The Department of Mines, Industry Regulation and Safety (DMIRS) is seeking public comments on its Position Paper 14 – Marking out the land a pre-condition of making certain tenement applications – The Mining Registrar’s obligation to consider jurisdiction.

Position Paper 14 addresses the consequences of the decision of the Supreme Court of Western Australia in Forrest & Forrest Pty Ltd v O’Sullivan & Ors [2020] WASC 468 (Forrest 2020 decision). It outlines that when making an application for a mining tenement, an applicant will need to provide evidence that the land has been marked out in accordance with the Mining Act 1978 (Mining Act) and Mining Regulations 1981 (Regulations).

It is intended that this evidence will allow the Mining Registrars to be satisfied they have jurisdiction in considering the application for a mining tenement. Position Paper 14 also sets out that, if this evidence cannot be provided to the Mining Registrar, then the application will be disposed of as being invalid.

Information sessions were held at:

• DMIRS Leonora office
  26 July, 2:00pm – 3:00pm
• DMIRS Kalgoorlie office
  27 July, 1:00pm – 2:00pm               
• East Perth, 1 Adelaide Terrace
  28 July, 1:00pm – 2:00pm

The department will provide a response to each submission received. All submissions will be collectively published and made available to the public in a response to submissions document. Submissions will be published verbatim, with the submitter listed.

The Department of Mines, Industry Regulation and Safety is seeking public comments on its proposed draft – Guide note on the management of subsisting petroleum and geothermal titles.

The draft guide note addresses the principles and considerations that will guide DMIRS officers in the management of petroleum and geothermal titles which subsist with respect of the same blocks. The guide also seeks to assist applicants in identifying the information that DMIRS considers relevant to the assessment of an application for subsisting tenure.

The Department of Mines, Industry Regulation and Safety (DMIRS) is seeking feedback from stakeholders on its Mining Development and Closure Proposals (MDCP) and Approvals Statements Discussion Paper.

The Mining Amendment Act 2022 (Amendment Act) amended the Mining Act 1978, with the purpose of simplifying the activity approval processes for the mining sector. Two key changes were introduced by the Amendment Act, which will increase the efficiency of applications and assessments of mining activities and allow for easier administration of compliance with conditions of approval: the introduction of MDCPs and Approvals Statements.

A MDCP will be a single application document that only captures information required for assessment of a proposed mining operation. An Approvals Statement will function as a single source identifying all approved activities and corresponding conditions on a tenement or suite of tenements.

The discussion paper provides an overview of the MDCP and Approvals Statement framework, as well as the types of information that may be included in an MDCP and recorded on an Approvals Statement.

The department will provide a response to each submission received on this paper, which will be collectively published in a response to submissions document. Submissions will be published verbatim, with the submitter listed.

The Department of Mines, Industry Regulation and Safety (DMIRS) sought comment from stakeholders and interested parties on the Draft Guidelines – Marking out for conversion applications under section 105(2) of the Mining Act 1978.

The guidelines provide information to licence holders on the application of sections 105(2)-(4) included in the Act through the Mining Amendment Act (No.2) 2022 which came into effect on 2 November 2022.

The amendments to the marking out provisions for conversion applications ensure licence holders do not lose priority to the land due to circumstances outside their control.

The guidelines provide examples to demonstrate the application of sections 105(2)-(4) for conversion applications lodged without first marking out the land in particular circumstances where it is not possible for the land to be accessed for the purpose of marking out. Marking out of the application is required when access to the land becomes available.

The department will provide a response to each submission received. All submissions will be collectively published and made available to the public in a response to submissions document. Submissions will be published verbatim, with the submitter listed.

Draft guidelines: Mineralisation Report and Supporting Statement for a Mining Lease Application

Draft Mineralisation Report Template

Draft Supporting Statement Template

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking feedback on draft guidelines for submitting a mineralisation report and supporting statement when applying for a mining lease.

The purpose of the guidelines is to specify the format, content, and standards required in a mineralisation report, and the information required in the separate supporting statement, in order to comply with the Mining Act 1978.

The department will provide a response to each submission received on this paper, which will be collectively published in a response to submissions document. Submissions will be published verbatim, with the submitter listed.

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking feedback from stakeholders on the draft Petroleum Legislation Amendment Bill (B) 2023.

The draft Bill proposes amendments to the Petroleum and Geothermal Energy Resources Act 1967, Petroleum Pipelines Act 1969, and Petroleum (Submerged Lands) Act 1982 to provide a legislative framework for the transport and geological storage of greenhouse gases in Western Australia.

Copies of the marked up version of these three Acts are provided for your information:

• Petroleum and Geothermal Energy Resources Act 1967
• Petroleum Pipelines Act 1969
• Petroleum (Submerged Lands) Act 1982

The department will provide a consolidated response to submissions received.

Please see the Summary Sheet for additional details.

Discussion Paper - Eligible Mining Activity Framework

Response to Submission

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking feedback from stakeholders on its Eligible Mining Activity (EMA) Framework Discussion Paper.

The EMA Framework is a new form of authorisation for certain minimal disturbance activities.  

The discussion paper provides an overview of the EMA Framework, presents draft criterion for what may constitute an EMA and outlines indicative standard conditions that will apply to each EMA.

The department will provide a response to each submission received on this paper, which will be collectively published in a response to the submissions document.

Submissions will be published verbatim, with the submitter listed.

Draft Programme of Work Guidance

Draft Exploration Rehabilitation Guidance 

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking feedback from stakeholders on draft guidelines for preparing a Programme of Work (PoW) application, and the rehabilitation of exploration disturbances.

The Draft Programme of Work Guidance seeks to clarify the requirements for these applications, and the Draft Exploration Rehabilitation Guidance aims to clarify DMIRS' expectations for the rehabilitation of exploration disturbances.

The department will provide a response to each submission received on this paper, which will be collectively published in a response to submissions document. Submissions will be published verbatim, with the submitter listed.

Petroleum Legislation Amendment Bill (No. 2) 2022 

Response to submissions

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking feedback from stakeholders on the Draft Petroleum Legislation Amendment Bill (No. 2) 2022.

