Department of Water and Environmental Regulation (DWER) and Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) document hierarchy.
The Department of Water and Environmental Regulation (DWER) and Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) release and maintain a range of documents on how agencies apply regulation in Western Australia.
DWER and DEMIRS have adopted a consistent document hierarchy model for mining environmental approvals documents, classifying them into four categories: legislation, policy, guidelines and procedures.
The hierarchy distinguishes between documents that specify:
- mandatory requirements
- those that provide high-level departmental policy positions
- those that provide guidance or procedural information on technical and legal matters and the work of the agency.
Legislation
Show moreLegislation includes primary Acts and subsidiary legislation such as regulations, rules and legislative instruments.
State Government agencies are required to:
- consider and apply applicable laws in decision-making processes
- act only within their powers, or the decisions they make may be considered invalid.
Stakeholders must comply with all applicable legislation. Those that do not may be penalised.
Document | Responsible agency | Document Review Schedule |
|---|---|---|
DocumentEnvironmental Protection Act 1986 | Responsible agencyDWER | Document Review Schedule
|
DocumentRights in Water and Irrigation Act 1914 | Responsible agencyDWER | Document Review Schedule
|
DocumentContaminated Sites Act 2003 | Responsible agencyDWER | Document Review Schedule
|
DocumentMining Act 1978 | Responsible agencyDEEMIRS | Document Review Schedule
|
DocumentOffshore Minerals Act | Responsible agencyDEMIRS | Document Review Schedule
|
DocumentStatutory Guidelines for Mining Proposals in Western Australia (2020) | Responsible agencyDEMIRS | Document Review Schedule 2022-23 |
DocumentStatutory Guidelines for Mine Closure Plans in Western Australia (2020) | Responsible agencyDEMIRS | Document Review Schedule 2022-23 |
Policy
Show morePolicy outlines the key principles, objectives, outcomes and measures that establish an agency’s approach to a particular issue. Policies must be consistent with the administered legislation.
State Government agencies develop and apply policies to interpret and apply applicable laws into decision-making processes. When an agency makes a decision that deviates from its policy, it must give its reasons in decision-making documents.
| Document | Responsible agency | Document Review Schedule |
|---|---|---|
| DocumentWA Environmental Offsets Policy | Responsible agencyWA Government | Document Review Schedule
|
| DocumentOur regulatory approach | Responsible agencyDWER | Document Review Schedule
|
| DocumentSection 5C licence tenure (2019) | Responsible agencyDWER | Document Review Schedule 2024 |
| DocumentUse of mine dewatering surplus (2020) | Responsible agencyDWER | Document Review Schedule 2024 |
| DocumentUse of operating strategies in the water licensing process (2020) | Responsible agencyDWER | Document Review Schedule 2024 |
| DocumentOperational policy no. 5.12 – Hydrogeological reporting associated with a groundwater well licence (2009) | Responsible agencyDWER | Document Review Schedule 2024 |
| DocumentOperational Policy 5.10 – Managing breaches of the Rights in Water and Irrigation Act 1914 on watercourses in Western Australia (2010) | Responsible agencyDWER | Document Review Schedule 2024 |
| DocumentGiving an undertaking to grant a water licence or permit (2020) | Responsible agencyDWER | Document Review Schedule 2024 |
| DocumentEnvironmental Objectives Policy for Mining (2020) | Responsible agencyDEMIRS | Document Review Schedule 2022-23 |
Guidelines
Show moreGuidelines outline how legislation or policy should be applied, implemented and interpreted.
State Government agencies develop guidelines to identify how requirements are administered in line with policy objectives and legislation.
Procedures
Show moreProcedures outline the steps to be followed to achieve a specific outcome, or as part of a decision-making process.
State Government agencies use procedures to explain how:
- agencies undertake certain processes
- stakeholders should complete certain processes.
| Document | Responsible agency | Document Review Schedule |
|---|---|---|
| DocumentProcedure: Prescribed premises works approvals and licences | Responsible agencyDWER | Document Review Schedule 2024 |
| DocumentProcedure: Native vegetation clearing permits | Responsible agencyDWER | Document Review Schedule 2024 |
| DocumentProcedure: Water licences and permits | Responsible agencyDWER | Document Review Schedule 2024 |
| DocumentEnvironmental Applications – Administrative Procedures (2020) | Responsible agencyDEMIRS | Document Review Schedule 2023-24 |
Administrative Agreement
Show more| Document | Responsible agency | Document Review Schedule |
|---|---|---|
| DocumentAdministrative Agreement | Responsible agencyDEMIRS and DWER | Document Review Schedule2026 |
