Mines and Petroleum Regulations Amendment (Royalty Information) Regulations 2022 (WA)
14 January 2022 GOVERNMENT GAZETTE, WA 77 MINERALS AND PETROLEUM
MP301
Mining Act 1978
Petroleum and Geothermal Energy Resources Act 1967
Petroleum (Submerged Lands) Act 1982
Mines and Petroleum Regulations Amendment
(Royalty Information) Regulations 2022
SL 2022/1
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Mines and Petroleum Regulations
Amendment (Royalty Information) Regulations 2022.
2. Commencement
These regulations come into operation as follows —
(b) the rest of the regulations — on the day after that day.
(a)
Part 1 — on the day on which these regulations are published in the Gazette;
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Part 2 - Mining Regulations 1981 amended
3. Regulations amended
This Part amends the Mining Regulations 1981.
4. Regulation 96CB inserted
After regulation 96CA insert:
96CB. Release of information to Director General of
Finance for royalties activities
(1) In this regulation
Department of Finance means the department of the
Public Service principally assisting the Minister for
Finance in the administration of the Taxation
Administration Act 2003;officer, or any other individual, who is employed or
engaged in, or who otherwise holds a position in, the
Department of Finance;Department of Finance worker means a public service the time being holding or acting in the office of chief executive officer of the Department of Finance; Minister for Finance means the Minister to whom the administration of the Taxation Administration Act 2003 is for the time being committed by the Governor; relevant information means information of the kind referred to in section 162(2)(x) of the Act, irrespective of when, as the case may be
(a)
any application or report containing the information was made or given; or
(b) the information was supplied to the Minister, a warden or an official;
14 January 2022 GOVERNMENT GAZETTE, WA 79 royalties activities
means activities done by the in anticipation of, Department of Finance workers having, or being delegated, functions for, or connected with, the administration or collection of royalties in respect of minerals.
(2) The Director General of Mines may release relevant
information to the Director General of Finance for the
purposes of, or in relation to, royalties activities.(3) If the Director General of Mines releases relevant
information under subregulation (2), a Department of
Finance worker may access, copy, use, store or disclose
the relevant information for the purposes of, or in
relation to, royalties activities.(4) Subregulation (3) authorises a Department of Finance
worker to disclose relevant information only to another
Department of Finance worker, the Minister for
Finance or another Minister.(5) An individual who is or was a Department of Finance
worker commits an offence if
(a) relevant information released by the Director General of Mines under subregulation (2) came to the individual's knowledge in the course of, or by reason of, their employment or engagement in, or their otherwise holding a position in, the Department of Finance; and (b) the individual accesses, copies, uses, stores or discloses the relevant information (i) for the purpose of personal gain; or
(ii) otherwise in a way that is not authorised under subregulation (3).
(6) A Minister to whom relevant information is disclosed
under subregulation (3) or this subregulation may
access, copy, use, store or disclose the relevant
information for the purposes of, or in relation to,
royalties activities.(7) Subregulation (6) authorises a Minister to disclose
relevant information only to another Minister.Note for this regulation: This regulation does not authorise the public release of relevant information.
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Part 3 - Petroleum and Geothermal Energy Resources
(Resource Management and Administration)
Regulations 2015 amended
5. Regulations amended
This Part amends the Petroleum and Geothermal Energy
Resources (Resource Management and Administration)
Regulations 2015.6. Regulation 94A inserted
At the end of Part 9 Division 3 insert:
94A. Release of documentary information to Director
General of Finance for royalties activities(1) In this regulation
Department of Finance means the department of the
Public Service principally assisting the Minister for
Finance in the administration of the Taxation
Administration Act 2003;officer, or any other individual, who is employed or
engaged in, or who otherwise holds a position in, the
Department of Finance;Department of Finance worker means a public service the time being holding or acting in the office of chief executive officer of the Department of Finance; Minister for Finance means the Minister to whom the administration of the Taxation Administration Act 2003 is for the time being committed by the Governor; royalties activities means activities done by the
Department of Finance in preparation for, or otherwise in anticipation of, Department of Finance workers
having, or being delegated, functions for, or connected
with, the administration or collection of royalties in
respect of petroleum.