The draft Bill seeks to introduce a number of amendments to the Petroleum and Geothermal Energy Resources Act 1967 (PGERA), Petroleum Pipelines Act 1969 (PPA) and Petroleum (Submerged Lands) Act 1982 (PSLA) (together, referred to as the Petroleum Acts) to address petroleum operational matters and to enable the exploration of naturally occurring hydrogen.

Proposed operational amendments to the three Petroleum Acts relate to environmental aspects, royalty calculation, underground storage and additives.

The draft Bill also seeks to introduce the concept of ‘prescribed regulated substances’ to enable PGERA and PSLA petroleum titles to explore for and produce prescribed regulated substances i.e. naturally occurring hydrogen.

The department will provide a response to each submission received on the exposure draft, which will be collectively published in a response to submissions document. Submissions will be published verbatim, with the submitter listed.

Please see Summary and Information Sheet for additional details.

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking feedback from stakeholders on the Draft Petroleum Legislation Amendment Bill 2022.

The draft Bill seeks to introduce amendments to the Petroleum and Geothermal Energy Resources Act 1967 (PGERA), Petroleum Pipelines Act 1969 (PPA) and Petroleum (Submerged Lands) Act 1982 (PSLA) (together, referred to as the Petroleum Acts) to enable the Department to roll out its business transactions through electronic service of documentation. Currently under the Petroleum Acts documents to be served on a party must be provided as hard copy documentation.

The department will provide a response to each submission received on the exposure draft, which will be collectively published in a response to submissions document. Submissions will be published verbatim, with the submitter listed.

Please see Summary for additional details.

Consultation Copy of the Mining Amendment Bill 2023

Mining Amendment Bill 2023
Response to Submissions

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking public comment on the draft Mining Amendment Bill 2023 (Bill).

This Bill seeks to amend the Mining Act 1978 (Mining Act) following on from the consequential amendments found in the Land and Public Works Legislation Amendment Bill 2022 (LPWL Bill), which was introduced into parliament on 23 November 2022.

The Bill amendments stem from the proposed amendment to section 92B(2) of the Land Administration Act 1997 (LAA), found in the LPWL Bill, which states that a diversification lease can be granted for any purpose. A policy objective of diversification leases is to provide non-exclusive broad based land tenure options for Crown land that can coexist with other land uses (multiple land uses), especially with native title and land uses by the resource industry.

The department will provide a response to each submission received on the amendment draft, which will be collectively published in a response to submissions document. Submissions will be published verbatim, with the submitter listed.

Please see the information sheet for additional information.

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking feedback from stakeholders on a draft discussion paper for the decommissioning of onshore and State waters petroleum, geothermal and pipeline, property, equipment and infrastructure. The draft discussion paper sets out DMIRS’ regulatory approach and expectations with respect to decommissioning. 

DMIRS held two online workshops in September and an in-person workshop in October to provide an overview of its expectations and regulatory approach, and seek stakeholder input. 

Workshop 1 (Online)
When: 1-2pm, 23 September 2022

Workshop 2 (Online)
When: 1-2pm, 28 September 2022

Workshop 3 (In-person)
When: 10-11am, 4 October 2022

The department will provide a response to each submission received on this paper, which will be collectively published in a response to submissions document. Submissions will be published verbatim, with the submitter listed

Draft Decommissioning Discussion Paper for WA onshore and State waters petroleum, geothermal and pipeline property, equipment and infrastructure - Response to submissions

Any queries and feedback can be sent via email to
REC.Consultation@dmirs.wa.gov.au 

Mining Amendment Bill 2022 - Ability to prescribe fees

Note: Proposed amendments will be included in the Mining Amendment Bill 2022. This bill was previously referred to as the Mining Amendment Bill (No.2) 2021 and was released for public consultation during the period 10 January-11 March 2022 under the former name. This is consultation is in addition to the one that has already occurred and relates only to the proposed inclusion of the following measure.

The Department of Mines, Industry Regulation and Safety (DMIRS) sought public comment on proposed amendments to the Mining Act 1978 to insert the ability to prescribe fees for lodgement of objections against applications for mining tenure. These amendments will form part of the Mining Amendment Bill 2022.

DMIRS has reviewed its schedule of fees and charges for mining applications and identified that there is no explicit statutory provision that confers the ability to prescribe fees for objections against applications. Currently, the schedule of fees and charges provides that a fee for objections against applications is nil. The proposed amendments would allow for an objection against mining tenement applications to be lodged with a prescribed fee. This change aligns the objection procedures more closely with other legislative provisions relating to applications and other actions under the Mining Act.

No fee amount is set at present. If a fee is considered appropriate, further changes would be needed to amend the Mining Regulations 1981 to prescribe a fee amount.

Mining Amendment Bill 2022 - Ability to prescribe fees - Response to submissions

The proposed amendments were open for comment until 8 April 2022.

If you have any comments on the bill, please email them to RTD.Consultation@dmirs.wa.gov.au 

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking feedback from stakeholders on proposed amendments to the Mining Act 1978. 

Mining Amendment Bill (No2) 2021 seeks to improve regulation and regulatory practice through streamlining administrative processes, safeguarding the security of titles and licences and provide greater certainty for the resource sector.

Information sessions on the Bill were:

DMIRS information session (Government agencies only)
Wednesday 19 January 2022 1:30pm – 2:30pm 
DMIRS office, 1 Adelaide Terrace East Perth

DMIRS information session (Public)
Friday 11 February 2022 10.30am – 11.30am 
DMIRS Office, 1 Adelaide Terrace East Perth
(An additional information session will be made available on Monday 14 February subject to demand)

Mining Amendment Bill No2 2021 Consultation presentation

 

Mining Amendment Bill - Response to Submissions

The proposed amendments are now closed for comments.

If you have any comments on the bill, please email them to RTD.Consultation@dmirs.wa.gov.au 

Email any comments or feedback to REC.Consultation@dmirs.wa.gov.au

Guideline on how to prepare a Field Management Plan

Response to submissions Draft Guideline on how to prepare a Field Management Plan

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking public comment on the draft Code of practice Mine safety management system (the draft code). Under the new WHS (Mines) Regulations it will be a requirement for the mine operator to prepare, implement and maintain a mine safety management system (MSMS) for a mine/exploration operation.

