{"id":"mining-rehabilitation-fund-regulations-2013","name":"Mining Rehabilitation Fund Regulations 2013","slug":"mining-rehabilitation-fund-regulations-2013","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178988,"registerId":"wa-mining-rehabilitation-fund-regulations-2013-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mining Rehabilitation Fund Regulations 2013","content":"![Crest]()Western Australia\n\nMining Rehabilitation Fund Act 2012\n\nMining Rehabilitation Fund Regulations 2013\n\nWestern Australia\n\nMining Rehabilitation Fund Regulations 2013\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\nPart 2 — Mining rehabilitation levy\n\n4. Amount of levy 4\n\n5. Assessment information 5\n\n6. Matters to be specified in assessment notice 5\n\n7. Matters to be specified in reassessment notice 5\n\n8. Prescribed rate applying to penalty for non‑payment of levy 5\n\nPart 3 — Mining Rehabilitation Advisory Panel\n\nDivision 1 — Functions of Panel\n\n9. Matters in relation to which Panel may advise 6\n\nDivision 2 — Constitution and membership of Panel\n\n10. Membership of Panel 6\n\n11. Chairperson and deputy chairperson 7\n\n12. Term of office 8\n\n13. Casual vacancies 8\n\nDivision 3 — Procedure of Panel\n\n14. Code of conduct 9\n\n15. Holding meetings 9\n\n16. Presiding at meetings 10\n\n17. Quorum 10\n\n18. Voting 10\n\n19. Procedure at meetings 10\n\nPart 4 — Infringement notices\n\n20. Prescribed offence and modified penalty 11\n\n21. Authorised officers and approved officers 11\n\n22. Forms 11\n\nSchedule 1 — Rehabilitation liability categories and unit rates\n\n1. Rehabilitation liability categories and unit rates 12\n\n2. Land used under previous mining authorisation 15\n\n3. Classes of tailings or residue storage facility 16\n\n4. Classes of waste dump or overburden stockpile 17\n\n5. Classes of low‑grade ore stockpile 17\n\n6. Land on which minerals‑in‑brine abstraction trench or evaporation pond considered to be situated 18\n\n7. On‑playa and off‑playa evaporation ponds and halite/salt stockpiles 19\n\nSchedule 2 — Infringement notice forms\n\nNotes\n\nCompilation table 24\n\nDefined terms\n\n  \n\nMining Rehabilitation Fund Act 2012\n\nMining Rehabilitation Fund Regulations 2013\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Mining Rehabilitation Fund Regulations 2013*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day on which the *Mining Rehabilitation Fund Act 2012* section 37 comes into operation.\n\n##### 3. Terms used\n\nIn these regulations —\n\narea, of a mining authorisation, means the area of land to which the mining authorisation relates;\n\nassessment day, in relation to a mining authorisation and a year, means the day in that year that is nominated by the holder of the mining authorisation under regulation 5(1) in assessment information given to the CEO for that year;\n\nearthworks —\n\n(a) means any operations to move or shape land; and\n\n(b) includes the following —\n\n(i) excavating or filling;\n\n(ii) forming embankments or slopes;\n\n(iii) operations to control wind or water erosion of land;\n\n(iv) battering, contouring, reshaping, ripping, capping or rock armouring land;\n\nEMA notice has the meaning given in the *Mining Act 1978* section 103AF(1);\n\nexploration operations means operations under a mining authorisation that are —\n\n(a) directly related to exploration or prospecting for minerals; and\n\n(b) the subject of a programme of work or an EMA notice;\n\nland under rehabilitation, in relation to a mining authorisation, means land —\n\n(a) on which earthworks have been completed in accordance with the closure obligations that apply to the mining authorisation (whether under a condition of the mining authorisation, a programme of work, a mining proposal, an EMA notice or otherwise); and\n\n(b) that is not rehabilitated land;\n\nmember means a member of the Panel;\n\nminerals‑in‑brine means potash, halite or magnesium salt that is dissolved in brine;\n\nmining proposal, in relation to a mining authorisation that is a mining lease granted under the *Mining Act 1978*, means —\n\n(a) a mining proposal that accompanied the application for the mining lease under section 74(1)(ca) of that Act; or\n\n(b) a mining proposal for which there is approval as described in section 82A(2)(b) of that Act;\n\nPanel means the Mining Rehabilitation Advisory Panel established by section 33(1) of the Act;\n\nprogramme of work, in relation to a mining authorisation, means a programme of work that is approved, or with which the holder of the authorisation is required to comply, under the *Mining Act 1978* or a programme of work that is otherwise lodged with the department in connection with the mining authorisation;\n\nrehabilitated land, in relation to a mining authorisation, means land on which rehabilitation has been completed in accordance with the closure obligations that apply to the mining authorisation (whether under a condition of the mining authorisation, a programme of work, a mining proposal, an EMA notice or otherwise);\n\nrehabilitation liability category means a category specified in column 2 of the Table to Schedule 1 clause 1;\n\nrehabilitation work has the meaning given in section 10(1) of the Act;\n\nyear means a period of 12 months ending on 30 June.