Mining Rehabilitation Fund Regulations 2013

The regulations operate around a small number of interlocking concepts: rehabilitation liability categories, unit rates, rehabilitation liability estimate (RLE), fund contribution rate (FCR), assessment day and assessment information, the Mining Rehabilitation Advisory Panel, and infringement procedures.

Rehabilitation liability categories and unit rates (Schedule 1)

• Schedule 1 translates types of land use or infrastructure into named categories (A-G) and attaches a fixed unit rate (Sch 1 cl 1 and Table). Examples: Category A (tailings/residue class 1, class 1 waste dumps, heap leach, certain evaporation ponds) attracts $50,000 per hectare; Category B attracts $30,000 per hectare; Category C $18,000; Categories D and E $2,000; Category F $20,000; Category G $10,000 (Sch 1 cl 1 Table).
• Rehabilitated land is excluded from any category (Sch 1 cl 1(3)).

Rehabilitation liability estimate (RLE) and levy formula

• RLE is calculated annually by summing, for each category, the area (in hectares, rounded to at least two decimal places) in that category on the assessment day multiplied by the unit rate (reg 4(2); Sch 1 cl 1(1)).
• Levy payable equals RLE multiplied by the FCR (fixed at 1% in the regulations) (reg 4(1)). If RLE ≤ $50,000, levy is nil (reg 4(3)).

Assessment day and assessment information

• The assessment day is nominated by the holder in assessment information for the year (reg 3 definition; reg 5(1)). The assessment information for each category is the total area on that assessment day (reg 5(1)).
• Assessment information must be provided to the CEO on or before 30 June each year (reg 5(2)).

Class determinations and special rules

• The schedule contains detailed rules for determining classes of tailings and dumps (Sch 1 cls 3-5); these rely partly on physical metrics (e.g., embankment height, 5 m for tailings class 1; 15 m for waste dump class 1) and on whether the material contains specific hazardous constituents (e.g., fibrous minerals, radioactive material, acid‑generating material) and whether management requirements are imposed under the mining authorisation or mining proposal (Sch 1 cls 3-5).
• Special rules for minerals‑in‑brine extraction (Sch 1 cls 6-7) determine what land counts as situated for ponds, trenches and on‑playa/off‑playa distinctions.

Exemptions for prior use

• Land that contained infrastructure under a previous mining authorisation may not be counted in the current mining authorisation’s categories provided the infrastructure has not been used under the current authorisation and there has been no disturbance under the current authorisation, with exceptions where the previous authorisation was immediately prior and held by the same or related parties (Sch 1 cl 2).

Governance: Mining Rehabilitation Advisory Panel

• The Panel consists of five CEO‑appointed members chosen for specified expertise areas (reg 10). The CEO must publish calls for expressions of interest (reg 10(3)), give the Minister written notice of appointments and publish them in the Gazette (reg 10(5)-(6)).
• The Panel may advise on identification of abandoned mine sites, scope/prioritisation of projects, levels of expenditure, Fund administration, financial reporting and the FCR (reg 9).

Compliance and enforcement

• Failure to provide assessment information is an infringement offence with modified penalty $4,000 and enforcement carried out under the Criminal Procedure Act 2004 Part 2 (reg 20). The CEO may appoint authorised officers to issue notices (reg 21). Forms for notices and withdrawals are prescribed in Schedule 2 and include standard procedural steps and consequences for non‑payment (Sch 2, Form 1 and Form 2).

These concepts turn physical disturbance into a quantified, reportable liability each year. The rules for classification, rounding, selection of assessment day, and the exclusion of rehabilitated land define the technical inputs. The Panel and prescribed advisory scope create an institutional mechanism to influence the levy rate and project prioritisation (reg 9). The infringement regime targets the reporting duty specifically (reg 20).

Primarily the regulations affect holders of mining authorisations in Western Australia as defined in the Act and referred to throughout these regulations. The obligations, liabilities and administrative interactions fall on these holders directly, and there are secondary effects on several other parties.

Directly affected: holders of mining authorisations

• Holders must calculate an annual RLE for each mining authorisation and, where RLE > $50,000, pay a levy equal to RLE × FCR (reg 4(1)-(3)). This produces an annual cash flow obligation for holders whose authorisations contain land or infrastructure in the specified categories (Sch 1 cl 1 Table).
• Holders must nominate an assessment day and report, for each rehabilitation liability category, the total area in hectares as at that day, rounded to at least two decimal places, and provide that assessment information to the CEO on or before 30 June each year (reg 5(1)-(2); reg 3 definition of assessment day).