The draft code provides practical guidance on establishing and implementing the MSMS for a mine. The MSMS is the primary means of ensuring the safe operation of a mine. It brings together a number of plans, procedures and policies to enable a mine operator to follow a systematic approach to establishing and maintaining an effective system to manage health and safety, including: 

• risk management 
• principal mining hazard management plans
• contractor management
• reviewing and auditing of the MSMS.

The draft code has been developed based upon the following guidance material produced by NSW Resources Regulator – Code of Practice: Safety management systems in mines and Guide: Preparing a principal mining hazard management plan.

The Mining Industry Advisory Committee (MIAC) have approved the draft code for public consultation. The Department was seeking your comments about the draft code from Friday 15 October 2021 to Friday 10 December 2021. 

The Commission for Occupational Safety and Health seeked your comments.

This code of practice is intended to provide practical guidance for workplaces where workers may be exposed to psychological and social hazards such as inappropriate behaviours, violence and aggression, fatigue, burnout, stress and trauma, which can be harmful to their health.

While this public consultation relates to the draft Psychosocial hazards in the workplace code of practice, the code of practice is complimentary to the Violence and aggression at work and Workplace behaviour codes of practice drafts which the Commission recently sought feedback.

• Consultation draft

• Guidance Note - Environmental Performance Objectives, Environmental Performance Standards and Measurement Criteria for Petroleum Environment Plans.
• Proposed Stakeholder Engagement and Consultation Guide - Public Consultation Paper.
• Guidance Note - Decommissioning, Rehabilitation and Closure of Petroleum Activities.

The department was seeking feedback on the guidelines, particularly on the rehabilitation and closure content (Section 3.1.4.2).

Response to submissions - Draft Guideline for the Development of Petroleum, Geothermal and Pipeline Environment Plans in Western Australia

Email any comments to petroleum.environment@dmirs.wa.gov.au

Any queries can be sent via email to safetycomms@dmirs.wa.gov.au

Mining Amendment Bill 2021 (formerly known as the Streamlining (Mining Amendment) Bill 2021 

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking feedback from stakeholders on proposed amendments to the Mining Act 1978. 

The Streamlining (Mining Amendment) Bill 2021 aims to improve efficiencies for the application and assessment of environmental approvals.

• Consultation Draft
• Information Sheet
• Feedback Form (optional)
• Supporting documentation (Transition, MDCP and Aboriginal Heritage legislation)

DMIRS held a number of information sessions in May in Perth, Bunbury and Kalgoorlie to provide an overview of the Bill.

To attend an information session, please register promptly on the Eventbrite website:

DMIRS Information Session Perth

• Date: Friday 14 May 2021 10.30am – 11.30am OR Tuesday 25 May 2021 1pm – 2pm
• Location: DMIRS Office, 1 Adelaide Terrace East Perth

DMIRS Information Session Kalgoorlie 

• Date:  Tuesday 18 May 2021 11.30am – 12.30pm OR 2.00pm – 3.00pm 
• Location: DMIRS Office, Cnr Hunter and Broadwood Streets, West Kalgoorlie

DMIRS Information Session Bunbury 

• Date: Friday 21 May 2021 11.00am – 12.00pm
• Location: DMIRS Office, Bunbury Tower 8th Floor 61 Victoria Street, Bunbury.

Response to submissions: Response to submissions - Streamlining (Mining Amendment) Bill 2021.

Revised Consultation draft of the Streamlining Mining Amendment Bill 

Any queries can be sent via email to REC.Consultation@dmirs.wa.gov.au.

Clear Guidance

Four revised documents associated with the department’s environmental regulation of the resources sector

The Department of Mines, Industry Regulation and Safety (DMIRS) undertaken targeted consultation on the below documents which have been reviewed as a pilot to seek feedback on how the department writes and presents its guidance material to improve clarity. 

• DMIRS Environmental Applications Administrative Procedures
• DMIRS Environmental Note – Waste Rock Dumps
• DMIRS Prospecting policy
• DMIRS Environment Regulatory Strategy. 

Any queries can be sent via email to REC.Consultation@dmirs.wa.gov.au 

Any queries can be sent via email to REC.Consultation@dmirs.wa.gov.au 

Response to submissions: Draft mine closure completion guideline

Discussion Paper

Proposed amendments to the Mining Rehabilitation Fund Regulations 2013 for the administration of minerals in brine operations

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking public comment on a discussion paper with recommended changes to emerging potash and salt minerals in brine (MIB) operations in Western Australia under the Mining Rehabilitation Fund (MRF) legislative and regulatory framework.

The paper outlines the Department’s recent review of the MRF disturbance categories and summarises suggested amendments to the unit rates for MIB operations.

The Commission for Occupational Safety and Health seeked your comments.

This draft code of practice provides practical guidance to assist employers and employees identify and deal with external, client-related and service-related violence and aggression in the workplace.

The Commission for Occupational Safety and Health seeked your comments.

The code of practice has been prepared as guidance for occupational divers about the management of occupational safety and health issues relevant to preparing for and performing tasks while submerged in a fluid using artificially supplied compressed gas.

Regardless of your job title, or the main duties of your job, this code applies to you if you perform diving work and/or if any part of your employment consists of diving work.

Public consultation ended 30 September 2020

The templates offer guidance on the information title holders must provide to meet the statutory requirements for AARs as prescribed in the Petroleum and Geothermal Energy Resources (Resource Management and Administration) Regulations 2015 and/or the Petroleum (Submerged Lands) (Resource Management and Administration) Regulations 2015.

The Department of Mines, Industry Regulation and Safety (DMIRS) was proposing amendments to the Mining Regulations 1981 regarding the lithium royalty rate. The Regulation amendments address the Government’s decision to introduce a five per cent royalty rate for lithium concentrate used as a feedstock for lithium hydroxide and lithium carbonate production. They also address sales to related parties.

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking public comment on a draft guide for development and submission of a safety report.

The safety report represents the key demonstration by an operator to the government that the operator is aware of the risks associated with their operations and that there is a rigorous system in place to manage those risks. Because of this importance, the effort required by the operator to develop the report and the government to review and approve the report is significant. 

This document provides guidance to operators of MHFs for the development of safety reports under the Act and the Regulations.