\n\n[Regulation 3 amended: SL 2021/63 r. 4; SL 2025/156 r. 6.]\n\n## Part 2 — Mining rehabilitation levy\n\n##### 4. Amount of levy\n\n(1) For the purposes of section 13 of the Act, the amount of levy payable in respect of a mining authorisation in a year is the amount worked out in accordance with the following formula —\n\nRLE × FCR\n\nwhere —\n\nFCR is the fund contribution rate of 1%;\n\nRLE is the rehabilitation liability estimate for the mining authorisation for the year worked out under subregulation (2).\n\n(2) For the purposes of subregulation (1), the rehabilitation liability estimate for a mining authorisation for a year is the amount obtained by —\n\n(a) for each rehabilitation liability category —\n\n(i) working out the total area of land (expressed in hectares and rounded to at least 2 decimal places) in the area of the mining authorisation that was in that category on the assessment day in that year for the mining authorisation; and\n\n(ii) multiplying the figure worked out under subparagraph (i) by the unit rate that applies to that category;\n\nand\n\n(b) adding together all of the amounts worked out under paragraph (a).\n\n(3) Despite subregulation (1), if the rehabilitation liability estimate worked out under subregulation (2) is $50 000 or less, the amount of levy payable in respect of the mining authorisation in the year is nil.\n\n(4) The rehabilitation liability categories of land in the area of a mining authorisation, and the unit rates applying to those rehabilitation liability categories, are determined in accordance with Schedule 1.\n\n##### 5. Assessment information\n\n(1) For the purposes of section 15(1) of the Act, the assessment information for a mining authorisation for a year is, for each rehabilitation liability category, the total area of land (expressed in hectares and rounded to at least 2 decimal places) in the area of the mining authorisation that was in that category on a day in that year that is nominated by the holder of the mining authorisation.\n\n(2) For the purposes of section 15(2) of the Act, assessment information must be given to the CEO on or before 30 June each year.\n\n##### 6. Matters to be specified in assessment notice\n\nFor the purposes of section 17(2)(d) of the Act, an assessment notice must specify details of how the levy amount was worked out under regulation 4.\n\n##### 7. Matters to be specified in reassessment notice\n\nFor the purposes of section 19(2)(e) of the Act, a reassessment notice must specify these matters —\n\n(a) details of how the levy amount as reassessed was worked out under regulation 4; and\n\n(b) details of how any penalty amount, or the amount of any refund, was worked out.\n\n##### 8. Prescribed rate applying to penalty for non‑payment of levy\n\nFor the purposes of section 26(1) of the Act, the prescribed rate is 20% per annum.\n\n## Part 3 — Mining Rehabilitation Advisory Panel\n\n### Division 1 — Functions of Panel\n\n##### 9. Matters in relation to which Panel may advise\n\nFor the purposes of section 33(3)(a) of the Act, the following matters relating to the administration of the Act are prescribed —\n\n(a) the identification of land that is suitable to be declared to be an abandoned mine site under section 9 of the Act;\n\n(b) the scope and prioritisation of proposed projects for rehabilitation work, including the following —\n\n(i) the development and review of general criteria for the prioritisation of those projects;\n\n(ii) the CEO’s programme for the carrying out of those projects;\n\n(iii) the scope and priority of individual projects;\n\n(c) the appropriate level of expenditure on proposed or existing projects for rehabilitation work;\n\n(d) the administration of the Fund;\n\n(e) matters to be included in financial reports relating to the Fund (other than any financial report required under the *Financial Management Act 2006*);\n\n(f) the level of the fund contribution rate for the purposes of regulation 4(1).\n\n### Division 2 — Constitution and membership of Panel\n\n##### 10. Membership of Panel\n\n(1) The Panel is to consist of 5 members appointed by the CEO in writing.