Statutory Penalties Review

The Department of Mines and Petroleum (DMP) is Western Australia’s lead agency in attracting private investment in resource exploration and development.

DMP has primary responsibility for regulating the mining, petroleum and geothermal industries as well as dangerous goods in Western Australia. DMP collects resource royalties on behalf of the State Government and is responsible for safety, health and environmental regulation on mine sites within the State.

DMP is responsible for assisting the Minister for Mines and Petroleum in the administration of a range of legislation. DMP wishes to ensure that its legislative framework is effective in securing compliance with the range of regulatory requirement on individuals and companies operating within the resources sector in Western Australia.

DMP requires a detailed review of key portfolio legislation to assess the appropriateness of the structure, type and level of penalties contained. The existing penalty structures, type and level of penalties are to be assessed against leading practices in legislation in Australia and internationally. The review is to contain recommendations as to leading regulatory practice applicable to the resources sector in Western Australia.

The successful Respondent will prepare, in consultation with departmental officers, a ‘DMP Penalties Discussion Paper’ (the discussion paper) incorporating the knowledge gained and setting out a range of matters for comment by the public and key stakeholders.

It is intended that the outcome of the review will be a DMP Penalties Policy that can be used to assess the appropriate structure and level of penalties in the future and to form a basis for future regulatory reform projects.