{"id":"F2019L00513","name":"Christmas Island Mineral Field Proclamation 2019","slug":"christmas-island-mineral-field-proclamation-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99122,"registerId":"commonwealth-F2019L00513-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Christmas Island Mineral Field Proclamation 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nChristmas Island Mineral Field Proclamation 2019\n\n \n\nI, SUSSAN PENELOPE LEY, Assistant Minister for Regional Development and Territories, acting under section 8G of the Christmas Island Act 1958 and paragraph 16(1)(a) of the Mining Act 1978 (WA)(CI):\n\n(a)   Revoke the Proclamation under section 16 (WA) (CI); and\n\n(b)   Proclaim the Territory of Christmas Island to be a mineral field.\n\nThis Proclamation commences on the day after this Proclamation is registered on the Federal Register of Legislation.\n\n \n\n \n\n \n\n \n\nDated  28  March 2019\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nSUSSAN LEY\n\nAssistant Minister for Regional Development and Territories\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This proclamation explicitly revokes a prior proclamation made under the Mining Act provision (\"Revoke the Proclamation under section 16 (WA) (CI)\") and proclaims the Territory of Christmas Island to be a mineral field. Mechanically, the legal scope has changed from the prior status created by the earlier proclamation to the status created by this instrument: Christmas Island is declared a mineral field and thereby brought within the legal reach of the Mining Act 1978 (WA)(CI). The proclamation itself delegates substantive regulatory detail (permits, fees, conditions) to the Mining Act and its regulations (see opening lines invoking s 8G and para 16(1)(a) and the commencement clause)."},"complexity_factors":["Short, single-purpose instrument but relies entirely on other statutes (s 8G Christmas Island Act 1958 and para 16(1)(a) Mining Act 1978 (WA)(CI)) for substantive rules","Revocation of an earlier proclamation introduces a change in legal status that requires checking prior instruments to understand the full before/after picture","Operational detail (licences, fees, conditions, enforcement) is omitted and delegated to the Mining Act and regulations, requiring cross-reference","Commencement is straightforward but tied to registration timing, which affects when downstream regulatory processes begin","Exercise of executive/statutory discretion (assistant minister) — the instrument is terse, so administrative implementation and agency choices determine practical effects"],"plain_english_summary":"What this instrument does, mechanically\n\n- This proclamation, signed by the Assistant Minister for Regional Development and Territories, revokes an earlier proclamation made under the Mining Act provision and declares the Territory of Christmas Island to be a \"mineral field\". The instrument is made under section 8G of the Christmas Island Act 1958 and paragraph 16(1)(a) of the Mining Act 1978 (WA)(CI) (see opening lines). It commences the day after it is registered on the Federal Register of Legislation (see commencement line).\n\nWho makes the decision and what legal effect follows\n\n- Who decides: the Assistant Minister exercised a statutory power to revoke a prior proclamation and to proclaim Christmas Island a mineral field (acting under s 8G, Christmas Island Act 1958 and para 16(1)(a) of the Mining Act 1978 (WA)(CI)).\n- Legal effect: by proclaiming Christmas Island to be a mineral field, the territory is brought within the scope of the Mining Act provision cited. The proclamation itself does not specify permits, fees, royalties or operational conditions; those matters are governed by the Mining Act 1978 (WA)(CI) and any regulations made under it (the proclamation supplies the legal trigger — see paragraph citing the Mining Act).\n\nWho pays, who is affected, and what behaviour changes\n\n- Who pays: the proclamation does not itself impose new taxes or fees. Practical costs will fall most directly on persons or businesses that choose to explore for or extract minerals on Christmas Island because they will need to obtain whatever licences, permits or approvals the Mining Act and its regulations require (the instrument refers those questions to the Mining Act: paragraph 16(1)(a) of the Mining Act 1978 (WA)(CI)).\n- Who is affected: entities interested in mineral exploration or mining; the Commonwealth/territory administration that must administer or enforce the Mining Act regime on Christmas Island; third parties who may be affected by mining activity (the proclamation does not list classes of affected third parties).