\n\n(2) The members are to be persons who, in the opinion of the CEO, have skills, expertise or experience relating to at least one of the following —\n\n(a) the management of mining operations;\n\n(b) land rehabilitation practices;\n\n(c) environmental matters;\n\n(d) financial matters;\n\n(e) legal matters;\n\n(f) natural resource planning and management.\n\n(3) Before appointing a person as a member, the CEO must publish on a website maintained by the department a notice calling for expressions of interest in appointment as a member.\n\n(4) The CEO must consider expressions of interest lodged in accordance with the notice but may appoint a person as a member whether or not the person has lodged an expression of interest.\n\n(5) The CEO must give the Minister written notice of the appointment of a member.\n\n(6) The CEO must ensure that notice of the appointment of a member is published in the *Gazette*.\n\n##### 11. Chairperson and deputy chairperson\n\n(1) The CEO must designate one of the members to be the chairperson and another to be the deputy chairperson of the Panel.\n\n(2) If the chairperson is unable to act because of sickness, absence or another cause, or if there is no chairperson, the deputy chairperson is to act in the chairperson’s place.\n\n(3) An act or omission of the deputy chairperson acting in the chairperson’s place cannot be questioned on the ground that the occasion to act in the chairperson’s place had not arisen or had ceased.\n\n##### 12. Term of office\n\n(1) Subject to regulation 13(1), a member holds office for the term, not exceeding 3 years, that is specified in the instrument of appointment for the member.\n\n(2) A member is eligible for reappointment.\n\n(3) A member whose term of office expires without a person having been appointed to fill the vacancy continues in office (unless the person’s office becomes vacant under regulation 13(1)) until whichever of the following occurs first —\n\n(a) a person is appointed to fill the vacancy;\n\n(b) a period of 3 months elapses after the expiry of the term of office.\n\n##### 13. Casual vacancies\n\n(1) The office of a member becomes vacant if he or she —\n\n(a) dies; or\n\n(b) resigns the office by written notice given to the CEO; or\n\n(c) is, according to the *Interpretation Act 1984* section 13D, a bankrupt or a person whose affairs are under insolvency laws; or\n\n(d) is convicted of an offence under the Act or the *Mining Act 1978*; or\n\n(e) is convicted of an offence under a written law, or a law of the Commonwealth, another State or a Territory, the maximum penalty for which is or includes imprisonment; or\n\n(f) is removed from office under subregulation (2).\n\n(2) The CEO may, by written notice given to a member, remove the member from office on the grounds of —\n\n(a) neglect of duty; or\n\n(b) misconduct or incompetence; or\n\n(c) mental or physical incapacity to carry out the member’s duties in a satisfactory manner; or\n\n(d) absence, without leave, from 3 consecutive meetings of the Panel of which the member has had notice; or\n\n(e) a conflict of interest that would prevent the member from performing his or her duties; or\n\n(f) failure to carry out the member’s duties in accordance with the code of conduct determined under regulation 14.\n\n### Division 3 — Procedure of Panel\n\n##### 14. Code of conduct\n\n(1) The Panel must, by resolution at the first meeting of the Panel, determine a code of conduct dealing with the duties of members.\n\n(2) The code of conduct must be in writing and be made available to members.\n\n(3) Without limiting subregulation (1), the code of conduct must deal with the following —\n\n(a) the declaration of conflicts of interest by members;\n\n(b) the consequences of a conflict of interest of a member, including the circumstances in which the member is to be prevented from voting.\n\n(4) The Panel may, by resolution, amend the code of conduct.\n\n##### 15. Holding meetings\n\n(1) The first meeting of the Panel is to be convened by the chairperson and subsequent meetings, unless convened under subregulation (2), are to be held at times and places determined by the Panel.\n\n(2) A special meeting of the Panel may at any time be convened by the chairperson.\n\n(3) The Panel is to meet at least twice in each year.\n\n##### 16. Presiding at meetings\n\n(1) The chairperson, if present, is to preside at a meeting of the Panel.\n\n(2) If neither the chairperson nor the deputy chairperson acting in the chairperson’s place is presiding under subregulation (1), the members present are to appoint one of their number to preside.\n\n##### 17. Quorum\n\nThree members of the Panel constitute a quorum.\n\n##### 18. Voting\n\n(1) At a meeting of the Panel, each member present has a deliberative vote unless the code of conduct determined under regulation 14 prevents the member from voting.\n\n(2) In the case of an equality of votes, the chairperson has a casting vote in addition to a deliberative vote.