Any queries can be sent via email to safetycomms@dmirs.wa.gov.au 

Statutory Guidelines Mining Proposals

Guidance Mining Proposal

Statutory Guidelines Mine Closure Plans

Guidance Mine Closure Plan

Environmental Objectives Policy

Mining Securities Policy – Administration for compliance with environmental conditions

Mining Securities Procedure –Administration for compliance with environmental conditions

Policy now available: Mining Securities Policy – Administration for compliance with environmental conditions

Procedure now available: Mining Securities Procedure – Administration for compliance with environmental conditions

Response to submissions: Response to submissions - Draft Mining Securities Policy and Procedure

Any queries can be sent via email to REC.Consultation@dmirs.wa.gov.au

The department was seeking your comments regarding the regulations that will support the proposed Work Health and Safety Act for Western Australia (WHS Act (WA)).

The proposed three sets of regulations are:

1. WHS regulations applying generally to all Western Australian workplaces;
2. WHS regulations applying to the mining sector; and
3. WHS regulations applying to petroleum and geothermal energy operations.

Regional Services Review

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking public comment on its Regional Services Review. The review outlined proposals for improving DMIRS services to regionals areas of WA.

Public comment period closed 5pm 28 October 2019.

Feedback should be sent to customerservice@dmirs.wa.gov.au using the template provided.

Guide for development and submission of a diving safety management system – DRAFT

Guide for development and submission of an offshore facility safety case – DRAFT

Guide for development and submission of a pipeline management plan – DRAFT

Guide for development and submission of a safety case – DRAFT

Guide for development and submission of a safety management system – DRAFT

Submissions closed at 5.00 pm WST, Friday 23 August 2019

For more information please contact safetycomms@dmirs.wa.gov.au

Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007 – DRAFT guide

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking public comment on a draft guide developed for the storage and handling of non-explosive dangerous goods in Western Australia.

This guide provided practical guidance on how to comply with the Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007, for persons who manufacture, import, supply, store or handle dangerous goods and all persons at dangerous goods sites.

A key focus of the Dangerous Goods Safety Act 2004 is the duty to minimise risk from dangerous goods. The duty to minimise risk not only applies to employers and employees but to all persons, including members of the public. This duty is placed on everyone involved with dangerous goods and goes beyond the workplace duties of the Occupational Safety and Health Act 1984 and the Mines Safety and Inspection Act 1994.

The guide applies to substances, mixtures and articles which are defined as dangerous goods under the Regulations.

Public consultation submission cover sheet and feedback template

Please submit any questions to safetycomms@dmirs.wa.gov.au

Ground control for Western Australian mining operations – DRAFT code of practice

Ground control management in Western Australian mining operations – DRAFT guideline

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking public comment on a suite of guidance materials developed for ground control at Western Australian mining operations.

The Department had prepared a draft code of practice for ground control for WA mining operations. This code of practice will assist those operating a mine to consider the geotechnical aspects for the safe design, construction, operation and closure of the mine workings for which they are responsible so they may meet their legislative obligations for occupational safety and health under the Mines Safety and Inspection Act 1994 and the Mines Safety and Inspection Regulations 1995.

In addition, the Department has developed a draft ground control management in WA mining operations guideline. It is designed for those who have control of a mine (e.g. employer, Registered Manager, Quarry Manager, Underground Mine Manager), or have operational functions and responsibilities for ground control. You should also use this guideline if you design, manufacture or supply plant that can influence ground stability or be influenced by ground movement.

For more information please contact safetycomms@dmirs.wa.gov.au

Comments closed 30 September 2018.

Response to submissions is now available:
Proposed amendments to the guidelines for mineral exploration reports on mining tenements.

Feedback should be sent to: wamex.enquiries@dmirs.wa.gov.au

Mentally healthy workplaces for fly-in fly-out (FIFO) workers in the resources and construction sectors–code of practice

A draft code of practice for mentally healthy workplaces for fly-in fly-out (FIFO) workers in the resources and construction sectors in Western Australia is being developed in response to the recommendations and findings of the Legislative Assembly Education and Health Standing Committee’s final report on the impact of fly-in, fly-out (FIFO) work practices on mental health, which was tabled on 18 June 2015.

A first round of public consultation on the draft code of practice was conducted from 16 February to 19 April 2018. The Department has responded to this feedback and is now seeking comment on the revised draft code of practice.
The draft code of practice supports a risk management approach to systematically identify and address risks, supported by leadership commitment, supportive and capable management and supervision, effective communication and consultation, and appropriate monitoring and review.

The expectation is that, while everyone has responsibilities for their own and others’ mental health and wellbeing, exposure to psychosocial hazards and factors in workplaces will be appropriately managed by employers. Controls are selected to address the workplace’s unique risk profile.

The content has been amended to more clearly communicate this intent. The aim is to reduce exposure to psychosocial hazards and risk factors for all workers, regardless of their individual health experiences.

The code is not an instructional or training document. Unless a specific action is prescribed in legislation, the code may only make recommendations. However, some of the concerns raised in the first round of public consultation are addressed in new appendices containing resources that may be used to support the risk management process.

Although specifically covering FIFO work arrangements, the code of practice may also be a useful source of information for residential and other long-distance commuting arrangements [e.g. drive-in drive-out (DIDO)] where people are working away from home.

Submissions closed 5.00 pm WST, Friday 21 September 2018

For more information please contact RSDComms@dmirs.wa.gov.au.

Anyone with an interest in modernising WA WHS laws is invited to comment on the recommendations

In July 2017 the Minister for Mines and Petroleum; Commerce and Industrial Relations, the Hon Bill Johnston MLA, formed a Ministerial Advisory Panel (MAP) to advise on the development of a single WHS Act. The MAP has now provided its advice to the Minister and prepared a report that is now available for public comment.

In addition, information sessions will be held throughout the state to provide an overview of the proposals for adopting the WHS Act and how you can provide your feedback on the proposals or any other aspect of the model WHS Act.

Public comment period closed 5pm, Friday 31 August 2018

To find out how you can register for information sessions in Katanning, Albany, Bunbury, Karratha, Port Hedland, Kalgoorlie, Geraldton, Broome or Perth metropolitan visit the website.