Operators and technical service providers

• Mine operators, environmental consultants, surveyors and GIS providers will be engaged to measure, classify and report areas to the precision required: areas must be expressed in hectares and rounded to at least two decimal places (reg 5(1); reg 4(2)(a)(i)).
• Classification work may require technical assessment of tailings/residue storage facilities, waste dumps, low‑grade stockpiles and evaporation ponds to determine class 1 or 2 status under Sch 1 cls 3-5 and Sch 1 cls 6-7. That may drive demand for geotechnical, hydrogeological and environmental expertise.

Landowners, joint interest holders and related parties

• Sch 1 cl 2 contains an exemption regime for land used under a previous mining authorisation but excludes the exemption where the previous authorisation was immediately prior and held by the current holder, a person with a legal interest in the current authorisation, or a related person (Sch 1 cl 2(2)). Thus, holders who acquire authorisations or land may be affected by prior use history and related‑party rules.

The CEO, department staff and authorised/approved officers

• The CEO exercises administrative functions: receiving assessment information, issuing assessment notices that must specify levy calculations (reg 6), appointing Panel members (reg 10), appointing authorised officers to issue infringement notices (reg 21), and publishing Gazetted appointment notices (reg 10(6)). The CEO also issues certificates to authorised officers (reg 21(2)).

The Mining Rehabilitation Advisory Panel

• The Panel’s members are affected as office‑holders with defined terms of office (up to three years), removal grounds and a statutory code of conduct (regs 10-14). The Panel may influence program priorities and the FCR (reg 9).

Financial stakeholders and public accounts

• The Fund administrators, auditors and those preparing non‑Financial Management Act financial reports will be affected because the Panel can advise on matters to be included in Fund financial reports (reg 9(e)). The regulations require reporting mechanics be explicit in assessment and reassessment notices (regs 6-7).

Legal and enforcement actors

• Courts and administrative tribunals may be engaged if a holder contests assessments or pursues enforcement, though the regulations themselves create an infringement stream for failure to provide assessment information (reg 20). The Schedule 2 forms set out consequences of non‑payment and connection with the Fines, Penalties and Infringement Notices Enforcement Act 1994 as part of the standard notice text (Sch 2, Form 1).

In short, the holder of a mining authorisation bears the primary financial and reporting burden; this creates a compliance market for technical services and an administrative workload for the department and CEO. The Panel influences policy settings that can change levies over time (reg 9(f)). The regulations also create particular interactions for holders who acquire land or authorisations where prior use may produce exemptions or not (Sch 1 cl 2).

This section identifies the statutory duties the regulations impose on holders and the rights and administrative duties conferred on the CEO, the Panel and authorised officers. Textual citations below reference the regulation or schedule clauses that create each duty or right.

Duties of holders of mining authorisations

• Provide assessment information annually: holders must give to the CEO, on or before 30 June each year, assessment information specifying the total area in hectares in each rehabilitation liability category for a nominated assessment day in that year (reg 5(1)-(2); reg 3 assessment day definition). This is the central reporting obligation and is the offence subject to an infringement notice (reg 20(1)).
• Nominate an assessment day: the holder nominates a day in the year for the assessment (reg 5(1); reg 3 definition).
• Prepare calculations in accordance with the formula: holders are required, either in practice or as a necessary compliance step, to calculate RLE by category (reg 4(2); Sch 1 cl 1). Assessment and reassessment notices must include details of how levy amounts were worked out (reg 6; reg 7( a)), indicating an expectation of transparent calculation and recordkeeping.
• Pay levy where payable: where RLE exceeds $50,000, the holder must pay the levy equal to RLE × 1% (reg 4(1)-(3)).

Duties of the CEO and administrative rights

• Receive and assess information: the CEO receives assessment information (reg 5(2)). Under the Act provisions referenced by these regulations, the CEO issues assessment notices and reassessment notices; the regulations specify required content (reg 6; reg 7).
• Appointment powers: the CEO appoints the five Panel members, designates chair and deputy chair, and must publish calls for expressions of interest before appointment (reg 10(1)-(4); reg 11(1); reg 10(3)). The CEO must give the Minister notice and ensure Gazettal of the appointment (reg 10(5)-(6)).
• Enforcement appointments: the CEO may appoint authorised and approved officers to issue infringement notices and must issue certificates to authorised officers identifying them as authorised to issue notices (reg 21(1)-(2)).

