasn’t repeated.
7.23
In summary, the balloon was set to carry a gamma-ray telescope designed
to look for distant galaxies from high in Earth's upper atmosphere. The
balloon broke free from the crane holding it during the launch. The balloon’s
payload was dragged by the balloon through the airport fence and into an
unoccupied vehicle that was owned by a spectator. No-one was injured or killed
but this appears to have been essentially the result of good fortune.
7.24
The NASA investigation of the incident[16] listed twenty-five causes,
including insufficient risk analysis, government oversight and public safety shortfalls.
In response to the Committee’s inquiries at the public hearing, the following
issues were identified:
There were three reasons why the launch failed. The first was
the launch mechanism, which has now been redesigned. The second reason was the
uneven surface of the launch area. The launch track automatically shut down the
traction on three of the four axles. That is computer controlled. That has been
addressed now. The uneven surface area at Alice Springs Airport is now
earmarked to be developed and made more suitable for balloon launches. The
third reason why the fight failed was low-level winds which suddenly came up.
That is something we cannot do much about. In order to further improve public
safety, when a launch takes place at Alice Springs the Northern Territory
Police now put roadblocks onto the main approach route and there is no public
traffic in the area at all. [17]
7.25
It was also noted by the Committee that in the course of the
investigation, NASA's Mishap Investigation Board concluded that there were
surprisingly few documented procedures for balloon launches. The Committee was
assured that:
Procedures have [now] been put in place and they are all
documented. In addition to the documentation and the following of procedures,
NASA send out two safety officers who oversee different aspects of their
balloon flights.[18]
7.26
Finally, there was a question of government oversight of the balloon
launches. In response to Committee questioning Australian officials assured
the committee that Australian government agencies had acted properly.
[The Civil Aviation Safety Authority] CASA is not only
consulted... but actually issues an instrument to permit those fights to take
place. The flights only take place after CASA has issued its permit and
Airservices Australia has also issued its permit. The flights take place with
complete real time communication with air traffic control as well. So the
flight cannot be launched without proper documented procedures being
undertaken...
That might have been on the part of the United States
government but certainly not on the part of our government. In fact, our
agreement with NASA clearly stipulates that Australian interests will be
represented by the presence of one of our representatives, who is in charge of
the balloon flight. NASA is not in charge of the balloon flight. [19]
7.27
Subsequent evidence supplied to the Committee provided an overview of
the thorough procedures followed by the University of New South Wales’ Balloon
Launching Station at Alice Springs.[20]
Conclusion
7.28
Notwithstanding the events of April 2010, the agreement facilitating
scientific balloon launches by NASA in Australia is of positive benefit to
Australia. The economic, scientific and political benefits certainly justify
continuing this relationship.
7.29
The Committee is, of course, concerned about the April 2010 accident.
Balloon launches are essentially a risky activity and are facilitated by this
agreement. We need to be certain that the lessons of the 2010 incident have
been learnt if the launches are to continue in the future. From the evidence
presented it appears that appropriate corrective procedures have been put into
place. Nonetheless, the agencies involved must remain vigilant against the
complacency that was identified as one of the causes of the accident.
7.30
Given the longevity and overall success of the program – some 100
launches have been concluded successfully[21] – and the benefits it
brings, the Committee believes the agreement should be renewed.
Recommendation 9 |
|
The Committee supports the Exchange of Notes constituting
an Agreement to extend the Agreement between the Government of Australia and
the Government of the United States of America concerning the Conduct of
Scientific Balloon Flights for Civil Research Purposes of 16 February 2006 and
recommends that binding treaty action be taken. |
Kelvin Thomson MP
Chair