\n\n(3) A question is resolved according to how the majority of votes are cast.\n\n##### 19. Procedure at meetings\n\nThe Panel may determine its own meeting procedures to the extent that they are not fixed by these regulations.\n\n## Part 4 — Infringement notices\n\n[Heading inserted: Gazette 24 Apr 2014 p. 1148.]\n\n##### 20. Prescribed offence and modified penalty\n\n(1) The offence of failing to provide assessment information under section 15(2) of the Act is an offence for which an infringement notice may be issued under the *Criminal Procedure Act 2004* Part 2.\n\n(2) For the purposes of the *Criminal Procedure Act 2004* section 5(3), the modified penalty for the offence mentioned in subregulation (1) is $4 000.\n\n[Regulation 20 inserted: Gazette 24 Apr 2014 p. 1148.]\n\n##### 21. Authorised officers and approved officers\n\n(1) The CEO may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the *Criminal Procedure Act 2004* Part 2.\n\n(2) The CEO must issue to each authorised officer a certificate identifying the officer as a person authorised to issue infringement notices.\n\n[Regulation 21 inserted: Gazette 24 Apr 2014 p. 1148‑9.]\n\n##### 22. Forms\n\nFor the purposes of the *Criminal Procedure Act 2004* Part 2, the forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms.\n\n[Regulation 22 inserted: Gazette 24 Apr 2014 p. 1149.]\n\nSchedule 1 — Rehabilitation liability categories and unit rates\n\n[r. 3 and 4(4)]\n\n1. Rehabilitation liability categories and unit rates\n\n(1) Land in the area of a mining authorisation is in the rehabilitation liability category specified in column 2 of an item in the Table if —\n\n(a) infrastructure of a kind described in column 1 of that item is situated on the land; or\n\n(b) the land is of a kind described in column 1 of that item.\n\n(2) The unit rate that applies to a rehabilitation liability category specified in column 2 of an item in the Table is the amount specified in column 3 of that item.\n\n(3) Rehabilitated land in the area of a mining authorisation is not in any rehabilitation liability category.\n\n(4) For the purposes of the Table —\n\n(a) the class of a tailings or residue storage facility is determined under clause 3; and\n\n(b) the class of a waste dump or overburden stockpile is determined under clause 4; and\n\n(c) the class of a low‑grade ore stockpile is determined under clause 5; and\n\n(d) whether an evaporation pond or halite/salt stockpile is on‑playa or off‑playa is determined under clause 7.\n\n(5) For the purposes of subclause (1), the land on which an evaporation pond or minerals‑in‑brine abstraction trench is considered to be situated is determined under clause 6.\n\nTable\n\n| **Item** | ***Column 1***<br>**Description of infrastructure or land** | ***Column 2***<br>**Rehabilitation liability category** | ***Column 3***<br>**Unit rate** |\n| --- | --- | --- | --- |\n| 1. | Tailings or residue storage facility (class 1)<br>Waste dump or overburden stockpile (class 1)<br>Heap or vat leach facility<br>Evaporation pond not associated with minerals‑in‑brine extraction<br>Dam — saline water or process liquor | A | $50 000 |\n| 2. | Tailings or residue storage facility (class 2)<br>Waste dump or overburden stockpile (class 2)<br>Low‑grade ore stockpile (class 1)<br>Plant site<br>Fuel storage facility<br>Workshop<br>Mining void (with a depth of at least 5 metres) — below ground water level<br>Landfill site<br>Diversion channel or drain<br>Dam — fresh water | B | $30 000 |\n| 3. | Low‑grade ore stockpile (class 2)<br>Sewage pond<br>Run‑of‑mine pad<br>Building (other than workshop) or camp site<br>Transport or service infrastructure corridor<br>Airstrip<br>Mining void (with a depth of at least 5 metres) — above ground water level<br>Laydown or hardstand area<br>Core yard<br>Borrow pit or shallow surface excavation (with a depth of less than 5 metres)<br>Borefield<br>Processing equipment or stockpile associated with basic raw material extraction<br>Land (other than land under rehabilitation or rehabilitated land) that is cleared of vegetation and is not otherwise described in this Table | C | $18 000 |\n| 4. | Land (other than land under rehabilitation or rehabilitated land) that has been disturbed by exploration operations | D | $2 000 |\n| 5. | Land under rehabilitation (other than land that has been disturbed by exploration operations)<br>Topsoil stockpile | E | $2 000 |\n| 6. | Minerals‑in‑brine abstraction trench<br>Evaporation pond (off‑playa) associated with minerals‑in‑brine extraction<br>Evaporation pond (on‑playa) associated with minerals‑in‑brine extraction<br>Halite/salt stockpile (off‑playa) associated with minerals‑in‑brine extraction | F | $20 000 |\n| 7. | Halite/salt stockpile (on‑playa) associated with minerals‑in‑brine extraction | G | $10 000 |\n\n\n[Clause 1 amended: SL 2021/63 r. 5.]