Closed consultations - DEMIRS

Mining Amendment Bill 2024

Attachments:
Information Sheet – Mining Amendment Bill 2024

Consultation Draft – Mining Amendment Bill 2024

The Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) is seeking public comment on the Mining Amendment Bill 2024

These draft amendments seek to:

• remove contemporaneity requirements for supporting documents (such as mineralisation reports for mining lease applications) to accompany applications;
• delete obsolete requirements for the Warden to forward to the Minister maps and notes of evidence;
• clarifying requirements for supporting statements for exploration licences and mining leases;
• updating the assessment requirements for mineralisation reports;
• expanding the definition of ‘mining tenement document’ to facilitate electronic lodgements;
• creating a power to make regulations that prescribe ways of complying with requirements for a fee or other consideration to accompany an application;
• an amendment to s 116(2) strengthening the security of title and the integrity of the register of mining title; and
• validation of pending applications that may not have complied with prescribed requirements.

Submissions will be made available to the public in a consultation summary, including verbatim comments and submitter names (organisation or individual).

All queries can be sent to: RTD.Consultation@demirs.wa.gov.au

The Work Health and Safety Commission and the Mining and Petroleum Advisory Committee are inviting public submissions on the draft code of practice, Psychosocial hazards at work for fly-in fly-out workers in the resources and construction sectors.

The draft code provides guidance on the application of a risk management process to avoid or minimise the harm from psychosocial hazards and risk factors. It contains material adapted from the Mentally healthy workplaces for fly-in fly-out (FIFO) workers in the resources and construction sectors code and incorporates changes in practices brought about by the adoption of the work health and safety (WHS) legislation.

The code should be used by people who have duties to manage exposure to psychosocial hazards and risk factors in the resources and construction sectors. It is intended to apply to workplaces in Western Australia utilising fly-in fly-out, drive-in drive-out and bus-in bus-out work arrangements that are covered by the WHS legislation.

A draft code of practice Managing health and safety in employer-provided accommodation is currently being developed to supplement this code.

Unless advised by the submitter, all submissions will be collectively made available to the public in a consultation summary. Submissions will be published verbatim with the submitter listed.

Please use the Public Consultation Submission sheet to make a written submission.

All queries and written submissions can be sent via email to safetycomms@demirs.wa.gov.au

The Department of Energy, Mines, Industry Regulation and Safety has engaged a consultant to undertake an independent review of the Dangerous Goods Safety Act 2004 and regulations to:

1. identify opportunities for modernisation, restructuring and streamlining
2. consider whether it should be incorporated into Western Australia’s work health and safety legislation or remain separate
3. make recommendations on these options.

It is planned that a report on the review will be provided to the Government by the end of October 2024.

Industry representative organisations and other key stakeholders in Western Australia are being consulted directly, but other interested parties with experience working with dangerous goods and work health and safety laws are invited to provide any comments or suggestions.

The Work Health and Safety Commission is inviting public submissions on the amended draft code of practice, Managing the risks of falls in housing construction.

This Code has been revised to provide clarity on control measures that can be used in housing construction to meet requirements of the Work Health and Safety (General) Regulations 2022 in minimising the risk of a fall.

Amendments to the Code have been made to include further information on:

• planning and sequencing of framing work for fixing ceiling joints and upper level floor joists
• constructing conventional or stick roofing and the order in which framing work is done, including:
  • using working decks
  • working within reach
  • detailing methods workers can use to complete tasks not within reach but where additional height is still required
  • working above 4 metres from floor level, including the use of scaffolds, trestles, or ladders
• managing effective edge protection across various roofing tasks.

Unless advised by the submitter, all submissions may be collectively made available to the public in a consultation summary. Submissions will be published verbatim with the submitter listed.

Please use the public consultation submission sheet to make a written submission.

All queries and written submissions can be sent via email to: safetycomms@demirs.wa.gov.au

Mining Amendment Regulations 2024 – to provide for the introduction of Designated Tenement Contact (DTC) details

Attachments:

Information Sheet – Designated Tenement Contact (DTC)

Mining Amendment Regulations 2024 Consultation Draft

The Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) is seeking public comment on the Designated Tenement Contact (DTC) amendments to the Mining Regulations 1981.

These amendments:

• create a mandatory requirement for provision of Designated Tenement Contact (DTC) details;
• require applicants and holders of tenements to provide physical address details; and
• make minor administrative updates, e.g. the definition of the Australian Joint Ore Reserves Code (JORC)

Submissions will be made available to the public in a consultation summary, including verbatim comments and submitter names (organisation or individual).

All queries can be sent to:

RTD.Consultation@demirs.wa.gov.au

All written submissions can be sent to:

RTD.Consultation@demirs.wa.gov.au

WorkSafe WA is inviting public submissions on proposed amendment to the Work Health and Safety (General) Regulations 2022 and Work Health and Safety (Mines) Regulations 2022 (WHS Regulations) regarding e-cigarette use in the workplace.