Draft guidance note: Environmental Performance Objectives, Environmental Performance Standards and Measurement Criteria for Petroleum Environment Plans

The department sought feedback on a draft guidance note for petroleum, geothermal and pipeline operators in Western Australia.

Submissions closed 1 August 2018

Guidance note now available: Guidance Note – Environmental Performance Objectives, Environmental Performance Standards and Measurement Criteria for Petroleum Environment Plans
Response to submissions: Guidance Note – Environmental Performance Objectives, Environmental Performance Standards and Measurement Criteria for Petroleum Environment Plans – response to submissions
For more information please email petroleum.environment@dmirs.wa.gov.au

Reporting dangerous goods incidents, and reportable and notifiable situations – DRAFT guideline

The Department sought public comment on the revised guideline. The information presented in the guideline is intended to assist all parties involved with dangerous goods to understand their duty in regards to reporting.

Submissions closed 25 July 2018
 
Please reference the page number when making specific comments and, if applicable, suggest alternative wording.

Please provide feedback to SafetyComms@dmirs.wa.gov.au

Proposed royalty related amendments to Mining Regulations 1981

The Department of Mines, Industry Regulation and Safety (DMIRS) sought stakeholder feedback on its proposed changes to the wording of Regulation 86 in the Mining Regulations 1981.

Submissions closed 20 July 2018

Please email your feedback to royalty.returns@dmirs.wa.gov.au

DRAFT Mentally healthy workplaces for fly-in fly-out (FIFO) workers in the resources and construction sectors – code of practice

The Department sought feedback on a draft code of practice for mentally healthy workplaces for fly-in fly-out (FIFO) workers in the resources and construction sectors in Western Australia.

The development of this code was in response to the recommendations and findings of the Legislative Assembly Education and Health Standing Committee
final report on the impact of fly-in, fly-out (FIFO) work practices on mental health, which was tabled on 18 June 2015.

The code is designed for those who have functions or responsibilities to manage exposure, as far as practicable, to psychosocial hazards and factors at workplaces, including the implementation of appropriate controls; strategies and programs for intervention, recovery and promotion of wellbeing; and monitoring and review (e.g. statutory reporting).

Although specifically covering FIFO work arrangements, the code may also be a useful source of information for residential and other long-distance commuting arrangements.

Submissions closed Thursday 19 April 2018.

For more information please email: RSDComms@dmirs.wa.gov.au

DRAFT Guidance note for Environmental Non-Compliances and Incidents Reporting

The Department of Mines, Industry Regulation and Safety (DMIRS) sought comments on a draft guidance note for environmental non-compliances and incidents reporting. This guidance note aims to provide advice on what constitutes an environmental incident or non-compliance and DMIRS' reporting requirements.

The guidance note replaces the guidance note titled ‘Environment Division Process for Non-compliance with Mining Act 1978 Tenement Conditions dated July 2014’. The new guidance note combines information available for mineral, petroleum and native vegetation clearing into one document and aims to provide a broad overview of the legislative requirements relevant to environmental compliance and incident reporting.

Closed 8 February 2018

Guideline now available:  Guidance Note on Environmental Non-compliance and Incident Reporting

Response to submissions:  Guidance Note on Environmental Non-compliance and Incident Reporting Summary Submission Process – Response to Comments

For more information please email: MPReformEnquiry@dmirs.wa.gov.au

Draft Form: Mining Proposal and Mine Closure Plan for Low Impact Mining Operations

The Department of Mines, Industry Regulation and Safety (DMIRS) sought feedback on this revised form which is used for the approval of small (low impact) mining operations.

It is intended that the form be available for all low impact mining operations across Western Australia.

The revised form also includes proposed minor improvement to the criteria for a low impact mining operation, recognising the low level of operational risk for small mining operations.

This form replaces the Mining Proposal for Small Operations form to align with the Guideline for Mining Proposals in Western Australia 2016

Stakeholder feedback closed on 7 February 2018.

Guideline now available:  Mining Proposal and Mine Closure Plan for Small Mining Operations

Response to submissions: 
Round 1 - Mining Proposal and Mine Closure Plan for Small Mining Operations – Response to Submissions
Round 2 - Mining Proposal and Mine Closure Plan for Small Mining Operations – Response to Submissions - Round 2

For more information please email: MPReformEnquiry@dmirs.wa.gov.au

Draft guidance note: Environmental Outcomes for Mining Proposals

Draft guidance note: Environmental Risk Assessments for Mining Proposals and Mine Closure Plans.

The Department of Mines, Industry Regulation and Safety (DMIRS) sought feedback on its draft guidance for stakeholders on environmental risk assessments and environmental outcomes.

Stakeholder feedback closed on Thursday 9 November 2017.

Guideline now available:  Guidance Note – Environmental Outcomes for Mining Proposals
Guidance Note - Environmental risk assessment for mining proposals and mine closure plans

Response to submissions:  Draft Guidance Note for environment risk assessment and environmental outcomes - Response to submissions

For more information please email: MPReformEnquiry@dmirs.wa.gov.au

DRAFT Guideline on excess tonnage for exploration

The Department of Mines and Petroleum (DMIRS) sought comments on a draft guideline about excess tonnage for exploration.

The draft follows an internal review to evaluate the excess tonnage provisions within the Mining Act 1978, the Mining Regulations 1981, and the relationship of excess tonnage to the Programme of Work process.

The provisions are intended to ensure that excess tonnage can only be requested for genuine exploration or prospecting, rather than for mining.

DMIRS has prepared this draft guideline to reinforce the need for applicants to demonstrate the excess tonnage is for prospecting or exploration only and does not interfere with the rights of others with an interest in the land.

The draft also clarifies the assessment process and requirements for applications.
When making your comments, please state your point of view clearly and be specific about which part of the guideline you are commenting on.
If you are referencing other material, please indicate the source of your information; and suggest alternative options where appropriate.

Once all submissions are considered, the Department will make a decision as to the final content of the guideline, and advise stakeholders accordingly.
Queries about the draft guideline should be sent to excess.tonnage@dmirs.wa.gov.au

The comment period closed on 2 June 2017.