\n\n2. Land used under previous mining authorisation\n\n(1) Despite clause 1(1), land in the area of a mining authorisation (the current mining authorisation) is to be taken not to be in any rehabilitation liability category if —\n\n(a) at any time before the grant of the current mining authorisation, another mining authorisation (the previous mining authorisation) was in force in respect of the land; and\n\n(b) under the previous mining authorisation —\n\n(i) infrastructure of a kind described in column 1 of an item in the Table to clause 1 was situated on the land; or\n\n(ii) the land was of a kind described in column 1 of an item in the Table to clause 1;\n\nand\n\n(c) any infrastructure situated on the land has not been used under the current mining authorisation; and\n\n(d) there has been no disturbance of the land as a result of activities carried out under the current mining authorisation.\n\n(2) Subclause (1) does not apply if the previous mining authorisation was in force immediately before the grant of the current mining authorisation and was held by —\n\n(a) the holder of the current mining authorisation; or\n\n(b) any person who has a legal interest in the current mining authorisation; or\n\n(c) any person who is related (as defined in the *Mining Act 1978* section 8(4)) to a person mentioned in paragraph (a) or (b).\n\n3. Classes of tailings or residue storage facility\n\nA tailings or residue storage facility that meets the criteria set out in column 1 of an item in the Table is of the class specified in column 2 of that item.\n\nTable\n\n| **Item** | ***Column 1***<br>**Criteria applying to tailings or residue storage facility** | ***Column 2***<br>**Class** |\n| --- | --- | --- |\n| 1. | Either or both of the following apply to the tailings or residue storage facility —<br>(a) its highest embankment is at least 5 metres high;<br>(b) it contains any of the following —<br> (i) fibrous minerals;<br> (ii) radioactive material;<br> (iii) material capable of generating acid and metalliferous drainage, including neutral drainage and saline drainage,<br> and management requirements imposed under a condition of the mining authorisation or under a mining proposal apply to those minerals or that material | Class 1 |\n| 2. | The tailings or residue storage facility is not of class 1 | Class 2 |\n\n\n4. Classes of waste dump or overburden stockpile\n\nA waste dump or overburden stockpile (other than a halite/salt stockpile associated with minerals‑in‑brine extraction) that meets the criteria set out in column 1 of an item in the Table is of the class specified in column 2 of that item.\n\nTable\n\n| **Item** | ***Column 1***<br>**Criteria applying to waste dump or overburden stockpile** | ***Column 2***<br>**Class** |\n| --- | --- | --- |\n| 1. | Either or both of the following apply to the waste dump or overburden stockpile —<br>(a) its highest point is at least 15 metres high;<br>(b) it contains any of the following —<br> (i) fibrous minerals;<br> (ii) radioactive material;<br> (iii) material capable of generating acid and metalliferous drainage, including neutral drainage and saline drainage;<br> (iv) erodible material that is capable of compromising the structure of the waste dump or overburden stockpile,<br> and management requirements imposed under a condition of the mining authorisation or under a mining proposal apply to those minerals or that material | Class 1 |\n| 2. | The waste dump or overburden stockpile is not of class 1 | Class 2 |\n\n\n[Clause 4 amended: SL 2021/63 r. 6.]\n\n5. Classes of low‑grade ore stockpile\n\nA low‑grade ore stockpile that meets the criteria set out in column 1 of an item in the Table is of the class specified in column 2 of that item.\n\nTable\n\n| **Item** | ***Column 1***<br>**Criteria applying to low‑grade ore stockpile** | ***Column 2***<br>**Class** |\n| --- | --- | --- |\n| 1. | Either or both of the following apply to the low‑grade ore stockpile —<br>(a) its highest point is at least 15 metres high;<br>(b) it contains any of the following —<br> (i) fibrous minerals;<br> (ii) radioactive material;<br> (iii) material capable of generating acid and metalliferous drainage, including neutral drainage and saline drainage,<br> and management requirements imposed under a condition of the mining authorisation or under a mining proposal apply to those minerals or that material | Class 1 |\n| 2. | The low‑grade ore stockpile is not of class 1 | Class 2 |\n\n\n6. Land on which minerals‑in‑brine abstraction trench or evaporation pond considered to be situated\n\n(1) In determining the land on which a minerals‑in‑brine abstraction trench is situated, the following land is to be taken into account —\n\n(a) the land on which the trench is situated;\n\n(b) the land on which any embankments are situated, except to the extent that the embankments —\n\n(i) are constructed solely from material excavated from the trench; and\n\n(ii) will be used for back‑filling the trench on completion.