The proposed amendment applies the same laws to e-cigarettes and vaping (e-cigarettes are also referred to as ‘vapes’ and the use as ‘vaping’) as those for traditional tobacco products (e.g. cigarettes, cigars, pipes). This will:

• prohibit the use of e-cigarettes in an enclosed workplace (Note: A vehicle used for business is considered to be a workplace);
• require a sign or notice to be displayed that using e-cigarettes are prohibited at the workplace;
• enable WorkSafe inspectors to request people to stop using an e-cigarette in a workplace;
• protect the health and safety of workers and others at a workplace from the smoke, aerosol or vapour released by e-cigarettes through vaping; and
• impose penalties for e-cigarette use in an enclosed workplace.

Unless advised by the submitter, all submissions will be collectively made available to the public in a consultation summary. Submissions will be published verbatim with the submitter listed

WorkSafe Petroleum Safety and Dangerous Goods is inviting public submissions on the draft code of practice: Minimising the risks of tyre fires when transporting ammonium nitrate explosion risk goods.
The draft code of practice provides general guidance to assist employers and employees involved in the transport of ammonium nitrate explosion risk goods to minimise risk and meet their duty of care on roads in Western Australia.

Unless advised by the submitter, all submissions will be collectively made available to the public in a consultation summary. Submissions will be published verbatim with the submitter listed.

The Department of Energy, Mines, Industry Regulation and Safety sought feedback from stakeholders on proposed amendments to the Mining Regulations 1981 to prescribe the requirements of the Eligible Mining Activity (EMA) Framework.  

The EMA Framework is a new form of authorisation for certain minimal disturbance and low impact activities. Under the EMA framework tenement holders will receive automatic authorisation to undertake eligible activities by submitting an EMA notice. 

The criteria for what constitutes an EMA, along conditions of approval are provided for in the draft Regulations. 

An information sheet has been developed to assist stakeholders with interpreting the regulations.

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 Energy, Mines, Industry Regulation and Safety sought feedback from stakeholders on the draft Mine Closure plan (MCP) Guideline. 

The MCP guidance has been revised in conjunction with the recent release of the Mining Development and Closure Proposal (MDCP) Guideline, to ensure the documents align and duplication is reduced.

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 Mining Development and Closure Proposal Guideline

Draft Small Operations Mining Development and Closure Proposal Pro forma

The Department of Energy, Mines, Industry Regulation and Safety sought feedback from stakeholders on the draft Mining Development and Closure Proposal (MDCP) guideline and Small Operations MDCP Pro forma.

A MDCP will be a single application document that only captures information required for assessment of a proposed mining operation. The draft guidance provides information to assist applicants in preparing a MDCP.

The department has also prepared a FAQ document to provide further information.

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 Energy, Mines, Industry Regulation and Safety sought public feedback on disability, accessibility and inclusion, including comments on its current Disability Access and Inclusion Plan (DAIP) 2019 – 2023 and responses to the DAIP Feedback Survey.

This consultation will inform the development of a new DAIP 2024 – 2029, which aims to improve access to our information, facilities, events, employment and services. It will benefit people with disability, the elderly, carers, families of people with disability, and people from culturally and linguistically diverse backgrounds.

The department will provide a consolidated response to submissions received.

This plan is available, upon request, in alternative formats including large print, hard copy, electronic format, audio or Braille.

Review of Standard Conditions for Mining Tenements

Guidance Statement – Use of ‘No Mining’ conditions under the Mining Act 1978

Guidance Statement – Excision of areas of land upon the grant of an application for Exploration Licence

The Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) is seeking public comment on:

•  the review of Standard Conditions for Mining Tenements; and
• two guidance statements following the Supreme Court decision Blue Ribbon Mines Pty Ltd v Roy Hill Infrastructure Pty Ltd [2022] WASC 362.

The conditions review aims to ensure tenure-related standard conditions remain robust, effective, and enforceable. It also seeks to remove duplicate, redundant and one-off or specific conditions that no longer serve a purpose, and conditions which replicate protections afforded by legislation.

It is intended, subject to the consultation process and subsequent approvals, that the ‘no mining’ conditions proposed in the guidance statement will be added to standard conditions.

A list of current endorsements and conditions can be found here.

An in-person public information session will be held at 2.00pm Wednesday 6 December 2023, at 1 Adelaide Terrace in East Perth.

A Microsoft Teams public information session will be held at 10.00am on Thursday 7 December 2023.

Please advise if you will attend the in-person or Microsoft Teams session by emailing RTD.Consultation@demirs.wa.gov.au.

All submissions are public. Submissions will be collectively published and made available to the public in a consultation summary. Submissions will be published verbatim, with the submitter listed.