Duties and rights of Panel members

• Membership and expertise requirement: members must have skills in specified areas (management of mining operations, land rehabilitation, environmental matters, financial, legal, natural resource planning) (reg 10(2)).
• Term and reappointment: members hold office for up to 3 years, are eligible for reappointment, and continue in office until a successor is appointed or three months elapse after expiry (reg 12).
• Code of conduct: the Panel must determine a written code of conduct at its first meeting, which must deal with declaration and consequences of conflicts of interest (reg 14(1)-(3)). Conflict of interest can prevent a member from voting (reg 14(3)(b)).
• Functions: the Panel may advise on identification of abandoned mine sites, project scope and prioritisation, appropriate levels of expenditure, Fund administration, financial reporting content, and the FCR (reg 9). This is an advisory right; it does not itself change levy rules but may influence policy and CEO decisions.

Rights and processes linked to notices

• Assessment and reassessment notices must specify calculation details: reg 6 requires assessment notices to specify how levy was worked out under reg 4; reg 7 requires reassessment notices to specify how reassessed levy, penalty, or refund amounts were worked out.
• Infringement notice process rights: Schedule 2 Form 1 sets out procedural rights and options for alleged offenders , pay the modified penalty in 28 days to avoid prosecution, apply for more time, request prosecution in court by signing and returning the form, and descriptions of enforcement actions under the Fines, Penalties and Infringement Notices Enforcement Act 1994 (Sch 2, Form 1). Form 2 sets out withdrawal and refund procedures (Sch 2, Form 2).

Penalties and rates

• Modified penalty for failing to provide assessment information: $4,000 (reg 20(2)). The penalty is enforced via the Criminal Procedure Act 2004 Part 2 as an infringement mechanism (reg 20(1)).
• Prescribed rate for non‑payment of levy: 20% per annum for the purposes of s 26(1) of the Act (reg 8).

Other administrative duties and rights

• The Panel must meet at least twice a year and has procedural autonomy for its meetings subject to quorum (three members) and voting rules (regs 15-19).
• The CEO has removal powers over Panel members on specified grounds, including neglect of duty, misconduct, incapacity, absence from meetings, conflict of interest, failure to carry out duties in accordance with the code of conduct (reg 13(2)).

These duties create a compliance cycle: measurement and classification at the holder level, reporting to the CEO by 30 June, assessment notices and potential reassessments, and a targeted infringement mechanism for failure to report (reg 5; reg 6; reg 7; reg 20). The Panel provides an institutional avenue for advice on financial and programmatic settings (reg 9), including the only route in the regulations to influence the FCR directly (reg 9(f)).

The regulations create two linked enforcement streams: an infringement pathway targeted at the reporting obligation and civil/administrative remedies for non‑payment of levies referenced to the Act. The regulations also specify the personnel who may issue notices and prescribe the forms that must be used.

Infringement for failure to provide assessment information

• The offence of failing to provide assessment information under section 15(2) of the Act is specified as a prescribed offence for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2 (reg 20(1)). The modified penalty for that infringement is $4,000 (reg 20(2)).
• The infringement procedure is operationalised by Schedule 2 Form 1 (Infringement notice) and Form 2 (Withdrawal of infringement notice) (reg 22; Sch 2). Form 1 sets out the 28‑day payment window to avoid prosecution, the consequences of non‑payment (referring to enforcement under the Fines, Penalties and Infringement Notices Enforcement Act 1994), and the option to refer the matter to court (Sch 2, Form 1).

Authorised officers and issuing powers

• The CEO may appoint persons or classes of persons to be authorised officers or approved officers for the purposes of issuing infringement notices (reg 21(1)). The CEO must issue each authorised officer a certificate identifying them as authorised to issue infringement notices (reg 21(2)).

