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Introduction
Background
Features of the Supplementary Agreement
Future direction of the Anglo-Australian Observatory
Implementation
Consultation
Funding
Signing of the supplementary agreement
Entry into force and withdrawal
Conclusion and recommendation
Introduction |
4.1 | The Supplementary Agreement between Australia and the United Kingdom of Great Britain (UK)1concerning the Anglo-Australian Optical Telescope2 (the Supplementary Agreement) will amend the existing Agreement3 (the Agreement) to provide for the: |
Background |
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4.2 | The Anglo-Australian Telescope Board (AATB) operates as the Anglo-Australian Observatory (AAO) and is an independent bi-national authority funded by both Australia and the UK. The AATB is established by the Anglo-Australian Telescope Agreement Act 1970 to manage and operate the AAT and the UK Schmidt Telescope (UKST).6 Both the AAT and the UKST are located at Siding Spring, New South Wales (NSW).7 The Siding Spring Observatory (SSO) where the AAT is situated is owned by the Australian National University (ANU) and managed by the ANU's Research School of Astronomy and Astrophysics (RSAA). The RSAA and the AAO have a long history of collaboration on scientific, technical and Siding Spring site issues.8 |
4.3 | Collaboration with the UK on the AAT has been a key element in Australia's globally competitive performance in astronomy.9 The AATB highlighted in its submission that:
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4.4 | In 2001, however, the UK advised Australia that it had other astronomy priorities and so intended to end its involvement with the AAT.11 The Committee was informed that the UK would be directing some of its astronomy assigned funding towards facilities such as the European Southern Observatory and Gemini Observatories both of which operate next generation eight-metre optical telescopes.12 |
4.5 | Instead of terminating the Agreement with Australia , the UK agreed to amend the Agreement to continue the UK's commitment to the AAT, but at a reduced level13 until the termination of both agreements. The new termination and the AAT handover arrangements will ensure long term access for Australian astronomers to a valuable scientific instrument14 in the lead up to Australia's acquisition of the AAT. |
Features of the Supplementary Agreement |
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4.6 | The Supplementary Agreement will allow:
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4.7 | The potential consequences of the Supplementary Agreement not entering into force include:
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Future direction of the Anglo-Australian Observatory |
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4.8 | The Committee was informed that the AATB and the Department of Education, Science and Training (DEST) are reviewing the AAO. The review is intended to provide the Australian Government with options for the AAO's direction up to and beyond termination of the Supplementary Agreement in 2010. The Australian astronomical community's vision for the future role of the AAO is included in 'New Horizons: A Decadal Plan for Australian Astronomy 2006-2015'.22 |
4.9 | One of the main goals under the plan is to maximise the benefit to Australia of astronomical education and research. In this respect, the AAO is expected to develop into Australia's national observatory for optical and infrared astronomy, supporting the AAT and Australia's other national optical/infrared telescope facilities.23 |
4.10 | The AATB supports the Supplementary Agreement and made the following comment in relation to the future of the AAO:
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Implementation |
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4.11 | The Anglo-Australian Telescope Agreement Act 1970 (Cth) (the Act) will be amended to include the Supplementary Agreement as a schedule to the Act, in addition to changes to the definition of agreement and the revised powers of the AATB.25 |
4.12 | The Act may also be amended or repealed in preparation for termination of the existing Agreement and transfer to sole Australian ownership of the AAT.26 |
Consultation |
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4.13 | DEST informed the Committee that it had consulted with State and Territory Governments and other primary stakeholders in relation to the Supplementary Agreement. This included consultation with the Australian and UK Governments, the AATB and the AAT Director and staff. |
4.14 | No issues were initially raised by the NSW, Western Australian or Northern Territory Governments. The NIA states that no concerns or significant issues were expressed by any other State or Territory Government.27 As the AAT is situated in NSW, DEST provided a second opportunity for the NSW Government to comment on the Supplementary Agreement. |