Please submit your comments to excess.tonnage@dmirs.wa.gov.au

Changes to Environment Plan Summary Submission Process – for stakeholder comment

In March 2016, DMIRS implemented a revised Environment Plan (EP) Summary submission process requiring operators to submit their EP Summary document at the same time as the EP lodgement. This change to the submission process has been made to enable the public to view information regarding petroleum and geothermal activities prior to activity approval.

Submissions closed on Wednesday 30 November 2016.

Process flowchart now available: EP Summary Submission Process
Response to submissions: Environment Plan Summary Submission Process - Response to Stakeholder Comments

Draft Guideline for the Development of Petroleum and Geothermal Environment Plans in Western Australia

This draft guideline outlines the requirements for an Environment Plan in accordance with the Petroleum and Geothermal Energy Resources (Environment) Regulations 2012, the Petroleum (Submerged Lands) (Environment) Regulations 2012, and the Petroleum Pipelines (Environment) Regulations 2012.
This guideline aims to improve transparency around the expectations of DMIRS on the petroleum and geothermal industry and to provide assistance to operators in developing and gaining approval of an Environment Plan.
Once finalised, this guideline will replace the current Guidelines for the Preparation and Submission of an Environment Plan amended August 2012 and the Environmental Assessment Processes for Petroleum Activities in Western Australia amended October 2012. The current guidelines have been combined and amended to provide more detailed guidance on environment plan requirements and to clarify expectations around the approval process.

Submissions closed on Friday 15 April 2016.

Guideline now available:  Guideline for the Development of Petroleum and Geothermal Environment Plans in Western Australia
Response to submissions:    
Guideline for the Development of Petroleum and Geothermal Environment Plans in Western Australia - Response to Comments
For more information please email ep.guidelines@dmirs.wa.gov.au

Draft guideline for the development of an onshore oil spill contingency plan

Following gazettal of the Petroleum and Geothermal Energy Resources (Environment) Regulations and the Petroleum Pipelines (Environment) Regulations on 29 August 2012, petroleum operators are required to submit an Oil Spill Contingency Plan (OSCP) as part of the implementation strategy of an Environment Plan.
The regulations require the OSCP to set out details of the following:

• preparations to be made for the possibility of an oil spill
• emergency response arrangements to be implemented if an oil spill occurs
• recovery arrangements to be implemented if an oil spill occurs
• current oil spill trajectory modelling that applies to the pipeline activity.

This draft guideline aims to provide assistance in the development of onshore Oil Spill Contingency Plans to satisfy the requirements of the regulations and to meet the expectations of DMIRS. The draft guideline supports the initiative of the Reforming Environmental Regulation program by improving transparency on oil spill response requirements.

Submissions closed on Friday 4 March 2016.

Guideline now available: Guideline for the Development of an Onshore Oil Spill Contingency Plan
Response to submissions:  Guideline for the Development of an Onshore Oil Spill Contingency Plan – Response to Comments
For more information please email petroleum.environment@dmirs.wa.gov.au

Code of practice for emergency preparedness for mines in Western Australia

The Department of Mines and Petroleum sought public comment on a draft code of practice for emergency preparedness for mines in Western Australia. This code of practice has been developed by the Department in collaboration with mine operators and original equipment manufacturers (OEMs). It provides guidance on emergency response systems used in surface and underground mines and quarries and developing and evaluating safe work procedures for such systems.
The code focuses on identification of the unique risk profiles in relation to operating mines and emergency preparedness at mine sites.
It is designed to assist those involved with emergency preparedness in Western Australia to meet their legislative obligations for work health and safety under the Mines Safety and Inspection Act 1994.

The comment period is now closed.

Code of practice now available: Emergency management for Western Australian mines - code of practice - 1 Mb
Response to submissions: Emergency preparedness for Western Australian mines - draft code of practice: Response to public comment

Ventilation in Western Australian metalliferous mining operations – Draft code of practice

The Department of Mines and Petroleum sought a second round of public comment on the proposed new code of practice for ventilation in Western Australian mining operations.
Following initial public comment received in September 2016, the document has been revised and stakeholders are now invited to review the amended document.
This document is designed to provide guidance on appropriate strategies for maintaining a respirable atmosphere through the process of ventilation.

The comment period is now closed.

For more information please email: RSDComms@dmirs.wa.gov.au

Draft Partnership Guideline – for stakeholder feedback

Department of Mines and Petroleum (DMIRS) sought stakeholder feedback on the 'Partnership Guideline' developed to support its Abandoned Mines Program.
The guideline follows on from the release of the Abandoned Mines Policy and supports one of the Policy's key principles - to encourage partnerships with government bodies, community groups and businesses. The guideline aims to provide guidance to stakeholders about the processes used to select and manage abandoned mine project partnerships.

The comment period is now closed.

Guideline now available:  Partnership Guideline – Abandoned Mines Program – March 2017
Response to submissions:  Stakeholder Feedback on Partnership Guideline – Abandoned Mines Program
For more information please email: abandonedmines@dmirs.wa.gov.au

Draft Guideline for the Development of Petroleum and Geothermal Environment Plans in Western Australia

This draft guideline outlines the requirements for an Environment Plan in accordance with the Petroleum and Geothermal Energy Resources (Environment) Regulations 2012, the Petroleum (Submerged Lands) (Environment) Regulations 2012, and the Petroleum Pipelines (Environment) Regulations 2012.
This guideline aims to improve transparency around the expectations of DMIRS on the petroleum and geothermal industry and to provide assistance to operators in developing and gaining approval of an Environment Plan.
Once finalised, this guideline will replace the current Guidelines for the Preparation and Submission of an Environment Plan amended August 2012 and the Environmental Assessment Processes for Petroleum Activities in Western Australia amended October 2012. The current guidelines have been combined and amended to provide more detailed guidance on environment plan requirements and to clarify expectations around the approval process.

Submissions closed on Friday 15 April 2016.