Consequences of non‑payment

• For non‑payment of levy amounts the regulations prescribe an annual rate of 20% for the purposes of s 26(1) of the Act (reg 8). That section of the Act is not reproduced in these regulations, but reg 8 conclusively fixes the prescribed interest/penalty rate at 20% p.a.
• Schedule 2 Form 1 describes ancillary enforcement measures available under the Fines, Penalties and Infringement Notices Enforcement Act 1994, including suspension or cancellation of driver’s or vehicle licences, immobilisation of vehicles, publication of details on a website, garnishment of earnings or bank accounts, and seizure and sale of property (Sch 2, Form 1). While the Form is a prescribed form and therefore signals these consequences to alleged offenders, the underlying enforcement powers derive from the Fines, Penalties and Infringement Notices Enforcement Act 1994 referenced in the Form.

Assessment and reassessment notice content for dispute clarity

• The regulations require assessment notices to specify how a levy amount was worked out (reg 6). Reassessment notices must specify how the reassessed levy, any penalty amount, or any refund amount was worked out (reg 7). These prescription requirements reduce procedural ambiguity and provide documentary traceability for enforcement and dispute resolution.

Practical enforcement pathway

• The immediate enforcement tool for non‑reporting is the infringement notice under the Criminal Procedure Act 2004 Part 2 with a $4,000 modified penalty (reg 20).
• For levy non‑payment, arrears attract the 20% prescribed rate (reg 8), and enforcement mechanisms under the Fines, Penalties and Infringement Notices Enforcement Act 1994 can apply once proceedings convert to civil recovery or are registered under that enforcement regime as signalled in the infringement form (Sch 2, Form 1). The CEO’s appointment of authorised officers (reg 21) creates the operational capacity to issue infringement notices.

Limits and scope

• The infringement offence in these regulations is narrowly targeted at failure to provide assessment information (reg 20(1)). Other potential offences under the Act are not converted into infringement offences by these regulations; the text confines the infringement mechanism to the reporting duty (reg 20).
• The regulations do not specify the procedure for collection of unpaid levies beyond prescribing the interest rate for non‑payment. The enforcement tools for unpaid levies therefore rest on the Act (for which these regulations provide complementary rules like the 20% rate) and general collection and enforcement statutes (as referenced in Sch 2, Form 1).

In sum, the regulations create an enforcement architecture that focuses on securing the data flow (reporting) via a $4,000 infringement, and signal the financial consequences of unpaid levies through a 20% p.a. prescribed rate and the potential operation of the Fines Enforcement regime. The CEO’s power to appoint authorised officers makes the infringement mechanism operational.

The regulations explicitly reference several other pieces of Western Australian legislation and rely on the statutory framework established by the Mining Rehabilitation Fund Act 2012 (the Act). They also cross‑reference procedural laws that govern infringements and enforcement. All interactions that follow are grounded in express references in the regulations.

Primary interaction: Mining Rehabilitation Fund Act 2012

• The regulations are made for the purposes of the Act and operationalise particular Act provisions. For example, reg 4 begins “For the purposes of section 13 of the Act,” and sets the levy formula. Reg 5 addresses assessment information “for the purposes of section 15(1) of the Act,” and reg 6 and reg 7 prescribe matters to be included in notices for purposes of sections 17(2)(d) and 19(2)(e) of the Act respectively. Reg 8 prescribes a rate for section 26(1) of the Act. The Panel is the Panel established by section 33(1) of the Act (reg 3 definition and regs 9-19).

Criminal Procedure Act 2004 (WA)

• The infringement framework in Part 4 relies on the Criminal Procedure Act 2004. Reg 20 treats the offence of failing to provide assessment information under s 15(2) of the Act as an offence for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2 (reg 20(1)). The modified penalty mechanism for that infringement is set in reg 20(2). Reg 21(1) permits the CEO to appoint authorised/approved officers “for the purposes of the Criminal Procedure Act 2004 Part 2.”

Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA)

• The Schedule 2 infringement notice Form 1 states that enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994 if the modified penalty is not paid. The Form lists enforcement measures available under that Act. While the regulations do not themselves create these enforcement actions, they explicitly direct attention to that enforcement regime in the prescribed notice wording (Sch 2, Form 1).

Mining Act 1978 (WA)

• Several defined terms and operational references tie back to the Mining Act 1978. The definition of EMA notice is taken from the Mining Act 1978 s 103AF(1) (reg 3). The term mining proposal is defined in relation to the Mining Act 1978 sections 74(1)(ca) and 82A(2)(b) (reg 3). The exemptions in Sch 1 cl 2 reference the definition of “related” in the Mining Act 1978 s 8(4). The regulations therefore rely on the mining approval and management framework under the Mining Act 1978 for several classification and exception rules.

