EXPLANATORY STATEMENT
Issued by the authority of the Administrator of the Territory of Christmas Island
Christmas Island Marine Traffic and Harbour Facilities Determination 2015
Authority
The Administrator of the Territory of Christmas Island has made this Determination in accordance with the power granted to him under section 4 of the Utilities and Services Ordinance 1996 (CI).
This Determination is a legislative instrument for the purpose of the Legislative Instruments Act 2003.
Purpose and Operation
The purpose of this Determination is to set out the Port charges and conditions for cargo movement at the Christmas Island Port.
This Determination is re-making the Marine Traffic and Harbour Facilities Determination No. 1 of 2003 (the 2003 Determination) that sunset on 1 October 2015, thereby ensuring the continued effective operations of the Christmas Island Port.
Impact on Port users
The Determination does not create any additional regulatory impacts for Port users.
The Determination makes minor amendments to the Conditions set out in the
2003 Determination.
The 2003 Determination sets a ten day period in which cargo must be removed from the wharf following delivery or reception on the wharf prior to shipping.
During consultation with the Christmas Island Harbour Master it was noted that increased Port activities have caused difficulties in managing the transit of cargo through the Port due to the ten day period and physical limitations of the Port area.
This Determination will address this issue by allowing the Christmas Island Harbour Master to extend the time in which cargo must be removed from the wharf following delivery or reception on the wharf, beyond ten days from time-to-time. The Christmas Island Harbour Master must provide at least 14 days’ notice of any such variation through a public Community Bulletin.
Consultation
The Department of Infrastructure and Regional Development consulted with the Administrator of the Territory of Christmas Island, the Christmas Island Port operations contractor, Patrick Stevedoring Pty Ltd, and the Office of Best Practice Regulation within the Department of Prime Minister and Cabinet.
Further consultation was not considered necessary as this Determination maintains existing Port charges and only makes minor amendments to Port conditions to those set in the 2003 Determination.
Basis for Determining Charges
The Government’s objective is to align, as far as practical, conditions and standards in the Indian Ocean Territories, which includes Christmas Island, with those in comparable communities in the rest of Australia. Reliable transport services are vital to the viability of the Indian Ocean Territories communities. The cost and effectiveness of transport services are major factors in business activity in the Indian Ocean Territories. Shipping is the major freight link to the Territories with food, consumer goods, fuel, plant and machinery all being freighted to Christmas Island.
A review was undertaken in the 2014/2015 financial year and compared existing Christmas Island Port fees and charges to comparable fees and charges payable in Western Australian ports. The ports compared were:
- Port of Port Hedland
- Port of Karratha
- Port of Dampier
- Port of Albany; and the
- Port of Esperance.
The review concluded that Christmas Island Port fees and charges were comparable to the Western Australian ports outlined above.
Wharfage
Wharfage is charged out against a vessel depending on the commodity.
Inwards Cargo:-
Containerised cargo is charged out by unit per TEU*/FEU**
Break bulk cargo is charged out by metric tonne or revenue tonne; whichever is the greater
Bulk fuel is charged out by kilolitre
* TEU = 20’ Equivalent Unit ** FEU = 40’ Equivalent Unit
Outwards Cargo:-
Bagged phosphate is charged out by metric tonne
Containerised cargo is charged out by unit per TEU/FEU
Empty containers are charged out by unit per TEU/FEU
Bunkering is charged out by kilolitre
Mooring
Mooring relates to mooring fees levied against private vessels moored at Australian Government-owned yacht moorings off the island.
Berth Hire
The berth hire is the hourly levy charged against a moored vessel from the period between the attachment of the first mooring line and the commencement of unmooring.
Port Dues
The Port dues are levies charged against each vessel based on the vessel's Gross Tonnage.
Equipment Hire
Hire charges are levied against stevedoring and standby mooring licence holders for operations in support of commercial shipping activities. Charges are based on hourly usage by engine hour.
Statement of Compatibility with Human Rights
Prepared in Accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Christmas Island Marine Traffic and Harbour Facilities Determination (No. 1) 2015
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The purpose of this Determination is to set out the Port charges and the conditions for cargo movement on the Christmas Island Port.
Human Rights Implications
This Determination does not engage any human rights, and it is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Barry Wayne Haase, Administrator of Christmas Island