Response to submissions - Review of Standard Conditions for Mining Tenements

Response to submissions - Guidance statement – Use of
‘No Mining’ conditions under the
Mining Act 1978

Response to submissions - Guidance statement – Excision of areas of land upon the grant of an application for exploration licence

All queries can be sent by email to RTD.Consultation@demirs.wa.gov.au  

Draft Policy - Decommissioning of petroleum and geothermal energy property, equipment and infrastructure in Western Australian onshore areas and State coastal waters

Draft Guideline - Decommissioning of petroleum and geothermal energy property, equipment and infrastructure in Western Australian onshore areas and State coastal waters

The Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) is seeking feedback from stakeholders on the Draft Decommissioning of petroleum and geothermal energy property, equipment and infrastructure in Western Australian onshore areas and State coastal waters policy and guideline.  

The policy and guideline build upon the previous Decommissioning Discussion Paper published in September 2022 and seek to establish Government’s expectations with respect to decommissioning as well as provide clear guidance to registered holders on their decommissioning and rehabilitation obligations. 

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

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

Response to submissions

Final published policy

Final published guideline

The Department of Mines, Industry Regulation and Safety (DMIRS) is inviting public submissions on the proposed amendment to the Mining Regulations 1981 to introduce a prescribed fee for lodgement of objections under the Mining Act 1978.

The proposed amendment is to introduce a $859 fee. The amount of the prescribed fee will be finalised following consultation. It is expected the fee will be included in the annual review of fees and charges for the 2024-25 financial year and will come into effect on 1 July 2024.

All submissions are public. Following the consultation period, submissions will be published in a response to submissions document. Submissions will be published verbatim, with the submitter listed.

Parties wishing to engage with DMIRS regarding the proposed fee can request a meeting by emailing RTD.Consultation@demirs.wa.gov.au

All queries can be sent by email to RTD.Consultation@demirs.wa.gov.au  

Summary report of submissions for Fee for Objections.

This draft code of practice has been developed by the Commission for Work Health and Safety (the Commission) under the Work Health and Safety Act 2020 (the WHS Act).

The WHS Act provides for the approval, variation, and revocation of codes of practice by the Minister. Under section 275 of the WHS Act, the Minister may only approve a code of practice if it was developed by a process that involves consultation between the unions and employer organisations.

This draft code of practice is intended to assist a person conducting a business or undertaking (PCBU) to manage electrical risks in the workplace. It applies to all workplaces where a PCBU has management or control of electrical equipment, including electrical installations.  The draft code provides guidance on the risk management process, specific electrical hazards and controls, working de-energised, working near energised electrical parts, work in roof spaces, tools and equipment, high-voltage electrical work and electricity in mines.

While this draft code provides general guidance and will assist a PCBU in meeting their obligations under the WHS Act, electrical work is covered under the Electricity (Licensing) Regulations 1991 (ELR) and regulated by Building and Energy. Any PCBU or worker conducting electrical work must comply with the requirements of the ELR and guidance material developed by Building and Energy.

The draft Managing naturally occurring radioactive material (NORM) in mining and mineral processing: Guide (NORM-II) has been developed by the Mining and Petroleum Advisory Committee (MAPAC).

• NORM 1 Applying the system of radiation protection to mining operations: Guideline, Appendix B (Radiation Safety Officer requirements);
• NORM 2.1 Preparation of a radiation management plan – exploration: Guideline; and
• NORM 2.2 Preparation of a radiation management plan – mining and processing: Guideline. 

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.

Discussion Paper: Mining Development and Closure Proposals and Approvals Statements

Response to submissions

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.

Draft Guidelines – Marking out for conversion applications under section 105(2) of the Mining Act 1978

Response to Submission

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.

Petroleum Legislation Amendment Bill (B) 2023

Response to Submission

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 

Response to Submissions

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@demirs.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@demirs.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 - 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@demirs.wa.gov.au 

Email any comments or feedback to REC.Consultation@demirs.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 seek 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

The Department of Mines, Industry Regulation and Safety (DMIRS) was seeking comment from stakeholders on the revised draft Guideline for the Development of Petroleum, Geothermal and Pipeline Environment Plans in Western Australia.
The document, which will be available on the department’s website for public consultation for 12 weeks, amalgamates the following existing guidance material:

• 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@demirs.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. 

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@demirs.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@demirs.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 seek 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 seek 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.

The Department of Mines, Industry Regulation and Safety (DMIRS) was inviting public comment on draft templates created to assist petroleum titles holders completing their mandatory annual assessment reports.

The templates offer guidance on the information titleholders 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 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.

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@demirs.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.

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

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@demirs.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.

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@demirs.wa.gov.au

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.

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.

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.

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.

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@demirs.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

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@demirs.wa.gov.au