4.15 | During DEST's consultations, the NSW and Australian Capital Territory (ACT) Governments raised two separate issues. The NSW Government raised the issue of future funding of the AAT which is addressed later in this chapter under the section titled Funding. The ACT Government was primarily concerned that DEST had not consulted with the RSAA in relation to the Supplementary Agreement.28 |
4.16 | The ACT Government also brought the issue to the Committee's attention during the course of the review of the Supplementary Agreement. |
4.17 | In his letter of 30 May 2003, the ACT Chief Minister responded to the Minister for Education, Science and Training's initial request for comment on the Supplementary Agreement with:
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4.18 | The ACT Government again canvassed the issue on DEST's consultation with RSAA in its submission to the Committee where it stated:
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4.19 | In addition, the ACT Government contacted the RSAA for comment about the Supplementary Agreement and informed the Committee that the RSAA was supportive of the proposed treaty action:
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4.20 | At its public hearing the Committee was informed by Dr Arthur of DEST that discussions about the Supplementary Agreement had occurred with ANU:
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4.21 | The Department of Education, Science and Training in its submission to the Committee expanded further on this issue and stated:
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4.22 | In view of the comments made by Dr Arthur at the public hearing and the submission received from the ACT Government, the RSAA was invited to make a submission to the Committee. |
4.23 | In relation to the issue highlighted by the ACT Government, that is, of DEST's lack of consultation with ANU on the Supplementary Agreement, Professor Penny Sackett of the RSAA stated:
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4.24 | Professor Penny Sackett also reiterated the RSAA's support for the Supplementary Agreement:
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Funding |
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4.25 | The current level of funding provided to the AATB is A$4.112 million indexed annually, which is expected to continue. This is considerably higher than the obligatory payment of A$500 000 required under Article 11(2) of the existing Agreement as amended by Article 5 of the Supplementary Agreement.36 |
4.26 | The UK's funding to the AATB will decrease by 50 percent in 2006-07 to around A$2 million with a further 50 percent decrease in 2007-08 to around A$1 million. UK funding would remain stable thereafter until termination of the Agreement in 2010. Some additional funding may be provided through competitive grants.37 |
4.27 | Dr Evan Arthur of DEST informed the Committee of the likely success rate for winning competitive grants:
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4.28 | In its submission to the Committee, the RSAA was concerned about the impact of reduced AAO funding during the period covered by the Supplementary Agreement. Professor Penny Sackett of the RSAA recommended a review of funding for the AAO:
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4.29 | The AATB echoed RSAA's concern about the impact of reduced future funding of the AAO, but stated:
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4.30 | During DEST's consultations, the NSW Government also expressed concern about the possible impact of reduced UK funding on Local and State economies and research in NSW. The NSW Government's response suggested that the Commonwealth should commit to ease any shortfall in funding.41 |
4.31 | These concerns were addressed by the Minister for Education, Science and Training, in his correspondence to the NSW Government:
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4.32 | The Committee also received evidence that if a future government chose not to fund the AAT beyond 1 July 2010, then Australia would retain sole responsibility for funding and managing the decommissioning of the facility including the payment of staff entitlements. This would pose a financial risk of A$3 million in redundancy payments which could however, be offset by the AATB's asset base which has an estimated value of A$48 million.43 |
Signing of the supplementary agreement |
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4.33 | DEST informed the Committee that the Supplementary Agreement had not been signed prior to its tabling in Parliament and subsequent referral to the Committee. The Supplementary Agreement is expected to be signed in October 2005.44 |