Guideline now available: Guideline for the Development of Petroleum and Geothermal Environment Plans in Western Australia
Response to submissions: Guideline for the Development of Petroleum and Geothermal Environment Plans in Western Australia – response to comments.
For more information please email petroleum.environment@dmirs.wa.gov.au

Code of practice for ventilation in Western Australian mining operations

The Department of Mines and Petroleum sought public comment on the proposed new code of practice for ventilation in Western Australian mining operations.
This code of practice will assist those involved with the ventilation of mines in Western Australia to meet their legislative obligations for work health and safety under the Mines Safety and Inspection Act, 1994. This document is designed to provide guidance on appropriate strategies for maintaining a respirable atmosphere through the process of ventilation.
The code is designed for those with functions and responsibilities for planning, designing, implementing and maintaining ventilation systems. It may also be useful for supervisors, operations personnel, designers and safety and health representatives who need to understand the hazards associated with the provision of an acceptable standard of ventilation in a mining environment.

The comment period is now closed.

For more information please email: RSDComms@dmirs.wa.gov.au

Regulatory Impact Statement on Work Health and Safety (Resources and Major Hazards) Regulations – industry feedback sought

The Department has engaged Marsden Jacob Associates to independently manage the RIS consultation process on the proposed consolidated Work Health and Safety (Resources and Major Hazards) Regulations. The consultation paper and further information about how to contribute to the process are available on the Marsden Jacob website.

The submission period is now closed.

Any queries or concerns should be directed to Alex Marsden on (08) 9324 1785 or whs@marsdenjacob.com.au.

Draft dangerous goods transport risk assessment template

The Department of Mines and Petroleum sought public comment on a draft dangerous goods transport risk assessment template. This template is designed to assist transport companies in assessing the risk posed by transport activities of packaged dangerous goods and placardable units.
The template focuses primarily on:

• physical hazards of dangerous goods packages and the consolidation of goods onto trailer and into freight containers
• itemising inherent risks associated with the nine classes of dangerous goods, from the perspective of the hazards confronting the carrier
• examining the consignment system and procedural aspects of transport, including activation of a company's transport emergency response plan

Submissions on the draft guideline closed 12 noon, Friday 27 May 2016.

Template now available: Dangerous goods transport hazard overview - template - 306 Kb

Draft Guidance - Materials Characterisation Baseline Data Requirements for Mining Proposals

This draft guidance outlines the Materials Characterisation Baseline Data Requirements for Mining Proposals.
Materials characterisation identifies the physical and geochemical properties of materials to see if they have the potential to cause environmental harm or impact on the success of rehabilitation and closure.  Effective materials characterisation helps ensure that the environmental risk assessment is appropriately informed and assists in the cost-effective operation and closure of a mine. The draft guidance provides examples of how suitable materials characterisation can be achieved.

Stakeholder feedback closed on Friday 29 April 2016.

For more information please email mpreformenquiry@dmirs.wa.gov.au

Draft guideline for the development of an onshore oil spill contingency plan

Following gazettal of the Petroleum and Geothermal Energy Resources (Environment) Regulations and the Petroleum Pipelines (Environment) Regulations on 29 August 2012, petroleum operators are required to submit an Oil Spill Contingency Plan (OSCP) as part of the implementation strategy of an Environment Plan.
The regulations require the OSCP to set out details of the following:

• preparations to be made for the possibility of an oil spill
• emergency response arrangements to be implemented if an oil spill occurs
• recovery arrangements to be implemented if an oil spill occurs
• current oil spill trajectory modelling that applies to the pipeline activity.

This draft guideline aims to provide assistance in the development of onshore Oil Spill Contingency Plans to satisfy the requirements of the regulations and to meet the expectations of DMIRS. The draft guideline supports the initiative of the Reforming Environmental Regulation program by improving transparency on oil spill response requirements.

Submissions closed on Friday 4 March 2016.

Guideline now available: Guideline for the Development of an Onshore Oil Spill Contingency Plan
dmirs responses to the comments/questions received during the consultation period: Guideline for the Development of an Onshore Oil Spill Contingency Plan
For more information please email petroleum.environment@dmirs.wa.gov.au

Draft guideline groundwater monitoring in the onshore petroleum and geothermal industry

The Department of Mines and Petroleum (DMIRS) and the Department of Water (DoW) have worked in collaboration over the past two years to develop draft guidelines for Groundwater Monitoring in the Onshore Petroleum and Geothermal Industry.
This draft guideline aims to provide assistance to petroleum and geothermal operators in developing effective baseline groundwater monitoring programs and includes guidance on:

• activities requiring groundwater monitoring
• review of existing information
• designing a monitoring program
• interpreting monitoring data
• provision of information to DMIRS and DoW.

The draft guideline supports the initiative of the Reforming Environmental Regulation program by improving transparency around the expectations of DMIRS on baseline groundwater monitoring for the petroleum and geothermal Industry.
In September 2015, the draft guideline was sent to the representatives of the Interagency Working Group on Shale and Tight Gas and the Science Needs Working Group for review and comment. Following integration of the comments and recommendations from the above-mentioned working groups, the guidelines are now available for public comment and open for a period of eight weeks.

Submissions closed on Friday 4 March 2016.

Guideline now available: Guideline for Groundwater Monitoring in the Onshore Petroleum and Geothermal Industry.
Response to submissions: Guideline for Groundwater Monitoring in the Onshore Petroleum and Geothermal Industry - Response to Comments.
For more information please email petroleum.environment@dmirs.wa.gov.au

Procedure for Declining and Refusing Environmental Applications - draft for public consultation

The Department of Mines and Petroleum's (DMIRS) Reforming Environmental Regulation program was reviewing its approach and practices to declining/refusing environmental applications to ensure that they are aligned with the principles of best practice environmental regulation.

In practice, DMIRS does not decline or refuse a high percentage of applications or submissions. In most circumstances DMIRS will work with applicants to adapt these documents so that they can be approved and accepted under the relevant legislation without an unacceptable impact on the environment.

DMIRS recognises that declining or refusing an application will have both direct and indirect impacts to the applicant. Therefore, stakeholders are encouraged to submit comments to the draft procedure during the consultation period.

Submissions closed on 31 January, 2016.
Electronic submissions are preferred, and can be submitted to: reform@dmirs.wa.gov.au with the subject line "Declining and refusing environmental applications stakeholder feedback"

If you have any queries regarding the proposal, please contact:
Ian Mitchell, Team Leader, Operations on 9222 3441.

Public comment sought for proposed outline of new guideline on working in remote or isolated areas

The Department of Mines and Petroleum sought public comment on the proposed structure and content for a new publication Working in remote or isolated areas – guideline.

