Mining Regulations Amendment Regulations 2025 (WA)
Western Australia
Mining Act 1978 Mining Rehabilitation Fund Act 2012
Western Australia
Mining Act 1978 Mining Rehabilitation Fund Act 2012
Made by the Governor in Executive Council.
These regulations are the
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published on the WA legislation website;
(b) the rest of the regulations — on the day on which the
Mining Amendment Act 2022 section 34 comes into operation.
This Part amends the
After regulation 58A insert:
In this Part —
(a) in relation to a mining development and closure proposal — the activities in respect of which the proposal is required under section 103AL(2)(b) or (3) or 103AM(2)(b) or (3); and
(b) in relation to a mine closure plan —
(i) mining operations carried out or to be carried out on the site; and
(ii) the decommissioning of each mine on the site; and
(iii) the rehabilitation of the site;
In this Division —
(a) if the EMA is carried out on a mining tenement that is the subject of a prospecting licence, exploration licence, retention licence or miscellaneous licence — the licensee; and
(b) if the EMA is carried out on a mining tenement that is the subject of a mining lease or general purpose lease — the lessee;
(a) drilling and activities associated with drilling including, without limitation —
(i) the construction of drill pads; and
(ii) the excavation of sumps to contain and manage groundwater and fluid runoff from the drilling;
(b) excavating land to a maximum depth of 4 m, including —
(i) conducting scrape and detect operations (as defined in the
Environmental Protection (Clearing of Native Vegetation) Regulations 2004 Schedule 1 clause 1); and(ii) costeaning; and
(iii) excavating trial pits;
(c) constructing, maintaining and improving tracks providing access to a site where any activity mentioned in paragraph (a) or (b) is carried out;
(d) rehabilitation of land affected by any activity mentioned in paragraph (a), (b) or (c).
A relevant mining activity is an EMA if —
(a) it is carried out for the purpose of prospecting or exploring for minerals; and
(b) it can be carried out in conformity with the prescribed requirements set out in regulations 58E to 58I.
(1) The area of the surface of land disturbed by an EMA, when aggregated with the area of the surface of land disturbed by all other EMAs to which the same EMA notice relates, must not exceed 2 hectares.
(2) If the EMA consists of or includes excavating land (including for the purpose of constructing a drill pad) — the quantity of material excavated, extracted or removed, when aggregated with the quantity of material excavated, extracted or removed by all other excavation activity to which the same EMA notice relates, must not exceed 1 000 tonnes.
(1) In this regulation —
(2) In carrying out an EMA, the holder must not clear riparian vegetation.
(3) In carrying out an EMA, the holder must not clear trees having a trunk diameter of 300 mm or more at a height of 1 300 mm above ground level.
(4) In carrying out an EMA, the holder must apply the following principles, set out in descending order of priority —
(a) avoid clearing native vegetation;
(b) minimise the amount of native vegetation that is cleared;
(c) reduce the impact of clearing on any environmental value.
(1) In carrying out an EMA, the holder must ensure —
(a) that soil erosion and other similar land degradation is limited or avoided; and
(b) that, to the extent practicable, the quality and flow of surface water are not affected; and
(c) that intercepted groundwater and drill fluids are contained and appropriately stored.
(2) The holder must ensure that surface holes drilled in connection with an EMA —
(a) are plugged immediately after being drilled; and
(b) within 12 months after being drilled, are securely plugged underground, backfilled and mounded so as to prevent subsidence.
(3) The holder must manage open excavations associated with an EMA so as to ensure that fauna are not trapped.
(4) The holder must backfill and appropriately profile an excavation associated with an EMA so as to match the pre‑existing land profile and drainage flows.
(5) The holder must ensure that environmentally hazardous materials associated with an EMA are appropriately managed and stored so as to prevent contamination or pollution of the environment.
(6) The holder must ensure that a sample bag associated with an EMA is removed from the mining tenement —
(a) before any decay or loss of structural integrity occurs; and
(b) in any event, not later than 12 months after its initial placement.
(7) The holder must ensure that waste, rubbish, equipment and structures associated with an EMA are removed from the mining tenement or disposed of in an appropriate manner as soon as practicable and in any event within 12 months after their initial placement.
(1) In carrying out an EMA, the holder must —
(a) harvest, store and protect cleared topsoil and cleared vegetation in a manner that maintains their viability for use in rehabilitation; and
(b) within 12 months after the completion of mining and excavation activities comprised in the EMA, spread the topsoil and cleared vegetation over all cleared areas associated with the EMA.
(2) The holder must rehabilitate all land disturbance (including soil compaction) resulting from an EMA that is the subject of an EMA notice within 12 months after the completion of mining and excavation activities comprised in the EMA.
(3) The holder must ensure that a rehabilitated area associated with an EMA is safe, stable, non‑polluting and capable of supporting —
(a) a self‑sustaining ecosystem; or
(b) the use to which the area was put before the EMA was carried out.
The holder must —
(a) make and maintain records of —
(i) the location and area of land disturbed in connection with an EMA; and
(ii) the date on which the EMA affecting that land was commenced; and
(iii) the date on which the EMA affecting that land was completed; and
(iv) the date by which that land was rehabilitated;
and
(b) provide the records to the Department upon request.
(1) In this regulation —
(a) provided by the Department for this purpose; and
(b) accessed through the Department’s website.
(2) An EMA notice must be given to the Minister by electronic lodgment.
(3) A notice of completion under section 103AF(2) must be given to the Minister —
(a) by electronic lodgment; and
(b) not later than 3 months after the completion of the EMA to which the notice relates.