4.34 | The Committee notes that while its terms of reference would not have precluded it from inquiring into the treaty, signature of the treaty indicates the Australian Government's formal intention on behalf of Australia to enter into a treaty. |
Entry into force and withdrawal |
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4.35 | The Supplementary Agreement will enter into force when the Contracting Parties exchange diplomatic notes stating that all domestic procedures for entry into force have been met. This is expected to occur in the first half of 2006.45 |
4.36 | Pursuant to Article 7, the Contracting Parties may extend, amend or supplement the Supplementary Agreement.46 |
Conclusion and recommendation |
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4.37 | The Committee acknowledges the evidence provided to it and, on balance, is satisfied that DEST undertook an adequate level of consultation with relevant treaty stakeholders and organisations within the Australian astronomy community. |
4.38 | The Committee further acknowledges that the Supplementary Agreement will provide Australia with a significant opportunity to attain sole ownership of the AAT, while continuing in the short term to benefit through collaboration in astronomy research with the UK. |
4.39 | The Committee welcomes the Supplementary Agreement and believes that the cost involved in maintaining the AAT may be offset by the great potential for scientific benefit to Australia of increased access to and control of the AAO and associated scientific instruments and facilities. |
Recommendation 3The Committee supports the SupplementaryAgreement between the Government of the Commonwealth of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland concerning the Anglo-Australian Optical Telescope, at Siding Spring, New South Wales, Australia and recommends that binding treaty action be taken. |
1 | The United Kingdom of Great Britain and Northern Ireland. Back |
2 | The full title of the proposed treaty action is the Supplementary Agreement between the Commonwealth of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland concerning the Anglo-Australian Optical Telescope, at Siding Spring, New South Wales, Australia. National Interest Analysis (NIA), para. 1. Back |
3 | The existing Agreement is titled The Agreement between the Government of the Commonwealth of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland to provide for the establishment and operation of a large optical telescope [1971], ATS 2, as amended by an Exchange of Notes [1986] ATS 4. NIA, para. 2. Back |
4 | NIA, paras 4 and 8. Back |
5 | Supplementary Agreement Article 6 (1). Back |
6 | Anglo-Australian Telescope Board, Submission 3, p. 1; Department of Education, Science and Training, Submission 9, p 1. Back |
7 | Anglo-Australian Telescope Board, Submission 3, p. 1. Back |
8 | ANU Research School of Astronomy and Astrophysics, Submission 7, p. 1. Back |
9 | NIA, para. 10. Back |
10 | Anglo-Australian Telescope Board, Submission 3, p. 1. Back |
11 | NIA, para. 7. Back |
12 | Dr Evan Arthur , Transcript of Evidence, 5 September 2005 , p. 2. Back |
13 | NIA, para. 4. Back |
14 | NIA, para. 6. Back |
15 | NIA, para. 8. Back |
16 | NIA, para. 5. Back |
17 | NIA, paras 5 and 9. Back |
18 | NIA, para. 11. Back |
19 | NIA, para. 5. Back |
20 | NIA, para. 10. Back |
21 | NIA, para. 13. Back |
22 | AATB, Submission 3, p. 2. Back |
23 | AATB, Submission 3, p. 2. Back |
24 | AATB, Submission 3, p. 2. Back |
25 | NIA, para. 21. Back |
26 | NIA, para. 22. Back |
27 | NIA, Consultation Annex, paras 1- 3. Back |
28 | NIA, Consultation Annex, ACT Government reply. Back |
29 | NIA, Consultation Annex, ACT Government reply. Back |
30 | ACT Government, Submission 4, p. 2. Back |
31 | ACT Government, Submission 4, p. 1. Back |
32 | Dr Evan Arthur, Transcript of Evidence, 5 September 2005 , p. 2. Back |
33 | Department of Education, Science and Training, Submission 9, pp. 1-2. Back |
34 | ANU Research School of Astronomy and Astrophysics, Submission 7, p. 1. Back |
35 | ANU Research School of Astronomy and Astrophysics, Submission 7, p. 1. Back |
36 | NIA, para. 23. Back |
37 | NIA, para. 24. Back |
38 | Dr Evan Arthur, Transcript of Evidence, 5 September 2005, p. 5. Back |
39 | ANU Research School of Astronomy and Astrophysics, Submission 7, p. 1. Back |
40 | AATB, Submission 3, p. 2. Back |
41 | NIA, Consultation Annex, NSW Reply in October 2004. Back |
42 | NIA, Consultation Annex, Response from Minister Nelson MP to the NSW reply. Back |
43 | NIA, para. 14. Back |
44 | Dr Evan Arthur, Transcript of Evidence, 5 September 2005, p. 5. Back |
45 | NIA, para. 3. Back |
46 | NIA, para. 27. Back |
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