\n\n(2) In determining the land on which an evaporation pond not associated with minerals‑in‑brine extraction is situated, the land on which the pond floor and any embankments are situated is to be taken into account.\n\n(3) In determining the land on which an evaporation pond (off‑playa) associated with minerals‑in‑brine extraction is situated, the land on which the pond floor and any embankments are situated is to be taken into account.\n\n(4) In determining the land on which an evaporation pond (on‑playa) associated with minerals‑in‑brine extraction is situated, the following land is to be taken into account —\n\n(a) the land on which the pond floor is situated, but only to the extent that it is modified by earthworks;\n\n(b) the land on which any embankments are situated, except to the extent that the embankments consist of natural landforms.\n\n[Clause 6 inserted: SL 2021/63 r. 7.]\n\n7. On‑playa and off‑playa evaporation ponds and halite/salt stockpiles\n\nAn evaporation pond or halite/salt stockpile is —\n\n(a) on‑playa to the extent that is situated within the boundary of a playa system (including a salt lake or coastal salt pan playa system); and\n\n(b) off‑playa to the extent that is not situated within the boundary of a playa system (including a salt lake or coastal salt pan playa system).\n\n[Clause 7 inserted: SL 2021/63 r. 7.]\n\nSchedule 2 — Infringement notice forms\n\n[r. 22]\n\n[Heading inserted: Gazette 24 Apr 2014 p. 1149.]\n\n**Form 1 — Infringement notice**\n\n- *Mining Rehabilitation Fund Act 2012***INFRINGEMENT NOTICE** Infringement\nnotice no.\n- **Alleged offender** Name\n- Address\n- **Details of alleged offence** Mining authorisation\n- Date or period\n- Place\n- Written law contravened Section of the *Mining Rehabilitation Fund Act 2012*\n- Details of offence\n- **Date** Date of notice\n- **Issuing officer** Name\n- Office\n- Signature\n- **Modified penalty** $________\n- **TAKE NOTICE** It is alleged that you have committed the above offence.**If you do not want to be prosecuted in court for the offence**, pay the modified penalty to the Approved Officer within 28 days after the date of this notice.\n- **If you do not pay** the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the *Fines, Penalties and Infringement Notices Enforcement Act 1994*. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.\n- **If you need more time** to pay the modified penalty, you should contact the Approved Officer at the address below.Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case.\n- **If you want this matter to be dealt with by prosecution in court,** sign and date here:\n\n__________________________________ / /20\nand post this notice to the Approved Officer at the address below within 28 days after the date of this notice.\n- **How to pay** By post Tick the relevant box below and post this notice to:Approved Officer — *Mining Rehabilitation Fund Act 2012**[Insert address]*\n- I want to pay the modified penalty. A cheque or money order (payable to ‘Approved Officer — *Mining Rehabilitation Fund Act 2012*’) for the modified penalty is enclosed.\n- I want to pay the modified penalty by credit card. Please debit my credit card account.*[Insert details for credit card payment]*\n- In person Pay the cashier at:*[Insert address]*\n\n\n[Form 1 inserted: Gazette 24 Apr 2014 p. 1149‑50; amended: SL 2020/170 r. 4.]\n\n**Form 2 — Withdrawal of infringement notice**\n\n- *Mining Rehabilitation Fund Act 2012***WITHDRAWAL OF INFRINGEMENT NOTICE** Withdrawal no.\n- **Alleged offender** Name\n- Address\n- **Details of infringement notice** Infringement notice no.\n- Date of issue\n- **Details of alleged offence** Mining authorisation\n- Date or period\n- Place\n- Written law contravened Section of the *Mining Rehabilitation Fund Act 2012*\n- Details of offence\n- **Approved Officer withdrawing notice** Name\n- Office\n- Signature\n- **Date** Date of withdrawal\n- **Withdrawal of infringement notice***[*Delete whichever is not applicable]* The above infringement notice issued against you for the above alleged offence has been withdrawn.If you have already paid the modified penalty for the alleged offence, you are entitled to a refund.1. Your refund is enclosed.*or*\n- 2. If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to: Approved Officer — *Mining Rehabilitation Fund Act 2012* *[Insert address]*\n- **Your signature** **Date**\n\n\n[Form 2 inserted: Gazette 24 Apr 2014 p. 1151.