My Lords, under this Bill the number one priority for the regulator will be, quite rightly, to ensure the health and safety of the public and the safety of their property. There is clearly a moral case for ensuring public safety but also a compelling business case. Safe operations will be critical to the long-term sustainability of the UK spaceflight industry. There are, of course, other interests and requirements which the regulator must take into account in the exercise of its functions.
On Amendment 3, I thank the noble Lords for raising the issues of the impact on the environment and the interests of local communities in particular. These are important matters which the Government have considered in drafting the Bill. Under Clause 2(2)(e), the regulator is already required to take account of environmental objectives set by the Government when exercising its functions. Environmental objectives here mean both the policy objectives of the Government and the legislation and other forms of regulation which are used to realise those objectives. This places a
wide-ranging duty on the regulator and ensures that proper consideration of environmental matters informs the carrying out of its functions.
Under Clause 2(2)(c), the regulator likewise must take account of the interests of persons not involved in spaceflight activities in relation to the use of land, sea and airspace. This will include the interests of local communities affected by spaceport and spaceflight activities. A further protection both to local communities and the environment will be afforded by local planning processes. I stress that the Bill does not impinge upon or override local planning decisions. This will take account of the concerns raised by the noble Baroness, Lady Randerson, about emergency access to a campsite, which we discussed in one of our previous meetings. I hope she is reassured by that.
As part of the planning application process for any spaceport, whether a new site or an existing aerodrome which undergoes development, an environmental impact assessment will be needed if it is required by the EIA directive. The local planning authority will therefore already be obliged to scrutinise the environmental impact under existing planning legislation where the EIA directive applies. An EIA would also be required as part of any airspace change.
On Amendment 13, for the reasons already set out, we can be assured that this matter is sufficiently addressed. However, should we require further environmental legislation as new technologies emerge, the regulation-making powers in Clauses 10(b) and 67 give us the flexibility necessary to develop appropriately detailed measures which would supplement existing legislation.
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On Amendment 14, I thank the noble Baroness for raising the specific question of the impact of spaceports on local emergency response services. As I said earlier, I can assure her that no provision in this Bill will have a negative impact on the emergency services’ ability to operate effectively in the area surrounding a spaceport. As part of the established planning processes across the UK, local planning authorities will be responsible for granting planning permission for spaceport sites once they have carried out the necessary assessments. Local authorities are also responsible for the provision of emergency services and will take the ability to provide effective emergency services to the surrounding areas into consideration as part of the assessment of planning applications. The Bill will not take away or weaken the power of local planning authorities to decide the appropriateness of the location of the spaceport. Their decisions will take into account the impact on the surrounding area of a proposed spaceport as well as any safety and security requirements which would fall to a spaceport operator licensed under the Bill. I am confident that the Bill contains the necessary powers to ensure that spaceports put in appropriate emergency response procedures, and fire and rescue provision, and will draw on local emergency services only where necessary and with the agreement of local responders.
I turn finally to Amendments 18 and 20. As we have discussed, as part of the planning application process for a spaceport, an environmental impact assessment
will be required. The local planning authority will therefore be obliged to scrutinise the environmental impact under existing planning legislation alongside other planning considerations. As I noted earlier, Clause 2 requires the regulator to take into account any environmental objectives set by the Government, which would include any issued by the Environment Agency.
I welcome the spirit of these amendments, but requiring consultation with the relevant Environment Agency and local planning authority before deciding what conditions to attach to a licence should not be necessary and is likely to be disproportionate if required in each and every case. The Government share the concerns raised by these amendments, but I believe that we have already appropriately accounted for them in the Bill.
In answer to a question put to me by the noble Lord, Lord Rosser, an exempt person will need to comply with environmental legislation where necessary, and planning, as part of current exemption conditions. Exemption from the licence does not exempt the person from the requisite planning legislation. I hope noble Lords feel that I have addressed their questions and reassured them on the provisions in the Bill, and I therefore ask the noble Lord to withdraw his amendment.