Reviewing regulations for space vehicle jettison debris in the Exclusive Economic Zone

In its ecological risk assessment,⁹ Earth Sciences New Zealand concluded that the risk to the marine environment in the authorised launch deposit area is low for up to 1,000 launches of 1 tonne rockets. This means there is likely little difference in environmental effects between 100 and 1,000 launches. Above this number, the risk becomes moderate, which is considered too high a risk to the EEZ Act’s purpose of protecting the environment. However, the report also noted that, although experts are confident in how jettison debris affects marine species, data on the marine environment are limited, and risk levels may have been underestimated or overestimated.

The options for increasing the current launch limit are described below and summarised in table 1.

^{9 Thompson D, Anderson O, Pinkerton M, Macpherson D, Steinmetz T, Faulkner L, Thomson T, Brough T, Rowden A. 2025. Ecological risk assessment of debris from space vehicle launches on the marine environment. Earth Sciences New Zealand Client report 2025291WN. Prepared for the Ministry for the Environment. Wellington: New Zealand.}

Deposition of material jettisoned from the launch of a space vehicle would remain a permitted activity for up to 1,000 launches. Based on current launch frequency (13 launches in 2024 and 12 in the year to August 2025), it may take decades to reach this limit. Once launch numbers approach that limit, a new risk assessment would likely be needed to incorporate new information about the marine environment, any changes to space vehicle technology, and the effects of space vehicle jettison debris. The requirements for deposition to be within the authorised launch deposit area and to avoid deposition on closed seamounts would remain.

This option:

• meets the EEZ Act’s purpose of protecting the environment and existing interests from pollution by regulating or prohibiting the discharge of harmful substances and the dumping or incineration of waste or other matter
• meets the Government’s objectives to position New Zealand as a global leader in space and advanced aviation, while contributing to long-term economic growth and resilience
• continues to incorporate the best available information on the marine environment into management of activities in the EEZ
• provides certainty for New Zealand space vehicle operators and their clients on operators’ ability to provide services beyond the current 100 launch limit
• meets New Zealand’s broader international obligations to protect the environment (under UNCLOS and the CBD), and to prevent, reduce and control marine pollution (under UNCLOS and the Noumea Convention).

Deposition of material jettisoned from the launch of a space vehicle would remain a permitted activity, with no limit on the number of launches. The requirement would remain for deposition to be within the authorised launch deposit area and to avoid deposition on closed seamounts.

This option:

• is unlikely to meet the EEZ Act’s purpose of protecting the environment and existing interests from pollution by regulating or prohibiting the discharge of harmful substances and the dumping or incineration of waste or other matter
• could exceed environmental limits in the future, based on ecological risk assessment results
• meets the Government’s objectives to position New Zealand as a global leader in aerospace, while contributing to long-term economic growth and resilience
• provides certainty for New Zealand space vehicle operators and their clients on operators’ ability to provide services beyond the current 100 launch limit
• is unlikely to meet New Zealand’s broader international obligations to protect the environment (under UNCLOS and the CBD) and to prevent, reduce and control marine pollution (under UNCLOS and the Noumea Convention).

Deposition of material jettisoned from the launch of a space vehicle would remain a permitted activity for up to 100 launches, the limit derived from the 2017 environmental risk assessment. The requirement would remain for deposition to be within the authorised launch deposit area and to avoid closed seamounts. Any launches over the limit would require a marine consent. Marine consent applications for a notified marine consent can cost between $180,000 and $630,000 for the EPA to determine the consent, and take up to 9 months from notification to be determined. Consents timeframes can be extended, and this would make it hard for an operator to guarantee launch dates.

This option:

• meets the EEZ Act’s purpose of protecting the environment and existing interests from pollution by regulating or prohibiting the discharge of harmful substances and the dumping or incineration of waste or other matter
• does not meet the Government’s objectives to position New Zealand as a global leader in aerospace, while contributing to long-term economic growth and resilience
• would not incorporate updated information on the marine environment into management of activities in the EEZ
• does not provide long-term certainty for New Zealand space vehicle operators and their clients on operators’ ability to provide services
• would place significant administrative and financial burdens on operators and the EPA (marine consent issuer)
• is likely to meet New Zealand’s broader international obligations to protect the environment (under UNCLOS and the CBD) and to prevent, reduce and control marine pollution (under UNCLOS and the Noumea Convention).

Table 1: Summary of options for changing the launch limit

^{Note: EEZ Act = Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.}

The current definition of a space vehicle ‘launch’ in section 4 of the Outer Space and High-altitude Activities Act 2017 includes attempted launches, which do not necessarily jettison material in the EEZ. This means launches that are not successful (eg, do not take off from the ground) are counted in the launch limit. The Government considers that, if a set limit exists, launches that do not jettison materials in the EEZ should not be counted towards that limit. This is because there would be very limited impact if there is no jettisoning of materials.

Option 1: Only count launches where jettisoning occurs

The Government proposes that only launches that jettison material in the EEZ count towards the proposed limit. This includes launches where debris is recovered from the ocean. This option would lead to more accurate management of the environmental risk from the launch of space vehicles.

Option 2: All launches count towards the limit

This option would maintain the status quo. All launches would count towards the launch limit, regardless of their environmental impact on the EEZ.

Annual limit

The ecological risk assessment concluded that, with the current state of knowledge and available data, it is not possible to set a limit based on how often launches happen. The option of using an annual limit to manage the environmental risk from jettisoned debris has therefore been excluded.

Tonnage limit

This option would have used the tonnage of deposited material rather than the number of launches to manage the environmental risk. The option was not retained because it did not account for the number of jettison events and would not have managed the effects of direct strike causing mortality (death) and noise disturbance, which increase with the number of launches rather than the amount deposited.