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Mining Rehabilitation Fund Regulations 2013* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Mining Rehabilitation Fund Regulations 2013* | 21 Jun 2013 p. 2423-42 | r. 1 and 2: 21 Jun 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2013 (see r. 2(b) and *Gazette* 21 Jun 2013 p. 2445) |\n| *Mining Rehabilitation Fund Amendment Regulations 2014* | 24 Apr 2014 p. 1148‑51 | r. 1 and 2: 24 Apr 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 25 Apr 2014 (see r. 2(b)) |\n| *Mining Rehabilitation Fund Amendment Regulations 2020* | SL 2020/170 25 Sep 2020 | r. 1 and 2: 25 Sep 2020 (see r. 2(a));   Regulations other than r. 1 and 2: 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |\n| *Mining Rehabilitation Fund Amendment Regulations 2021* | SL 2021/63 21 May 2021 | r. 1 and 2: 21 May 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2021 (see r. 2(b)) |\n| *Mining Regulations Amendment Regulations 2025* Pt. 3 | SL 2025/156 28 Aug 2025 | 9 Sep 2025 (see r. 2(b) and SL 2025/152 cl. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\narea 3\n\nassessment day 3\n\ncurrent mining authorisation Sch. 1 cl. 2(1)\n\nearthworks 3\n\nEMA notice 3\n\nexploration operations 3\n\nland under rehabilitation 3\n\nmember 3\n\nminerals-in-brine 3\n\nmining proposal 3\n\nPanel 3\n\nprevious mining authorisation Sch. 1 cl. 2(1)\n\nprogramme of work 3\n\nrehabilitated land 3\n\nrehabilitation liability category 3\n\nrehabilitation work 3\n\nyear 3\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These regulations operationalise the Mining Rehabilitation Fund Act by prescribing levy calculation mechanics, land categories/unit rates, reporting and notice requirements, Panel composition and advisory matters, and enforcement procedures (see reg 4 and Sch 1). They do not expand who is liable under the Act; they set measurement, procedural and enforcement detail rather than altering the statutory scope of liability."},"complexity_factors":["Levy formula and threshold: amount determined as RLE × FCR where FCR = 1% and RLE is a multi‑line calculation; nil levy if RLE ≤ $50,000 (reg 4(1)‑(3)).","RLE measurement and rounding: RLE requires area calculations by category, expressed in hectares and rounded to at least 2 decimal places (reg 4(2); reg 5(1)).","Detailed land‑use categories and unit rates: Schedule 1 sets multiple rehabilitation liability categories and specific unit rates that materially affect levy size (Sch 1 cl 1, Table).","Classification rules: subclasses for tailings, waste dumps and stockpiles use multi‑criteria tests (height, hazardous content, management requirements) that require technical judgements (Sch 1 cl 3‑5).","Historic‑use exception: land used under a previous mining authorisation can be excluded subject to conditions and exclusions tied to related parties (Sch 1 cl 2).","Assessment, notice and reassessment requirements: holders must nominate an assessment day and supply assessment information by 30 June; assessment and reassessment notices must disclose calculation details (regs 5, 6, 7).","Administrative discretion and governance: CEO appoints Panel members, designates chair/deputy, publishes calls for expressions of interest but may appoint outside them, and may remove members for multiple grounds (regs 10(1),(3)‑(6); 11; 13(2)).","Panel role and influence: the Panel advises on identification/prioritisation of projects, expenditure levels, Fund administration and even the fund contribution rate — giving advisory influence over budgets and priorities (reg 9(a)‑(f)).","Compliance and enforcement: prescribed penalty rate for unpaid levy is 20% p.a. (reg 8); failing to provide assessment information carries an infringement notice with a $4,000 modified penalty and authorised officers issue notices (regs 20, 21).","Operational detail and procedures: meeting rules, code of conduct, quorum and voting rules create procedural requirements for advisory governance (regs 14‑19), increasing administrative compliance tasks."],"plain_english_summary":"These regulations set how the Mining Rehabilitation Fund levy is calculated and collected in Western Australia: they fix a 1% fund contribution rate, prescribe how to estimate rehabilitation liability using land‑use categories and unit rates, require annual assessment reporting, and create an advisory Panel plus infringement penalties. They affect holders of mining authorisations (who pay and report), the CEO (who administers, issues notices and appoints the Panel), and authorised officers enforcing compliance. The rules change payment amounts, reporting burdens, and administrative discretion."