Claire Wilson
Student at Flinders University
Piece written for topic “Outer Space Governance”
Space has captivated the minds of humans for centuries, reflected in areas of theology, science and even politics. During the Cold War, the world was first gripped by the great Space Race between the USSR and the United States, to the Moon. Since that momentous event, society turned its attention to other aspects of space. More recently, once again, the Moon has come back into the forefront, with a focus on whether lunar mining should commence. Australia has always been a player, albeit a smaller one, in space activities. However, it is undeniable that Australia is a global leader in mining technologies. With mining companies turning their attention towards mining in space, does this provide an opportunity for Australia to move towards the possibilities of space mining?
There are several complications with this idea, mainly the legal framework on space activities. Australia is a to all the five space treaties. These set up a foundation of activities in space, imposing potential limitations on mining. However, the bilateral agreement of the Artemis Accords signifies a shift in global perspectives, demonstrating a desire to exploit the celestial bodies for the benefit of life on Earth. Given Australia’s close alliance with the United States, its behaviour as a good international actor in space activities, and its prowess in mining technologies, it would be in Australia’s best interest to invest in the opportunities of celestial mining.
Australia’s Position
As of 2018 Australia’s space industry accounted for 0.8% of the global space activities. Despite this being relatively small in comparison to other States such as the United States, China or Russia, Australia has always had a key role. Australia has a prime location in the Southern Hemisphere, . Australia’s activities have only increased since then. In 2018 Australia released a Roadmap for space activities which signified the overwhelming desire to increase their space capabilities. While Australia is a comparatively small nation, it is a global leader in mining technology and companies such as Rio Tinto have begun investing in space mining capabilities. This investment has gone towards programs such as the AROSE program, which constitutes of one of two teams within Australia tasked by NASA to design the Lunar Foundation Services Rover for the “Trailblazer” mission. This mission will remotely collect lunar soil and deliver the samples to NASA’s processing facility. This is further being funded by other private companies as well as the Australian Government. Under new initiatives Australia has provided $150 million to support businesses and researchers in joining NASA’s activities towards the Moon and onwards. Australia’s initiatives indicate a desire to be a part of the potential space mining activities and aligning themselves closely with the United States.
Why Mine the Moon?
Lunar samples and imagery of the Moon’s surface indicate potential beneficial elements that could improve the quality of life on earth as well as aid in further space exploration activities. The extraction of water from deposits in the lunar south pole dominates this discourse, which has the potential to benefit future space activities through providing the basis for fuel, drinking water and oxygen. Other important elements exist, such as the potential presence of high quantities of Helium-3 on the Moon’s surface. This isotope is only found in small quantities on Earth due to the magnetic field protecting Earth’s surface from solar winds. The benefit of this resource is in its ability to create a safer form of nuclear energy in a fusion reactor since it is not radioactive and therefore produces no harmful radioactive waste. Lunar mining therefore creates a lucrative opportunity for the betterment of humankind activities on earth and in space, which drives the desire for outer space resource extraction.
Legal Constraints
Australia is signatory to the five space treaties, as well the United States-led Artemis Accords. The legal constraints which exist for lunar mining lay in the ambiguity of the hard law at governs space activities. The Outer Space Treaty of 1967 restricts claims of sovereignty in space, and decreed that the exploration and use of the moon, and other celestial bodies, shall be carried out for the benefit of all humankind. While this does not explicitly prohibit lunar mining, it does suggest a framework of potential resource exploitation, insofar that it will be limited and potentially be viewed as a global commons. The Moon Agreement of 1979 further reiterated these principles stating that lunar resources are not subject to national appropriation by claims of sovereignty. This treaty, however, failed to obtain high levels of signatories resulting in it often being viewed as a failed treaty with minimal ability to set precedence for lunar based activities. While the Artemis Accords constitutes soft law and therefore is not legally binding, it aims to establish behaviours in the areas of space activities on celestial bodies, which if continued may become governing framework. Opposition to these Accords have been echoed by nations such as China and Russia and are based off the fact that it potentially imposes United States quasi-legal rules on space activities. As of June 2024 these Accords have gained 43 signatories. While this may indicate support for United States-led lunar mining activities, China and Russia have also introduced their International Lunar Research Station, which has similar objective to the Artemis Accords. Whether these programs will contravene international law is yet to be established. Australia must therefore ensure that its activities carried out for the Artemis Accords complies with the five space treaties to avoid international scrutiny.
What Should Australia Do?
The potential for extracting lunar resources to improve life on Earth is already being explored, and it would be in Australia’s best interest to continue with these ventures. Despite being a relatively small space power in the global context, Australia dominates in the mining industry with innovative technologies and capabilities which are already being researched to identify how they can be adapted to space conditions. The investment behind the AROSE program and other joint activities demonstrate Australia’s support for celestial mining, and it is within the Nations benefit to continue these endeavours.
Australia would not be able to mine the moon on its own accord, not just due to the economic costs, but also the potential of contravening international legislation. While the Artemis Accords sets up a desire and a path forward to lunar mining, every step towards this must be considered in conjunction with the five international space treaties. Ensuring these obligations are met would be essential to avoid international sanctions and restrictions that could negatively impact the Australian economy. Australia would benefit in continuing to strengthen their relationship with the United States in the realm of space activities, as this would open more opportunities for Australia and give the nation the potential to be at the forefront of lunar and celestial mining. Australia has indicated a desire for increasing their activities in space and are already investing in mining technologies within lunar conditions. While the law is on celestial mining is currently unclear, the present trajectory of international cooperation and activities in space signify that lunar mining will be done to some degree, and therefore Australia should capitalise on these opportunities to increase its prowess in space.
Claire Wilson is a student at Flinders University completing a double degree in Laws and Legal Practice (Honours) and, International Relations and Political Science. Claire completed Flinders University’s Outer Space Governance class in 2024.