This guideline will assist mining and exploration operations to develop safe systems of work for individuals and groups working remotely or in isolation away from readily accessible infrastructure and support services.

The comment period closed noon Friday 29 January 2016.

Contact RSDComms@dmirs.wa.gov.au for further information.

Guideline for Mining Proposals

The new ‘Guideline for Mining Proposals in Western Australia’ released in April 2016 implemented a new risk and outcome based framework. The Guideline also makes the transition to a ‘One Mining Proposal’ model; where each mine site (Environmental Group Site) has only one mining proposal that is updated over time as required.  This framework ensures that regulatory effort is targeted and proportionate in order to protect environmental values in an effective, efficient and timely.

The comment period is now closed.

October 2014

October 2015

From 1 January 2017 all new mining operations must submit a mining proposal in accordance with the 2016 Guideline.
Guideline formally released June 2016.
Guideline to Mining Proposals in Western Australia – April 2016

Consultation Papers
Mining Proposal Reform Discussion paper for public consultation – September 2014

Response to Submissions
Submissions received on the Mining Proposal Reform Discussion Paper - November 2014
Draft Guidelines for Mining Proposals in Western Australia – September 2015

Response to Submissions
Response to submissions on the Draft Guidelines for Mining Proposals in Western Australia - Proposed Amendments – September 2015

Abandoned Mines Policy - draft for public consultation

The policy ensures a consistent approach is available to:

• collect abandoned mine site information;
• prioritise sites for gazetting; and
• manage and/or rehabilitate abandoned mine sites.

Feedback closed 5.00pm, Friday 11 September 2015.

Guideline now available:  Abandoned Mines Policy – January 2016
Response to submissions:  Abandoned Mines Policy For Stakeholder Comment – Response to Submissions
For more information about Abandoned Mines Policy.

Isolation of hazardous energies associated with plant in Western Australian mining operations – DRAFT guideline

The guideline aims to assist mining operations to develop safe systems of work for fixed and mobile plant. It is structured to support a risk management approach to the isolation of hazardous energies.

Feedback closed noon, Friday 11 September 2015.

This guideline is now available: Isolation of hazardous energies associated with plant in Western Australian mining operations.

Regulatory Impact Statement on Work Health and Safety (Resources) Bill – industry feedback sought

The Department has engaged Marsden Jacob Associates to independently manage the RIS consultation process on the proposed consolidated Work Health and Safety (Resources) Bill.

Submissions closed 5.00pm WST on Friday 14 August 2015.

N/A

Low Impact Authorised Activities Framework - draft for public consultation

DMIRS recognises that small areas of disturbance can be managed with no environmental impact and that many of these activities do not need an individual environmental assessment. The sorts of activities considered to be potentially low-impact are those associated with prospecting and minor changes to existing projects (like adding additional dongas to an accommodation camp). DMIRS is proposing to make some activities eligible for an automated online assessment process.
The process will be:

• proponent will complete an online lodgment containing:
• spatial details of the planned activity (location and size)
• duration of the planned activity
• evidence of authorisation to conduct the activity (tenement holder or authorised other)
• multiple notifications may be made, on the proviso that disturbance is maintained below a threshold (to be determined) and that previous low-impact activity areas have been rehabilitated.
• No fees will be charged for notifications.

Submissions closed 5.00pm on 28 May 2015.

The Low-Impact Authorised Activities Framework will come into force once the Mining Act Amendment Bill 2015 and relevant supporting amended Regulations are in effect.
Proposed Low Impact Authorised Activities Framework for prospecting and exploration under amendments to the Mining Act 1978 – for stakeholder comment – 2 April 2015
Response to Submissions
Proposed Low Impact Authorised Activities Framework for prospecting and exploration under amendments to the Mining Act 1978 -  Response to Submissions – December 2015

Using the feedback received, DMIRS developed a policy position paper detailing a revised list of criteria.
Proposed Low-Impact Activity Framework Prospecting and Exploration Draft Policy Position Paper – December 2015

Cost Reflective Pricing Options for Environmental Regulation of the Mining Act 1978

DMIRS identified that the required funding to deliver future environmental regulatory services would exceed existing levels of government appropriation and would necessitate DMIRS to both pursue efficiencies in its regulation and identify potential funding options; and would include consideration of the introduction of industry-based fees.
It was recognised that the expansion of cost reflective pricing for environmental regulation of the Mining Act 1978 would have a direct cost impact on mining companies and explorers, however the financial impacts were proposed to be offset by reductions in red-tape which was estimated to save the mining industry approximately $32m annually.

20 October 2014

The comment period is now closed.

From submissions received, DMIRS recognised that industry is generally opposed in principle to the introduction of fees.
Cost Reflective Pricing Options – Environmental Regulation of the Mining Act 1978 – Discussion Paper – September 2014
Response to Submissions
Response to Submissions – Cost Reflective Pricing Options - Environmental Regulation of the Mining Act 1978 – Discussion Paper – December 2014

Proposed Amendments to Mining Legislation / Mining Legislation Amendment Bill 2015

Proposal for a number of amendments to environmental requirements under the Mining Act 1978, Mining Regulations 1981, Mining Rehabilitation Fund Act 2012 and the Mining Rehabilitation Fund Regulations 2013.
The proposed amendments forming the Mining Legislation Amendment Bill 2015 are intended to facilitate greater transparency, streamline the approvals processes and strengthen compliance with the legislation.  The consultation paper explains these amendments.
Submissions received
Submission No: 001: Cement Concrete and Aggregates Australia
Submission No: 002: Holcim Australia
Submission No: 003: Department of Parks and Wildlife
Submission No: 004: Australian Mining and Exploration Companies Inc.
Submission No: 005: Conservation Council WA Inc.
Submission No 006: Department of Water
Submission No: 007: Rio Tinto Iron Ore
Submission No: 008: Chamber of Minerals and Energy
Submission No: 009: The Australian Mining Petroleum Law Association

27 September 2013

The comment period is now closed.

Consultation Paper – Proposed Amendments to the Mining Legislation – 27 August 2013
Response to Submissions
Response to Submissions on the DMIRS consultation paper – Proposed Amendments to the Mining Legislation – October 2013

Closed

For any queries please contact