14 January 2022 GOVERNMENT GAZETTE, WA 81
(2) The Minister may make documentary information
available to the Director General of Finance for the
purposes of, or in relation to, royalties activities.(3) If the Minister makes documentary information
available under subregulation (2), a Department of
Finance worker may access, copy, use, store or disclose
the documentary information for the purposes of, or in
relation to, royalties activities.(4) Subregulation (3) authorises a Department of Finance
worker to disclose documentary information only to
another Department of Finance worker, the Minister
for Finance or another Minister.(5) An individual who is or was a Department of Finance
worker commits an offence if
(a) available by the Minister under
documentary information that was made knowledge in the course of, or by reason of, their employment or engagement in, or their otherwise holding a position in, the Department of Finance; and (b) the individual accesses, copies, uses, stores or discloses the documentary information (i) for the purpose of personal gain; or
(ii) otherwise in a way that is not authorised under subregulation (3).
Penalty for this subregulation: a fine of $10 000.
(6) A Minister to whom documentary information is
disclosed under subregulation (3) or this subregulation
may access, copy, use, store or disclose the
documentary information for the purposes of, or in
relation to, royalties activities.
(7)
Subregulation (6) authorises a Minister to disclose documentary information only to another Minister.
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Part 4— Petroleum (Submerged Lands) (Resource Management and Administration) Regulations 2015
amended
7. Regulations amended
This Part amends the Petroleum (Submerged Lands) (Resource
Management and Administration) Regulations 2015.8. Regulation 93A inserted
At the end of Part 9 Division 3 insert:
93A. Release of documentary information to Director
General of Finance for royalties activities(1) In this regulation
Department of Finance means the department of the
Public Service principally assisting the Minister for
Finance in the administration of the Taxation
Administration Act 2003;officer, or any other individual, who is employed or
engaged in, or who otherwise holds a position in, the
Department of Finance;Department of Finance worker means a public service the time being holding or acting in the office of chief executive officer of the Department of Finance; Minister for Finance means the Minister to whom the administration of the Taxation Administration Act 2003 is for the time being committed by the Governor; royalties activities means activities done by the Department of Finance in preparation for, or otherwise
in anticipation of, Department of Finance workers having, or being delegated, functions for, or connected
with, the administration or collection of royalties in
respect of petroleum.
14 January 2022 GOVERNMENT GAZETTE, WA 83
(2) The Minister may make documentary information
available to the Director General of Finance for the
purposes of, or in relation to, royalties activities.(3) If the Minister makes documentary information
available under subregulation (2), a Department of
Finance worker may access, copy, use, store or disclose
the documentary information for the purposes of, or in
relation to, royalties activities.(4) Subregulation (3) authorises a Department of Finance
worker to disclose documentary information only to
another Department of Finance worker, the Minister
for Finance or another Minister.(5) An individual who is or was a Department of Finance
worker commits an offence if
(a) documentary information that was made available by the Minister under
subregulation (2) came to the individual's
knowledge in the course of, or by reason of,
their employment or engagement in, or their
otherwise holding a position in, the Department
of Finance; and(b) the individual accesses, copies, uses, stores or discloses the documentary information
(i)for the purpose of personal gain; or
(ii) otherwise in a way that is not authorised
under subregulation (3).
Penalty for this subregulation: a fine of $10 000.
(6) A Minister to whom documentary information is
disclosed under subregulation (3) or this subregulation
may access, copy, use, store or disclose the
documentary information for the purposes of, or in
relation to, royalties activities.
(7)
Subregulation (6) authorises a Minister to disclose documentary information only to another Minister.
V.MOLAN, Clerk of the Executive Council.
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