Interpretation Act 1984 (WA)

• The grounds for vacation of office for a Panel member include being “a bankrupt or a person whose affairs are under insolvency laws, according to the Interpretation Act 1984 section 13D” (reg 13(1)(c)). This imports that statutory definition for removal grounds.

Financial Management Act 2006 (WA)

• Reg 9(e) permits the Panel to advise on matters to be included in financial reports relating to the Fund “other than any financial report required under the Financial Management Act 2006.” This explicitly delineates the scope of the Panel’s advisory role with respect to financial reporting, leaving statutory FM Act reporting obligations outside the Panel’s advisory remit.

Other administrative interaction

• The regulations require the CEO to publish calls for expressions of interest on a department website before appointing Panel members and to publish appointments in the Gazette (reg 10(3), (6)). These requirements interact with general public sector appointment and transparency practices.

Operational interaction: Gazettal and forms

• The regulations require Gazettal of appointments and prescribe Forms that reference procedural mechanisms under other Acts (Sch 2, Form 1 and Form 2), integrating the Fund’s compliance pathway into the broader enforcement and administrative law machinery.

In short, these regulations sit within and presuppose the Mining Rehabilitation Fund Act 2012 as the enabling statute. They interact substantively with the Criminal Procedure Act 2004 for infringements, with the Fines Enforcement Act for recovery, with the Mining Act 1978 for technical definitions and related‑party rules, and with the Financial Management Act 2006 for the boundary of financial reporting advice. The regulations therefore form a node in a network of statutes: they prescribe the operational units and processes that plug into existing enforcement, mining approvals and financial reporting frameworks.

The compilation table and amendment notes contained in the document record the legislative history of these regulations up to the compilation date. The regulations were originally published in 2013 and have been amended several times. The compilation table provides publication and commencement dates for the principal instrument and subsequent amendment instruments.

Key instruments and dates (as recorded)

• Mining Rehabilitation Fund Regulations 2013: published 21 June 2013; regs 1 and 2 commenced on 21 June 2013 and the remainder commenced 1 July 2013 (Compilation table).
• Mining Rehabilitation Fund Amendment Regulations 2014: published 24 April 2014; amendments largely commenced 25 April 2014 (Compilation table; reg 20 and regs 21-22 inserted by Gazette 24 Apr 2014 p. 1148-49).
• Mining Rehabilitation Fund Amendment Regulations 2020: SL 2020/170, published 25 September 2020; other than rr 1 and 2 commenced 29 September 2020 (Compilation table).
• Mining Rehabilitation Fund Amendment Regulations 2021: SL 2021/63, published 21 May 2021; other than rr 1 and 2 commenced 1 July 2021 (Compilation table).
• Mining Regulations Amendment Regulations 2025 Pt. 3: SL 2025/156, published 28 August 2025; commenced 9 September 2025 for the parts noted (Compilation table).

Textual markers of amendment in the document

• Several provisions include bracketed notes indicating they were amended by specific instruments, for example reg 3 amended: SL 2021/63 r. 4; SL 2025/156 r. 6 (reg 3 note). Sch 1 cl 1 was amended in 2021 (Sch 1 cl 1 amended: SL 2021/63 r. 5). Clause 4 was amended: SL 2021/63 r. 6 (Sch 1 cl 4). Clause 6 and 7 of Schedule 1 were inserted by SL 2021/63 r. 7 (Sch 1 cls 6-7 inserted: SL 2021/63 r. 7). Schedule 2 Forms have amendment notes, including SL 2020/170 r. 4 for Form 1 amendments.

Observable changes from the amendments (as evidenced in the text)

• The insertion of regs 20-22 occurred via the 2014 amendment (Gazette 24 Apr 2014), creating the explicit infringement offence for failure to provide assessment information, setting the modified penalty at $4,000, and providing the CEO with appointment powers for authorised/approved officers (reg 20-21). Schedule 2 forms were also inserted then (reg 22; Sch 2).
• The 2020 amendment (SL 2020/170) changed or updated Schedule 2 Form 1 (noted in the Form’s amendment note).
• The 2021 amendment (SL 2021/63) introduced or amended definitions (reg 3) and Schedule 1 items and clauses (as indicated by the amendment notes), including adjustments to rehabilitation liability categories and unit rates and insertion of new rules regarding minerals‑in‑brine and playa distinctions (Sch 1 cls 6-7).
• The 2025 instrument (SL 2025/156) made further amendments referenced in the reg 3 note and compilation table, indicating continued adjustment to the regulations up to 2025.

