EXPLANATORY STATEMENT
Issued by the authority of the Assistant Minister for Regional Development and the Territories
Christmas Island Act 1958
Mining Act 1978 (WA)(CI)
Proclamation under section 16 (WA)(CI)
Christmas Island Mineral Field Proclamation 2019
Authority
Section 8G(1) of the Christmas Island Act 1958 provides that if a power is vested in (a) a Minister of Western Australia, (b) the Governor of Western Australia, or (c) the Governor-in-Council of Western Australia, by a West Australian law in force in the Territory under section 8A, the power is, in relation to the Territory, vested in the Minister instead of persons (a), (b) or (c).
Paragraph 16(1)(a) of the Mining Act 1978 (WA)(CI) provides that the Governor may, by proclamation, constitute any part of the State to be a mineral field.
The Christmas Island Mineral Field Proclamation 2019 revokes the Proclamation under section 16 (WA)(CI). This is consistent with subsection 33(3) of the Acts Interpretation Act 1901 which provides that if an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions to repeal, rescind, revoke, amend, or vary any such instrument.
Purpose and Operation
The Christmas Island Mineral Field Proclamation 2019 proclaims the Territory of Christmas Island to be a mineral field, allowing phosphate mining on Christmas Island to operate in accord with the law.
Impact and Effect
This Instrument will not have any regulatory impacts or affect regulatory costs.
Regulatory Impact Statement
The Office of Best Practice Regulation considers the Proclamation is not likely to have a significant regulatory impact. Therefore, no Regulation Impact Statement is required (OBPR ID: 24563).
Conditions to be Satisfied
The Mining Act 1978 (WA)(CI) does not specify conditions that need to be satisfied before the power to make the Instrument may be exercised.
Legislative Instrument
The Proclamation is a legislative instrument for the purposes of the Legislation Act 2003.
Commencement
The Instrument commences on the date after registration on the Federal Register of Legislative Instruments.
Consultation
The Department consulted with Phosphate Resources Limited, the sole mining entity on Christmas Island, who noted the need for the proclamation of the Territory of Christmas Island to be a mineral field, to allow phosphate mining on Christmas Island to continue.
No other consultation was undertaken as the Instrument provides a continuation of the current arrangements.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Christmas Island Act 1958
Mining Act 1978 (WA)(CI)
Christmas Island Mineral Field Proclamation 2019
This Disallowable 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 Disallowable Legislative Instrument
The Disallowable Instrument proclaims the Territory of Christmas Island to be a mineral field and repeals the Proclamation under section 16 (WA)(CI).
Human Rights Implications
This Disallowable Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Disallowable Instrument is compatible with human rights as it does not raise any human rights issues.