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 |
|---|---|---|
| Environmental Protection Act 1986 | DWER |
|
| Rights in Water and Irrigation Act 1914 | DWER |
|
| Contaminated Sites Act 2003 | DWER |
|
| Mining Act 1978 | DEEMIRS |
|
| Offshore Minerals Act | DEMIRS |
|
| Statutory Guidelines for Mining Proposals in Western Australia (2020) | DEMIRS | 2022-23 |
| Statutory Guidelines for Mine Closure Plans in Western Australia (2020) | DEMIRS | 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.
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 |
|---|---|---|
| Procedure: Prescribed premises works approvals and licences | DWER | 2024 |
| Procedure: Native vegetation clearing permits | DWER | 2024 |
| Procedure: Water licences and permits | DWER | 2024 |
| Environmental Applications – Administrative Procedures (2020) | DEMIRS | 2023-24 |
Administrative Agreement
Show more| Document | Responsible agency | Document Review Schedule |
|---|---|---|
| Administrative Agreement | DEMIRS and DWER | 2026 |