What the document does not contain about amendments

• The compilation table provides the citation and commencement information for each amending instrument recorded, but the document does not include the text of the amending instruments themselves. The document shows where provisions have been amended and by which instrument, but not the prior wording or full amendment history beyond the flags and the compilation table entries.

Practical implication for readers

• Practitioners should note the explicit amendment flags to identify which clauses have been recently altered (e.g., Sch 1 cl 1 and cls 6-7 in 2021). When advising clients or preparing compliance procedures, confirm you are using the current version as compiled, and cross‑check the specific amending instruments (SL numbers cited in the compilation table) if the precise change history or transitional arrangements are material. The Gazette notices referenced (e.g., Gazette 24 Apr 2014 p. 1148-51) are the primary public record of these amendments.

The amendment notes in the compiled regulations thus provide a clear audit trail of where to look for changes, but practitioners who need to trace the legislative intent or original drafting should consult the amending instruments and their associated explanatory notices in the Gazette.

The compiled regulations supplied contain no reported cases, judicial interpretations, appeals or tribunal decisions. There are no references to litigation history in the text of the regulations, Schedule 1 or Schedule 2, nor in the compilation table. The regulations do reference statutory provisions of other Acts (for example, the Mining Act 1978, the Criminal Procedure Act 2004 and the Fines, Penalties and Infringement Notices Enforcement Act 1994) that themselves have litigation histories, but no adjudications or case law regarding the content or operation of these Mining Rehabilitation Fund Regulations 2013 appear in the provided document.

What the absence means for practitioners

• Because the document does not cite any judicial decisions, there is no in‑text guidance on how courts have interpreted specific phrases or classification criteria in the regulations (for example, criteria for class 1 vs class 2 tailings facilities, or the interpretation of “land under rehabilitation” and the RLE calculation). Where issues of statutory interpretation, the scope of the CEO’s powers, the operation of the exemption in Sch 1 cl 2, or enforcement actions might become contested, practitioners will need to search the broader case law databases and administrative tribunal decisions outside this document for any relevant adjudication under the Act or these regulations.
• The lack of litigation history in the compiled text suggests either that disputes have been managed administratively (assessment/reassessment and compliance responses) or that any litigation that may exist is not recorded in the compilation. It is therefore prudent for lawyers and compliance officers to check external legal databases and the tribunals for any decisions involving the Act or these regulations before advising on contentious points.

Practical next steps to identify litigation

• To identify relevant caselaw, search WA court and tribunal databases for matters mentioning the Mining Rehabilitation Fund Act 2012, the Mining Rehabilitation Fund Regulations 2013, and related enforcement actions under the Criminal Procedure Act 2004 and the Fines Enforcement Act 1994. Check administrative decisions regarding assessment notices, reassessments, or CEO decisions where those decisions have been appealed or judicially reviewed.

Because the compiled instrument as provided contains no litigation annotations, any interpretation gaps will need to be resolved by primary statutory analysis or by consulting external adjudicative records.

Several technical features of the regulations can produce compliance traps, uncertainty or material differences in levy outcomes if not handled correctly. These are practical hazards that arise directly from the text.

1. Assessment day nomination and timing can change liability

• The holder nominates an assessment day for each year and reports area as at that day (reg 5(1)). That creates a mechanical opportunity for variation in reported area depending on the chosen day. The regulations do not prescribe constraints on the choice of assessment day (other than it being in that year), so a holder’s choice materially affects the RLE. Practitioners should treat the assessment day as a decision variable that must be justified, documented and aligned with audit trails.

2. Rounding and units matter

• Areas must be expressed in hectares and rounded to at least two decimal places (reg 4(2)(a)(i); reg 5(1)). Small rounding differences across multiple parcels and categories can aggregate into materially different RLEs given the unit rates (for example Category A $50,000/ha). Ensure GIS and survey outputs use the required rounding rule and that internal aggregation follows the regulation’s rounding standard.