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations remain focused on their original purpose: operationalising the Mining Rehabilitation Fund Act 2012 by setting levy rates, assessment procedures, and advisory panel governance. While amendments have added detail (particularly around minerals-in-brine operations in 2021 and infringement notices in 2014), these expand the technical implementation rather than shifting the fundamental scope. The core mechanism—calculating levies based on disturbed land categories—has remained consistent since commencement."},"complexity_factors":["Multiple cross-references to the Mining Rehabilitation Fund Act 2012 and Mining Act 1978, requiring readers to flip between statutes","Detailed mathematical formula for levy calculation (RLE × FCR) with nested definitions requiring step-by-step computation","Schedule 1 contains a complex categorisation table with 7 rehabilitation liability categories (A-G) and specific criteria for classifying infrastructure (Classes 1 and 2 for tailings, waste dumps, and stockpiles)","Exception to the general rule in clause 2 of Schedule 1 regarding land used under previous mining authorisations, with its own exception (subclause 2) creating a double-negative structure","Technical mining terminology throughout (e.g., 'acid and metalliferous drainage', 'on-playa vs off-playa', 'minerals-in-brine') requiring industry-specific knowledge","Conditional logic for determining land area calculations in clause 6 of Schedule 1 with multiple exceptions (e.g., embankments constructed solely from trench material)","Panel governance rules with multiple appointment conditions, vacancy triggers (6 separate grounds in reg 13), and procedural requirements"],"plain_english_summary":"These regulations set up a funding scheme to make sure mining companies in Western Australia pay for cleaning up their mess. Here's how it works:\n\n**What it does:**\n- **Creates a levy (tax) system**: Mining companies must pay an annual fee into a government fund based on how much disturbed land they have and what type of mining infrastructure exists on it.\n- **Calculates the levy**: Companies work out their \"rehabilitation liability\" (estimated cleanup cost) by measuring hectares of land in different risk categories (like tailings dams, waste dumps, or exploration sites) and multiplying by set rates. The levy is 1% of that total estimate, unless the total is $50,000 or less—then they pay nothing.\n- **Sets up an advisory panel**: A 5-member Mining Rehabilitation Advisory Panel advises the government on which abandoned mines to prioritise for cleanup, how to spend the fund, and what the levy rate should be.\n- **Enforces compliance**: Companies must submit annual assessment information by 30 June. If they don't, they can be fined $4,000 through an infringement notice (like a speeding ticket for mining companies).\n\n**Who it affects:**\n- **Mining companies** holding mining authorisations (leases, licences, etc.) in Western Australia\n- **The government**, which manages the fund and decides which abandoned sites to rehabilitate\n- **Landowners and communities** near mining sites, who benefit from guaranteed cleanup funding\n\n**Why it matters:**\nBefore this system, if a mining company went bust, taxpayers often got stuck with the bill for environmental damage. Now, companies pay into a fund while they're operating, creating a pool of money to fix abandoned or orphaned mines. The system uses a \"user pays\" approach—bigger disturbances and higher-risk infrastructure (like radioactive tailings dams) attract higher rates."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the legislative text was not accessible. No analysis of amendments, provisions, or scope evolution is possible from the available content."},"complexity_factors":["No legislative content was retrievable — the page returned a 'no longer available' error","Cannot assess complexity without the actual text of the regulations","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"These regulations, made under Western Australian law and likely supporting the Mining Rehabilitation Fund Act 2012, set out how mining companies contribute to and report on a rehabilitation fund, and how the fund is administered and accessed.  \n\nThey affect mining operators, the Department of Mines, Industry Regulation and Safety, and nearby landowners or communities by ensuring financial provision for repairing land disturbed by mining."}},"importantCases":[],"_links":{"self":"/api/acts/mining-rehabilitation-fund-regulations-2013","history":"/api/acts/mining-rehabilitation-fund-regulations-2013/history","analysis":"/api/acts/mining-rehabilitation-fund-regulations-2013/analysis","conflicts":"/api/acts/mining-rehabilitation-fund-regulations-2013/conflicts","importantCases":"/api/acts/mining-rehabilitation-fund-regulations-2013/important-cases","documents":"/api/acts/mining-rehabilitation-fund-regulations-2013/documents"}}