(1) For the purposes of this regulation —
(a) an EMA notice relates to a mining tenement if it relates to 1 or more EMAs (each a
relevant EMA ) to be carried out on land that is the subject of the tenement; and(b) an EMA notice is
active in relation to a mining tenement if —(i) it relates to the tenement; and
(ii) it has been given to the Minister; and
(iii) a notice of completion has not been given to the Minister under section 103AF(2) in relation to each relevant EMA.
(2) It is a condition of every mining tenement that the holder must not give an EMA notice relating to the tenement at a time when more than 1 EMA notice relating to the tenement is active.
(3) It is a condition of every mining tenement that the holder must not give an EMA notice relating to the tenement in any financial year in which more than 4 EMA notices relating to the tenement have already been given.
For the purposes of section 103AJ(3)(d), a programme of work must include the following information in relation to each activity proposed in the programme —
(a) the nature and scale of the activity;
(b) the location of any land on which the activity is proposed to be carried out;
(c) the nature and scale of the environmental management and rehabilitation practices that will be implemented in relation to the activity.
For the purposes of section 103AN(3)(e), a mining development and closure proposal must include the following information —
(a) a list of requirements arising under any written law or any Commonwealth Act that affect or will affect —
(i) the management strategies to be applied to minimise adverse environmental impacts and mitigate environmental risks of the relevant activities; or
(ii) the closure outcomes; or
(iii) the use or uses to which each location at which relevant activities are to be carried out will be put after the completion of the relevant activities;
(b) details of any consultation that the relevant lodging party has undertaken in relation to any of the following —
(i) the relevant activities;
(ii) the closure outcomes;
(iii) the use to which the location will be put after the completion of the relevant activities;
(c) a description of the environment that will or may be affected by the relevant activities, including —
(i) appropriate measurements of the features of that environment (the
environmental data ); and(ii) an analysis and interpretation of the environmental data;
(d) a comprehensive risk assessment, including —
(i) details of all environmental impacts and environmental risks of the relevant activities; and
(ii) an evaluation of the environmental impacts and environmental risks using a risk assessment methodology acceptable to the Executive Director, Resource and Environmental Compliance Division; and
(iii) details of the management strategies to be applied to minimise adverse environmental impacts and mitigate environmental risks; and
(iv) details of the environmental outcomes, objectives and goals to be achieved while the relevant activities are carried out (the
environmental outcomes );
(e) details of the monitoring that will be undertaken while the relevant activities are carried out to establish whether the environmental outcomes are being achieved, including —
(i) details of the monitoring methods and activities that will be employed; and
(ii) information about the timing and frequency of monitoring activities;
(f) details of the monitoring that will be undertaken after the relevant activities have ceased to establish whether the closure outcomes are being achieved;
(g) details of the use or uses to which each location at which relevant activities are carried out will be put after the relevant activities have ceased and the location has been rehabilitated.
For the purposes of section 103AR(d), a mine closure plan must include the following information —
(a) a description of the mining operations carried out or to be carried out on the site of the mining lease or miscellaneous licence;
(b) a map of the site, showing the location or locations at which the mining operations are or are to be carried out;
(c) a list of requirements arising under any written law or any Commonwealth Act that affect or will affect —
(i) the relevant activities; or
(ii) the closure outcomes; or
(iii) the use or uses to which each location at which relevant activities are to be carried out will be put after the completion of the relevant activities;
(d) details of any consultation that the relevant lodging party has undertaken in relation to any of the following —
(i) the relevant activities;
(ii) the closure outcomes;
(iii) the use to which the location will be put after the completion of the relevant activities;
(e) a description of the measures proposed to facilitate consultation while the relevant activities are being carried out;
(f) a description of the environment that will or may be affected by the relevant activities, including —
(i) appropriate measurements of the features of that environment (the
environmental data ); and(ii) an analysis and interpretation of the environmental data;
(g) a comprehensive risk assessment, including —
(i) details of risks of not achieving the closure outcomes that arise out of the carrying on of the relevant activities (
closure risks ); and(ii) an evaluation of the closure risks using a risk assessment methodology acceptable to the Executive Director, Resource and Environmental Compliance Division; and
(iii) details of the management strategies to be applied to minimise the closure risks; and
(iv) a statement of measurable criteria that can be employed in determining whether the closure outcomes have been achieved;
(h) details of the monitoring that will be undertaken while the relevant activities are carried out to establish whether the closure outcomes are being achieved, including —
(i) details of the monitoring methods and activities that will be employed; and
(ii) information about the timing and frequency of monitoring activities;
(i) a closure work programme to be undertaken after other relevant activities have ceased, including —
(i) details of tasks comprised in the relevant activities; and
(ii) a timeframe for the completion of those tasks; and
(iii) plans for the final form of landforms affected by the relevant activities; and
(iv) details of additional or alternative tasks that will be undertaken in the event of premature or temporary closure of a mine on the site; and
(v) an estimate or projection of the cost of implementing the closure work programme and an explanation of the method used to make the estimate or projection;
(m) details of the use or uses to which each location at which relevant activities are to be carried out will be put after the completion of the relevant activities.
This Part amends the
(1) In regulation 3 insert in alphabetical order:
(2) In regulation 3 in the definition of
exploration operations paragraph (b) delete “work;” and insert:
work or an EMA notice;
(3) In regulation 3 in the definition of
land under rehabilitation in paragraph (a) delete “proposal” and insert:
proposal, an EMA notice
(4) In regulation 3 in the definition of
rehabilitated land delete “proposal” and insert:
proposal, an EMA notice
N. HAGLEY, Clerk of the Executive Council
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