Christmas Island Utilities and Services (Fees) Determination 2025

Explanatory Statement

Issued by the Authority of the Administrator of the Territory of Christmas Island

Christmas Island Act 1958

Christmas Island Utilities and Services Ordinance 2016

Christmas Island Utilities and Services (Fees) Determination 2025

Authority

The Christmas Island Utilities and Services (Fees) Determination 2025 (the Determination) is made under section 7 of the Christmas Island Utilities and Services Ordinance 2016 (the Ordinance). This section authorises the Administrator of the Territory of Christmas Island (the Administrator) to charge a fee for the supply of a utility or service arranged under section 6 of the Ordinance.

Purpose

The purpose of the Determination is to determine fees for the supply of utilities and services in or in relation to Christmas Island.

The Determination consolidates fees for the supply of utilities and services into a single legislative instrument that were previously determined by multiple legislative instruments, starting with fees for the supply of marine traffic facilities, marine harbour facilities and airport facilities (see paragraphs (j) to (l) in the definition of ‘utility or service’ in section 5 of the Ordinance).

Background

The Commonwealth is responsible for the governance of and delivery of services in Christmas Island. Charging fees for the supply of utilities and services in or in relation to Christmas Island enables the Commonwealth to recover its costs in supplying these utilities and services, consistent with the Australian Government Charging Framework and the Australian Government Cost Recovery Policy.

Under subsection 7(3) of the Ordinance, a fee determined under paragraph 7(2)(a) must set out the date from which the fee applies and may set out either or both how and when the fee is to be paid.

Summary of the Determination

Part 1 sets out preliminary provisions, including commencement and definitions. Part 2 sets out fees determined for the supply of airport facilities. Part 3 sets out fees determined for the supply of marine traffic facilities and marine harbour facilities.

The Determination is a legislative instrument for the purposes of the Legislation Act 2003 and is subject to sunsetting and disallowance under that Act.

The Determination commences the day after it is registered.

Details of the Determination are set out in Attachment A.

Consultation

The department consulted the harbour master of the Port of Christmas Island and the contracted service provider who operates the Port of Christmas Island on behalf of the Commonwealth. The department also consulted the manager of the Christmas Island Airport and the contracted service provider who operates the Christmas Island Airport on behalf of the Commonwealth.

This consultation is appropriate and reasonably practicable for the Determination. The operators of the Port of Christmas Island and Christmas Island Airport have the relevant expertise in providing the utilities and services for which the fees are charged. Broader consultation was not deemed necessary, as the fees are not being increased above levels previously determined and are lower than what would commonly be charged at other ports and airports in Australia.

Statement of Compatibility with Human Rights

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.

Attachment A

Details of the Christmas Island Utilities and Services (Fees) Determination 2025

Part 1 – Preliminary

Section 1 – Name

This section provides that the name of the legislative instrument (the Determination) is the Christmas Island Utilities and Services (Fees) Determination 2025.

Section 2 – Commencement

This section provides for the Determination to commence on the day after it is registered on the Federal Register of Legislation.

Section 3 – Authority

This section provides that the Determination is made under section 7 of the Ordinance.

Section 4 – Definitions

This section provides for the definition of terms used in the Determination, including ‘Act’ and ‘Ordinance’.

The following definitions are explained in further detail.

Definitions of terms used in Part 2 relating to aircraft facilities fees

The term ‘aircraft’ is defined as having the same meaning as in section 3 of the Civil Aviation Act 1988. This term is defined in that section as meaning any machine or craft that is able to derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface. The kinds of machines or craft that fall within this definition include, for example, aeroplanes and helicopters.

The term ‘daylight operations’ is defined as meaning 7:01 am to 6 pm. This is a reference to the legal time in Christmas Island in accordance with section 37 of the Acts Interpretation Act 1901[1]. The Standard Time and Daylight Saving Time Ordinance 1980 (CI) prescribes the legal time in Christmas Island.

The term ‘MTOW’ is an acronym for maximum take-off weight. MTOW is the maximum weight at which an aircraft is able to safely take off (that is, the phase of flight of an aircraft in which the aircraft leaves the ground) as determined by the manufacturer of the aircraft and certified by a civil aviation authority, such as the Civil Aviation Safety Authority.