3. Rehabilitated land exclusion requires documentary support

• Rehabilitated land is explicitly not in any rehabilitation liability category (Sch 1 cl 1(3)). The holder bears the evidential burden of showing land is rehabilitated according to the closure obligations that apply to the mining authorisation (definitions of rehabilitated land and land under rehabilitation in reg 3). Documents such as closure certificates, condition compliance reports, programme of work records and approvals should be maintained because assessment and reassessment notices must specify calculation details (regs 6-7).

4. Prior‑authorisation exemption has tight exceptions

• Sch 1 cl 2 creates a potential exemption for land where infrastructure was used under a previous mining authorisation and not used or disturbed under the current authorisation. However, the exemption does not apply if the previous authorisation was immediately prior and held by the current holder, a person with a legal interest in the current authorisation, or a related person (Sch 1 cl 2(2)). Acquisitions and transfers of authorisations therefore require careful title and use history checks; failing to exclude prior infrastructure correctly can lead to overstatement or understatement of RLE.

5. Class determinations can be technical and conditional

• The class tests for tailings facilities, waste dumps and low‑grade stockpiles rely on physical thresholds (5 m embankment height; 15 m highest point) and on whether certain materials are present and whether management requirements are imposed under the mining authorisation or mining proposal (Sch 1 cls 3-5). Determining whether “management requirements” apply can require parsing conditions of the authorisation or mining proposal; these are not purely objective metrics and may need legal/technical interpretation. Misclassification can move hectares between unit rates with large dollar impact (e.g., $50,000/ha vs $30,000/ha).

6. Minerals‑in‑brine and playa distinctions are geographically specific

• Sch 1 cls 6-7 set rules for determining where ponds and trenches are situated and whether evaporation ponds and salt stockpiles are on‑playa or off‑playa. The on‑playa/off‑playa distinction depends on whether land is within the boundary of a playa system, which may require mapping against recognised playa boundaries. This is a potentially novel spatial analysis that requires corroborated mapping and possible expert evidence.

7. The reporting obligation is the only infringement specified

• The regulations create an infringement only for failing to provide assessment information (reg 20). Other failures (e.g., providing incorrect information) are not converted into infringement offences in these regulations and therefore may be pursued by other administrative or criminal routes under the Act. Practitioners should not assume that the $4,000 infringement captures all compliance risk.

8. Panel advisory scope includes the FCR

• The Panel may advise on the level of the fund contribution rate (reg 9(f)), even though the current FCR is set at 1% in the regulations (reg 4(1)). This creates policy risk for holders because the FCR can be the subject of advisory recommendations and potentially legislative change. Financial modelling should include scenarios for FCR changes.

9. Infringement form wording includes broad enforcement consequences

• Schedule 2 Form 1 lists potential enforcement consequences under the Fines Enforcement Act, such as licence suspensions and garnishment. The inclusion of that language in a prescribed form signals substantial enforcement leverage if notices mature into enforced fines. Holders should not discount the operational impacts of unpaid penalties beyond the financial quantum.

10. Documentation requirement for assessment and reassessment notices

• Assessment notices must specify how levy amounts were worked out (reg 6) and reassessment notices must show how reassessed amounts or refunds were calculated (reg 7). Inaccuracy or inadequate detail in internal calculation records can create a weak position if the CEO reassesses or enforcement follows.

These “gotchas” are not legal conclusions but direct interpretive or operational risks that follow from the regulatory text. Practitioners should treat classification, spatial mapping, nomination of assessment day, rounding methodology, and historical use checks as high‑priority compliance tasks.

Compliance requires structured data capture, technical classification workflows, internal controls for assessment day selection and calculation, and administrative readiness for notices and potential infringements. The following is a practical checklist, grounded in the regulations’ prescriptions, for holders and their advisers.

1. Establish a yearly compliance calendar

• Note that assessment information must be provided to the CEO on or before 30 June each year (reg 5(2)). Set annual reminders for selecting the assessment day, collating spatial data, and completing calculation and reporting well in advance of the deadline.

2. Choose and document the assessment day

• The holder must nominate an assessment day in the year for each mining authorisation (reg 5(1); reg 3 definition). Document the rationale for the chosen date, store contemporaneous snapshots of spatial data and records showing what was present on that date. Retain the nomination record as part of the evidence base in case of reassessment.

