Christmas Island Mineral Field Proclamation 2019

Overview

The Christmas Island Mineral Field Proclamation 2019, issued under the authority of the Assistant Minister for Regional Development and the Territories, is a legislative instrument that aims to address the need for continued regulation of mining activities on Christmas Island, specifically concerning phosphate mining. The enactment of this Proclamation is grounded in the Christmas Island Act 1958 and the Mining Act 1978 (WA)(CI), which together facilitate the transfer of certain powers from Western Australian authorities to the Minister in relation to the Territory. This legislative move ensures that phosphate mining on Christmas Island aligns with existing laws, thereby maintaining operational continuity. The Proclamation revokes the previous proclamation under section 16 (WA)(CI) and is consistent with the Acts Interpretation Act 1901, which allows for the repeal of legislative instruments. There are no regulatory impacts or costs associated with this Proclamation, as confirmed by the Office of Best Practice Regulation. The instrument, which is a legislative instrument under the Legislation Act 2003, comes into effect upon registration on the Federal Register of Legislative Instruments. Consultation with Phosphate Resources Limited, the sole mining entity on the island, supported the necessity for this proclamation to continue phosphate mining operations legally. Additionally, the Proclamation is compatible with human rights, as it does not engage any of the applicable rights or freedoms as declared in international instruments.

Scope and Application

The Christmas Island Mineral Field Proclamation 2019 applies to the Territory of Christmas Island, specifically regarding the designation of the island as a mineral field, thereby permitting the continuation of phosphate mining operations. This legislative instrument is designed to ensure that mining activities on Christmas Island comply with applicable laws and regulations, and it vests the power to constitute the island as a mineral field in the Minister, in accordance with the Christmas Island Act 1958 and the Mining Act 1978 (WA)(CI). The Proclamation revokes the previous Proclamation under section 16 (WA)(CI), thereby updating the legal framework governing mineral field designation on the island. This legislative instrument has no regulatory impact and does not impose any new conditions or restrictions on existing mining activities. It is compatible with human rights, as it does not engage any of the applicable rights or freedoms recognised under the international human rights instruments.

Key Provisions

The Christmas Island Mineral Field Proclamation 2019, under section 16 of the Mining Act 1978 (WA)(CI), establishes that Christmas Island is to be recognised as a mineral field, thereby allowing for phosphate mining operations to proceed in compliance with the law. This proclamation is consistent with the legislative authority granted by the Christmas Island Act 1958, specifically section 8G(1), which allocates certain powers to the Minister instead of the Governor or Governor-in-Council of Western Australia. This shift in authority ensures that the administration and regulation of mining activities on Christmas Island align with the legislative framework applicable to the Territory. The proclamation imposes specific obligations on entities engaged in mining activities, particularly Phosphate Resources Limited, the sole mining entity on the island. It mandates that all mining operations must be conducted in accordance with the legislative provisions governing mineral fields. This includes adherence to any licensing, environmental, and operational standards stipulated by the Mining Act 1978 (WA)(CI). Additionally, it requires that any changes or extensions to mining operations must be approved by the relevant authorities, ensuring that the activities are managed sustainably and in compliance with applicable laws. Failure to comply with the requirements set forth in the Mining Act 1978 (WA)(CI) or the provisions of the Christmas Island Mineral Field Proclamation 2019 could result in civil or criminal penalties. Under the Mining Act, penalties for non-compliance can include fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, with potential maximum penalties specified within the Act. Additionally, any environmental damage caused by non-compliance may result in further liabilities, including remediation costs and additional fines. The proclamation is designed to maintain the status quo regarding phosphate mining on Christmas Island, ensuring that existing operations can continue uninterrupted. It does not introduce new regulatory impacts or costs, as confirmed by the Office of Best Practice Regulation. The Department consulted with Phosphate Resources Limited, acknowledging their need for the proclamation to continue their mining activities. This consultation underscores the importance of the proclamation in maintaining the economic viability of mining operations on the island while ensuring that these activities are conducted within the legal framework.