The term ‘night operations’ is defined as meaning 6:01 pm to 7 am. This is a reference to the legal time in Christmas Island (in accordance with section 37 of the Acts Interpretation Act 1901). The Standard Time and Daylight Saving Time Ordinance 1980 (CI) prescribes the legal time in Christmas Island.

Definitions of terms used in Part 3 relating to marine traffic facilities and marine harbour facilities fees

The term ‘Port of Christmas Island’ is an important term used in Part 3 of the Determination. It is defined as the area declared to be the Port of Christmas Island (the Port) under section 10 of the Shipping and Pilotage Act 1967 (WA)(CI) (the applied WA SP Act). This Act is an ‘applied Western Australian law’ (see the definition of this term in subsection 4(1) of the Christmas Island Act 1958 (CI Act)) and, in applying in Christmas Island, it relates to shipping and pilotage in and about the ports, boat harbours and mooring control areas of Christmas Island. Subsection 10(1) of the applied WA SP Act enables regulations made under this Act to declare an area of water, or land and water, intended for use either wholly or partly in connection with the movement, loading, unloading, maintenance or provisioning of vessels to be a port for the purposes of this Act. Subsection 10(1a) provides that a port is to be known by the name and bounded by the limits specified in the regulations in relation to that port. The declaration of the Port, including specifying the limits of the area of water and land that bound the Port, is provided for in amendments to the Shipping and Pilotage (Ports and Harbours) Regulations 1966 (WA)(CI) in Part 36A of Schedule 1 to the Christmas Island Applied Laws Ordinance 1992.

The term ‘bagged phosphate’ is defined as meaning phosphate contained in bulker bags but does not include bulk phosphate. A bulker bag is also known as a flexible intermediate bulk container or bulk bag. This kind of container is designed for use with forklifts and to fit inside shipping containers. The purpose of this definition is to distinguish this kind of good from bulk phosphate, which are subject to different amounts of fees for the movement of goods in the wharf area of the Port (see the fees set out in column 2 of item 4 of the table in subsection 7(1)).

The term ‘deputy harbour master’ is defined as meaning a person appointed as a deputy harbour master of the Port under the applied WA SP Act. As it applies in Christmas Island, subsection 7A(1) of this Act authorises the Minister administering the CI Act to appoint a person to be a deputy harbour master of the Port. The deputy harbour master is authorised to perform the functions of the harbour master under the applied WA SP Act during any absence, illness or incapacity of the harbour master.

The term ‘function’ is defined as having the same meaning as in section 5 of the Interpretation Act 1984 (WA)(CI) (applied Interpretation Act), which is another applied Western Australian law. Section 5 defines the term ‘function’ as including powers, duties, responsibilities, authorities, and jurisdictions. Applying this definition clarifies that the deputy harbour master of the Port is authorised to perform any and all of the functions, including powers and duties, of the harbour master (see section 5 of the applied WA SP Act).

The term ‘GRT’ is an acronym for gross registered tonne. GRT or gross registered tonnage is a former unit of measurement of a vessel’s total internal volume expressed in ‘registered tons’, each of which is equal to 100 cubic feet or 2.83 cubic metres (compare metric ‘tonne’ and imperial ‘ton’).

The term ‘harbour master’ is defined as meaning the person appointed as the harbour master of the Port under section 4 of the applied WA SP Act or a person appointed as an acting harbour master of the Port under paragraph 52(1)(b) of the applied Interpretation Act. As they apply in Christmas Island, the Minister administering the CI Act is authorised, under section 4 of the applied WA SP Act or paragraph 52(1)(b) of the applied Interpretation Act, to appoint a person to be the harbour master or acting harbour master of the Port. Section 5 of the applied WA SP Act prescribes the functions, including powers and duties, of the harbour master (see the definition of ‘function’ in this section of the Determination).

The term ‘inward cargo’ is defined as meaning goods that have been unloaded from a vessel.

The term ‘outward cargo’ is defined as meaning goods that are intended to be loaded onto a vessel.