3. Build GIS and area measurement protocols aligned to rounding rules

• Areas must be expressed in hectares and rounded to at least two decimal places (reg 4(2)(a)(i); reg 5(1)). Ensure GIS exports convert units correctly, confirm projection accuracy, and apply the rounding rule consistently per rehabilitation liability category before multiplying by unit rates.

4. Maintain an asset and disturbance register mapped to Schedule 1 categories

• Create a register that maps infrastructure/land parcels to the Schedule 1 Table descriptions (Sch 1 cl 1 and Table) and includes: coordinates, area (ha with rounding), category assignment (A-G), photos/inspection reports, evidence of “rehabilitated land” status where applicable (Sch 1 cl 1(3)), and records of use under prior authorisations (Sch 1 cl 2).

5. Document classification evidence for class 1 vs class 2 determinations

• For tailings/residue storage facilities and waste dumps, record embankment heights, material characterisation (presence of fibrous minerals, radioactive material, acid/metalliferous drainage potential), and the specific management requirements in the mining authorisation or mining proposal that relate to those materials (Sch 1 cls 3-5). Keep engineering and environmental assessments that support class decisions.

6. For minerals‑in‑brine operations, map playa boundaries and pond footprints

• Use authoritative geospatial data to determine on‑playa vs off‑playa status for ponds and salt stockpiles (Sch 1 cl 7), and apply clause 6 rules to determine what land counts as being “situated” for trenches and ponds (Sch 1 cl 6). Keep documentation of how playas were defined and mapped.

7. Rehabilitated land proof and closure compliance

• The exclusion of rehabilitated land from categories depends on completion of rehabilitation in accordance with closure obligations (reg 3 definitions; Sch 1 cl 1(3)). Keep closure certificates, compliance assessments, EMA notices, programme of work approvals or other records that show rehabilitation obligations have been met.

8. Prepare clear calculation workpapers for assessment notices and reassessments

• Because assessment and reassessment notices must specify how levy amounts, penalties or refunds were worked out (regs 6-7), prepare and retain calculation workpapers showing area by category, unit rate tables, rounding steps, RLE sum, FCR application and final levy figure. These workpapers should be auditable.

9. Ensure administrative readiness for the CEO’s requests and infringement risk

• Failure to provide assessment information is an infringement offence with a $4,000 modified penalty (reg 20). Keep a named compliance contact, and if served with an infringement notice, follow the prescribed options in Sch 2 Form 1, including the 28‑day payment window and the option to elect court prosecution if appropriate.

10. Engage technical and legal advisers for acquisition and transfer due diligence

• If acquiring a mining authorisation or land, undertake diligence on previous mining authorisations and prior infrastructure use (Sch 1 cl 2). Check related‑party status under the Mining Act 1978 definitions relied upon in Sch 1 cl 2(2). Be alert that the exemption in Sch 1 cl 2 will not apply in certain immediate prior‑holder scenarios.

11. Model financial exposure including FCR risk

• The current FCR is 1% as set out in reg 4(1), but the Panel may advise on the level of the FCR (reg 9(f)). Include scenario modelling for higher FCRs and sensitivity to reclassification or area changes that may shift hectares between categories with different unit rates (e.g., A $50,000/ha vs B $30,000/ha).

12. Implement internal controls and audit trails

• Establish segregation of duties for spatial data capture, classification decisions, and sign‑off of assessment submissions. Maintain version control for spatial datasets and calculation spreadsheets. Prepare for external or departmental audits by keeping an auditable chain from raw spatial data to the submitted assessment information.

13. Liaise with the department early on ambiguous cases

• Where classification is uncertain (e.g., whether management requirements apply, or whether a structure is “under rehabilitation” vs “rehabilitated land”), seek clarification from the CEO’s office before submitting assessment information to reduce reassessment and enforcement risk. Reg 6 and reg 7 require notices to explain calculations, so earlier clarification can avoid reassessments.

14. Keep records of Gazettal and appointments if participating in Panel processes

• If applying for or participating in the Panel, follow the CEO’s published expressions of interest process (reg 10(3)), and take note of terms of appointment, removal grounds and the Panel’s code of conduct obligations (regs 10, 12, 13, 14).

Following these steps aligns operational practice with the regulatory prescriptions (reg 4, reg 5, Sch 1, regs 6-8, regs 20-22) and creates a defensible and auditable compliance posture. Where technical or legal uncertainty exists, involve environmental engineers, surveyors and lawyers with experience in WA mining approvals and rehabilitation obligations.