\n- Behaviour changes: private actors who wish to pursue exploration or mining on Christmas Island can now apply under the Mining Act regime applicable by virtue of this proclamation. Administrative agencies will implement the Mining Act rules in respect of the territory once the proclamation takes effect.\n\nCosts, incentives, trade-offs and implementation considerations (source-grounded)\n\n- Delegated decision and scope: the instrument is short and delegates substantive regulatory detail to the Mining Act it invokes (see the opening lines invoking s 8G and para 16(1)(a)). That concentrates decision-making on the statutory framework rather than on this proclamation itself.\n- Concentrated vs diffuse effects: the immediate legal change is concentrated (it creates a legal status — \"mineral field\") that primarily benefits actors who want mineral rights; any regulatory or fiscal consequences (fees, conditions, approvals) arise under the Mining Act and so are borne by those regulated under that Act (see reference to Mining Act 1978 (WA)(CI)).\n- Compliance burden and administrative cost: because this proclamation invokes the Mining Act rather than specifying process, compliance requirements (licences, reporting, environmental or other conditions) depend on that Act and its regulations. The proclamation therefore creates administrative and compliance tasks whose details are external to the text (see paragraph citing Mining Act).\n- Discretion and implementation risk: the Assistant Minister used statutory authority to change the legal status of the territory (revoking the prior proclamation and proclaiming a mineral field). The effective reach and impact of that decision depend on how the Mining Act and implementing agencies apply their powers to Christmas Island; this proclamation is the legal trigger but not the operational rulebook.\n\nSource citations\n\n- Revocation and proclamation: \"acting under section 8G of the Christmas Island Act 1958 and paragraph 16(1)(a) of the Mining Act 1978 (WA)(CI): (a) Revoke the Proclamation under section 16 (WA) (CI); and (b) Proclaim the Territory of Christmas Island to be a mineral field.\" (proclamation text).\n- Commencement: \"This Proclamation commences on the day after this Proclamation is registered on the Federal Register of Legislation.\" (proclamation text)."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by the empowering provisions in the Christmas Island Act 1958 and the Mining Act 1978 (WA)(CI) — it maintains the mineral field status necessary for mining regulation. There is no scope creep; it is a routine administrative renewal."},"complexity_factors":["Extremely short — only 4 substantive paragraphs","No defined terms section","No cross-references to other legislation beyond the two empowering provisions","Simple binary structure: revoke old proclamation, make new proclamation","No conditional logic, exceptions, or procedural requirements","Straightforward commencement clause (day after registration)"],"plain_english_summary":"This is a short legal instrument that changes how mining is regulated on Christmas Island.\n\n**What it does:**\n- **Revokes** (cancels) an earlier proclamation that had declared Christmas Island to be a \"mineral field\" under Western Australian mining laws\n- **Re-proclaims** Christmas Island as a mineral field, effectively refreshing or updating the legal basis for mining operations on the island\n\n**Who it affects:**\n- Mining companies and prospectors wanting to explore or extract minerals on Christmas Island\n- The Western Australian government, which administers mining laws on the island under an arrangement with the Commonwealth\n- The local community and environment, as mineral field status determines what mining activities can occur and under what conditions\n\n**Why it matters:**\nChristmas Island is an Australian territory, but Western Australia's Mining Act 1978 applies there (with modifications). For WA mining law to operate on the island, the territory must be officially declared a \"mineral field\" — this is the legal foundation that allows mining leases, exploration licences, and other permits to be granted. Without this proclamation, the mining regulatory framework wouldn't function. This instrument ensures the legal basis for mining remains current and valid."}},"importantCases":[],"_links":{"self":"/api/acts/christmas-island-mineral-field-proclamation-2019","history":"/api/acts/christmas-island-mineral-field-proclamation-2019/history","analysis":"/api/acts/christmas-island-mineral-field-proclamation-2019/analysis","conflicts":"/api/acts/christmas-island-mineral-field-proclamation-2019/conflicts","importantCases":"/api/acts/christmas-island-mineral-field-proclamation-2019/important-cases","documents":"/api/acts/christmas-island-mineral-field-proclamation-2019/documents"}}