The term ‘recreational vessel’ is defined as meaning a vessel that is not for use in connection with a commercial or governmental activity and not more than 17.5 metres long. In comparison to the definition of ‘vessel’ in section 14 of the Navigation Act 2012, a recreational vessel in Christmas Island can include a vessel that is for use in connection with a research activity, as long as the vessel does not exceed 17.5 metres in length.

The term ‘TEU’ is an acronym for twenty-foot equivalent unit. TEU is a unit of measurement of the volume of a 20-foot-long (6.1 metres) shipping container, which is a standard size of shipping containers used in intermodal freight transport.

The term ‘vessel’ is defined as having the same meaning as in section 14 of the Navigation Act 2012. The term is defined in that Act as meaning any kind of vessel used in navigation by water, however propelled or moved, and includes a barge, lighter or other floating craft, and an air-cushion vehicle, or other similar craft, used wholly or primarily in navigation by water.

The term ‘wharf area’ is defined as meaning the wharves appointed, and the limits of those wharves fixed, under section of the Customs Act 1901 by the notice published in Gazette No. GN of 11 September 2002 on page 2415. This Act applies in Christmas Island under the Customs Ordinance 1993 (CI).

Part 2 – Airport facilities fees

Section 5 – Airport facilities fees

This section sets out fees determined for the supply of certain airport facilities utilities and services at Christmas Island Airport (the Airport), as well as how and when these fees are to be paid.

The table in subsection (1) sets out fees for the supply of airport facilities utilities and services for the purposes of paragraph 7(2)(a) of the Ordinance. This paragraph of the Ordinance requires fees for the supply of a utility or service to be determined by the Administrator by legislative instrument. The definition of ‘utility or service’ in section 5 of the Ordinance includes airport facilities (see paragraph (l) of this definition).  

Subsection (1) provides that the fee determined for the supply of a utility or service set out in column 1 of an item of the table (that is, an airport facilities utility or service at the Airport) is the fee set out in column 2 of the item.

The utilities or services set out in column 1 of the table are named to aid in distinguishing between the fees set out in column 2 of the table to which these utilities or services relate. These fees include:

• ‘Landing fee (daylight operations)’ and ‘landing fee (night operations)’ in items 1 and 2 of the table—these fees are for the arrival of an aircraft at the Airport during either daylight operations (that is, 7:01 am to 6 pm) or night operations (that is, 6:01 pm to 7 am), in which the amount charged depends on the certified MTOW of the aircraft (specifically, whether this weight is 20 or more tonnes or less than 20 tonnes);
• ‘Parking fee’ in item 3 of the table—this fee is for the parking of an aircraft at the Airport for 6 hours or more a day, in which the amount charged depends on the certified MTOW of the aircraft (specifically, whether this weight is 20 or more tonnes or less than 20 tonnes);
• ‘Terminal fee’ in item 4 of the table—this fee is for the use of the Airport terminal relating to passengers arriving or departing on an aircraft, in which the amount charged depends on the number of arriving or departing passengers; and
• ‘Check-in counter fee’ in item 5 of the table—this fee is for use of the check-in counters at the Airport for aircraft operating a ticketed air service, in which an amount is charged for each departing aircraft.

Subsection (2) provides that the fees determined in subsection (1) apply on and from the date on which the Determination commences, which is provided for in section 2, for the purposes of subsection 7(3) of the Ordinance. This subsection of the Ordinance requires the Determination (as a determination made under paragraph 7(2)(a) of the Ordinance) to set out the date from which the fees apply.

Subsections (3) to (5) set out the payment of a fee determined in subsection (1) for the purposes of paragraphs 7(3)(a) and (b) of the Ordinance. These paragraphs of the Ordinance enable the Determination (as a determination made under paragraph 7(2)(a) of the Ordinance) to set out either or both how and when the fees are to be paid.

Subsection (3) provides for how a fee determined in subsection (1) is to be paid, which must be by electronic funds transfer to a bank account nominated by the Administrator or a person acting on behalf of the Administrator. A person acting on behalf of the Administrator may include, for example, the Commonwealth (as represented by the department administering the CI Act) or another person engaged by the Administrator or the Commonwealth to supply the relevant airport facilities utility or service.

Subsection (4) provides for who is to pay a fee determined in subsection (1) and the time by which the fee is to be paid, in which the fee is payable by the operator, owner or hirer of the aircraft to which the fee relates within 30 days of the date the invoice is issued in relation to the fee.

Subsection (5) clarifies that the invoice may be issued by the Administrator or a person acting on behalf of the Administrator, who may be, for example, the Commonwealth (as represented by the department administering the CI Act) or another person engaged by the Administrator or the Commonwealth to supply the relevant airport facilities utility or service.

Section 6 – Waiver of airport facilities fees

This section provides the ability for the Administrator to waive a fee determined in subsection 5(1) if the Administrator is satisfied of certain considerations.

Subsection (1) provides that the Administrator may waive a fee on written application by the operator, owner or hirer of the aircraft to which the fee relates or the manager of Christmas Island Airport. The operator, owner or hirer of an aircraft may include an airline operating a ticketed air service, an airline operating a commercial air service, the operator or owner of a private aircraft, or an individual or entity who hires or charters an aircraft. A fee may only be waived under this section if it is a fee charged for a utility or service provided in relation to an aircraft that is operating a passenger air service.

Subsection (2) sets out the information that an applicant for a waiver must include in their application, namely the period for which the waiver is requested and an explanation of how the waiver will benefit the Christmas Island community. A waiver could, for example, benefit the Christmas Island community if it assists in providing increased tourist opportunities to Christmas Island or expands the travel options for locals to different destinations.

Subsection (3) sets out the criteria that the Administrator must consider, or be satisfied of, before deciding to waive a fee under this section. These criteria include:

1.    considering whether the waiver will benefit the Christmas Island community, such as by providing increased tourist opportunities for Christmas Island or expanding the travel options for locals;
2.    being satisfied that the benefit of the waiver will outweigh any loss of revenue, including because the loss of revenue is limited by the length of time the waiver will be in force or by the limited class of aircraft to which the waiver applies;
3.    being satisfied that the waiver will not have a detrimental impact on any contracted air services for Christmas Island Airport, including any contracted air service to provide regular passenger services from Christmas Island Airport to the mainland, as providing a waiver in those circumstances could undermine the terms and purpose of the contract.

Subsection (4) requires the Administrator to provide written notice of any fee waived under this section to the operator, owner or hirer of the aircraft to which the fee relates and the manager of Christmas Island Airport. This written notice must be provided to both persons, regardless of who made the application for the waiver, in order provide transparency and certainty to all affected persons (both the person who would otherwise be required to pay the fee and the person who otherwise may be required to collect the fee on behalf of the Administrator, e.g. the manager of Christmas Island Airport).

Subsection (5) requires the written notice provided by the Administrator under subsection (4) to specify the period for which the waiver is in force. This is to provide transparency and certainty to all affected persons, including the Administrator and the Commonwealth, of the period for which the waiver of any fee is to remain in force.

Subsection 33(3) of the Acts Interpretation Act 1901 provides that a power to make, grant or issue any instrument of a legislative or administrative character includes the power, exercisable in a like manner and subject to like conditions, to repeal, rescind, revoke, amend or vary any such instrument. A written notice provided under section 6, as an instrument of administrative character, can be revoked or varied by the Administrator, including to vary the period for which the waiver is to remain in force. Any revocation or variation must be made in a like manner and subject to like conditions as the original written notice, including that the Administrator has considered the requirements under subsection (3).

Part 3 – Marine traffic and harbour facilities fees

Section 7 – Marine traffic facilities and marine harbour facilities fees

This section sets out fees determined for the supply of certain marine traffic facilities and marine harbour facilities utilities and services at the Port, as well as how and when these fees are to be paid.

The table in subsection (1) sets out fees for the supply of marine traffic facilities and marine harbour facilities utilities and services for the purposes of paragraph 7(2)(a) of the Ordinance. This paragraph of the Ordinance requires fees for the supply of a utility or service to be determined by the Administrator by legislative instrument. The definition of ‘utility or service’ in section 5 of the Ordinance includes marine traffic facilities and marine harbour facilities (sees paragraphs (j) and (k) of this definition). 

Subsection (1) provides that the fee determined for the supply of a utility or service set out in column 1 of an item of the table (that is, a marine traffic facilities or marine harbour facilities utility or service at the Port) is the fee set out in column 2 of the item.

The utilities or services set out in column 1 of the table are named to aid in differentiating between the fees set out in column 2 of the table to which these utilities or services relate. These fees include:

• ‘Mooring fee (recreational vessels)’ in item 1 of the table—this fee applies to a recreational vessel and is for mooring in the Port by the vessel, in which the amount charged depends on either the number of days or weeks for which the vessel is moored;
• ‘Berth hire fee’ in item 2 of the table—this fee applies to a vessel that is not a recreational vessel and is for the occupation of a berth in the Port by the vessel, in which the amount charged depends on the number of hours for which the berth is hired;
• ‘Port tonnage fee’ in item 3 of the table—this fee applies to a vessel that is not a recreational vessel and is for general use of the Port based on the tonnage of the vessel, in which the amount charged depends on the GRT of the vessel;
• ‘Wharfage fee’ in item 4 of the table—this fee is for the use of, or movement of goods in, the wharf area of the Port based on the kind of goods, covering bagged phosphate and any other goods contained in bulker bags, bunker fuel and fuel that is not bunker fuel, shipping containers (empty or not empty) and any other goods, in which the amount charged depends on the weight or volume of the good (specifically, per tonne, kilolitre or TEU of the good);
• ‘Storage fee’ in item 5 of the table—this fee applies to inward cargo or outward cargo stored in a shipping container if the cargo is kept in the wharf area of the Port for a period of more than 10 days, in which the amount charged depends on the weight of the cargo by the number of days for which the goods are kept in the wharf area; and
• ‘Supply of fresh water’ in item 6 of the table—this fee is for the supply of fresh water and the amount depends on the volume of the water supplied (specifically, per kilolitre).

Subsection (2) provides that the fees determined in subsection (1) apply on and from the date on which the Determination commences, which is provided for in section 2, for the purposes of subsection 7(3) of the Ordinance. This subsection of the Ordinance requires the Determination (as a determination made under paragraph 7(2)(a) of the Ordinance) to set out the date from which the fees apply.

Subsections (3) to (6) set out the payment of a fee determined in subsection (1) for the purposes of paragraphs 7(3)(a) and (b) of the Ordinance. These paragraphs of the Ordinance enable the Determination (as a determination made under paragraph 7(2)(a) of the Ordinance) to set out either or both how and when the fees are to be paid.

Subsections (3) and (4) provide for how a fee determined in subsection (1) is to be paid, which must be by either electronic funds transfer to a bank account nominated by, or cash to, the Administrator or a person acting on behalf of the Administrator. A person acting on behalf of the Administrator may include, for example, the Commonwealth (as represented by the department administering the CI Act) or another person engaged by the Administrator or the Commonwealth to supply the relevant marine traffic facilities and marine harbour facilities utility or service. Only a mooring fee in item 1 of the table in subsection 7(1) may be paid by cash. This provides flexibility for the operators of recreational vessels, including international recreational vessels, who may not have access to electronic funds transfers or who may prefer to pay in cash.

Subsection (5) provides for the time by which a fee determined in subsection (1) is to be paid, which is within 30 days of the date the invoice is issued in relation to the fee.

Subsection (6) clarifies that the invoice may be issued by the Administrator or a person acting on behalf of the Administrator, who may be, for example, the Commonwealth (as represented by the department administering the CI Act) or another person engaged by the Administrator or the Commonwealth to supply the relevant marine traffic facilities and marine harbour facilities utility or service.

Sections 8 and 9 – Inward cargo storage; Outward cargo storage

These sections apply to the ‘storage fee’ in item 5 of the table in subsection 7(1). If exceptional circumstances exist in relation to inward cargo or outward cargo to which the fee applies, that means that the cargo is not able to be removed from the wharf area before the start of the period determined in column 2 of this item (that is, after 10 days), these sections authorise the harbour master or the deputy harbour master to extend this period. If the cargo is removed before the start of this extended period, the fee in respect of the storage of the cargo in the wharf area of the Port is functionally waived. Normally, if inward cargo or outward cargo is kept in the wharf area for this period or longer, the fee is charged based on the weight of the cargo by the number of days for which the goods are kept in the wharf area.  

Subsections (1) authorise the harbour master, either on their own initiative or on written application by the owner of inward cargo or outward cargo, to vary the period determined in column 2 of item 5 of the table in subsection 7(1) (referred to as the ‘determined period’) in relation to the cargo by publishing a written notice specifying a longer period.

Subsections (2) provide that, before deciding to vary the determined period, the harbour master must consider whether certain prescribed circumstances exist in relation to the cargo that is, or may be, subject to the ‘storage fee’. These circumstances are exceptional circumstances that are beyond the control of the owner of the cargo or that, in the interests of fairness or safety, require a period longer than the determined period to remove the cargo from the wharf area (see, for example, paragraphs 8(2)(d) and 9(2)(e)). These include, but are not limited to:

• for inward cargo, weather events that cause unsafe conditions for the removal of the cargo from the wharf area, such as heavy swell or high winds;
• for outward cargo, weather events that cause unsafe conditions for the berthing of vessels at the Port or the handling of outward cargo in the wharf area, such as heavy swell or high winds;
• for both kinds of cargo, failures of equipment at the Port that prevents or delays the removal of the cargo from wharf area, such as the breakdown or failure of cranes, moorings or forklifts;
• for both kinds of cargo, vessel congestion at the Port the prevents or delays the removal of the cargo from the wharf area, including congestion of vessels waiting to enter the Port caused by a weather event such as high swells that prevented the vessels from berthing earlier or before other vessels arrived;
• for outward cargo, delayed arrival of the vessel at the Port that is to collect the cargo, including the vessel being held up in other ports due to weather or being re-routed; and
• for both kinds of cargo, any other exceptional circumstances, such as cargo, or the vessel carrying the cargo, being held in quarantine or unique cargo that has special handling requirements that cannot be met within the determined period.

Subsections (3) provide that a notice published under subsection (1) specifying a period longer than the determined period must be provided to the owner of the cargo or their shipping agent and may be published in a manner that informs users of the Port and members of the public of the longer period. This may include, for example, displaying the notice on a noticeboard at the entrance of the Port or another area that is accessible to members of the public.

Subsections (4) authorise a deputy harbour master to perform the functions of the harbour master under these sections. Allowing a deputy harbour master to perform the function of extending the determined period provides for flexibility in responding to changing weather, traffic or equipment conditions at the Port. Such conditions can change rapidly in a remote location like Christmas Island and require prompt action to ensure fairness to, and the safety of, Port users, including in circumstances where the harbour master is absent from the Port and therefore unable to perform their functions under these sections.

Subsection 33(3) of the Acts Interpretation Act 1901 provides that a power to make, grant or issue any instrument of a legislative or administrative character includes the power, exercisable in a like manner and subject to like conditions, to repeal, rescind, revoke, amend or vary any such instrument. A written notice published under section 8 or 9, as an instrument of administrative character, can be revoked or varied by the harbour master (or a deputy harbour master), including to further vary the determined period. Any revocation or variation must be made in a like manner and subject to like conditions as the original written notice; namely, that the harbour master (or deputy harbour master) must consider the circumstances set out in subsection (2) and must comply with the notification requirements under subsection (3).

Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Christmas Island Utilities and Services (Fees) Determination 2025

This Disallowable 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 Disallowable Legislative Instrument

The Christmas Island Utilities and Services (Fees) Determination 2025 (the Determination) determines fees for the supply of utilities and services in or in relation to the Territory of Christmas Island.

The Determination consolidates fees for the supply of utilities and services into a single legislative instrument that were previously determined by multiple legislative instruments, starting with fees for the supply of marine traffic facilities, marine harbour facilities and airport facilities (see paragraphs (j) to (l) in the definition of ‘utility or service’ in section 6 of the Christmas Island Utilities and Services Ordinance 2016).

Human rights implications

This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

[1] The Acts Interpretation Act 1901 applies to the Determination in accordance with paragraph 13(1)(a) of the Legislation Act 2003.