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Department of Mines, Industry Regulation and Safety

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Department of Mines, Industry Regulation and Safety
Agency nameDepartment of Mines, Industry Regulation and Safety
Formed2017
Preceding1Department of Mines and Petroleum
Preceding2Department of Commerce
JurisdictionWestern Australia
HeadquartersEast Perth
Minister1Bill Johnston
Chief1David Smith
Parent agencyGovernment of Western Australia

Department of Mines, Industry Regulation and Safety is an administrative agency of the Government of Western Australia responsible for oversight of extractive industries, workplace standards, consumer protection, and technical regulation in Western Australia. The agency administers statutory regimes originating in legislation such as the Mines Safety and Inspection Act 1994, the Work Health and Safety Act 2020 (WA), and the Building Act 2011 (WA), and interacts with entities including the Chamber of Minerals and Energy of Western Australia, the Minerals Council of Australia, and the Australian Securities and Investments Commission. It operates alongside statutory authorities like WorkSafe WA, the Western Australian Planning Commission, and the Environmental Protection Authority (Western Australia).

History

The agency was created in 2017 through an administrative reorganisation that combined functions previously exercised by the Department of Mines and Petroleum and the Department of Commerce (Western Australia), reflecting policy drivers from the Barnett Ministry and the McGowan Ministry. Its antecedents trace to 19th-century colonial institutions such as the Mines Department (Western Australia) established during the Western Australian gold rushes, and regulatory reforms following inquiries like the Royal Commission into the Building Industry (WA). Over time, legislation including the Mining Act 1978 (WA) and safety statutes shaped the departmental remit, while interaction with national frameworks such as the Safe Work Australia model influenced harmonisation efforts. Key events affecting the organisation include responses to incidents at operations owned by BHP, Rio Tinto, and Fortescue Metals Group, and coordination during state emergencies like the Perth storm of 2010.

Responsibilities and Functions

The department administers statutory frameworks for mining tenure under the Mining Act 1978 (WA), regulation of petroleum activities intersecting with the Petroleum and Geothermal Energy Resources Act 1967 (WA), and oversight of occupational safety regimes linked to the Work Health and Safety Act 2020 (WA). It registers and audits licensed professionals governed by the Building Act 2011 (WA) and liaises with bodies such as the Australian Building Codes Board and the Housing Industry Association. The agency manages mineral titles interfaces with corporate entities like Newmont Corporation and Gold Fields Limited, enforces consumer protection provisions aligned with the Australian Competition and Consumer Commission, and provides geoscientific information formerly held by the Geological Survey of Western Australia to stakeholders including CSG and Geoscience Australia.

Organisational Structure

Executive leadership comprises a director-general reporting to the Minister for Mines and Petroleum (Western Australia) and the Minister for Commerce (Western Australia), supported by divisions specialising in mining regulation, consumer protection, building and plumbing, resources safety, and corporate services. Operational units include regional offices in the Pilbara, the Goldfields-Esperance, and the Kimberley, and specialist teams for policy engagement with the Commonwealth of Australia and intergovernmental forums like the Council of Australian Governments. The department maintains statutory boards and committees that draw upon expertise from institutions such as the University of Western Australia, Curtin University, and industry groups including the Australian Petroleum Production & Exploration Association.

Major Programs and Initiatives

Major initiatives include the reform of mining rehabilitation bonds influenced by precedents from the Victorian Government and proposals tabled in the Australian Senate; digital transformation projects migrating title administration to platforms interoperable with Landgate; and programs to implement the recommendations of inquiries such as the WA Building Industry Review. The department leads education and awareness campaigns with partners like St John Ambulance Australia (WA Division) and Royal Life Saving Society Australia (WA Branch), and participates in collaborative research projects funded by agencies such as the National Health and Medical Research Council and the Australian Renewable Energy Agency to address mine closure, mine-water management, and geothermal development.

Regulation and Compliance

Compliance activities encompass licensing and inspection regimes, enforcement actions under statutes like the Mines Safety and Inspection Act 1994 and consumer protection orders reflecting decisions of the Supreme Court of Western Australia. The department coordinates prosecutions with the Director of Public Prosecutions (Western Australia) and issues administrative sanctions following regulatory findings involving companies such as Iluka Resources and Mineral Resources Limited. It engages with national regulators including the Australian Securities and Investments Commission and regional tribunals such as the State Administrative Tribunal of Western Australia to resolve disputes over licencing, safety breaches, and building compliance.

Safety, Investigation and Incident Response

A core function is accident investigation and incident response in collaboration with agencies such as WorkSafe WA, Western Australia Police Force, and the Department of Fire and Emergency Services (Western Australia). The department convenes technical investigations into underground and surface incidents at operations owned by corporations like Glencore and AngloGold Ashanti, publishes safety alerts, and implements reform programs aligning with recommendations from inquiries such as the Cole Royal Commission (as applicable to mining safety precedents). It also maintains emergency planning interfaces with the Bureau of Meteorology and coordinates salvage and remediation with the Department of Biodiversity, Conservation and Attractions.

Funding and Budgeting

Funding is delivered through appropriation by the Parliament of Western Australia supplemented by fees and levies on titles, licences, and inspection services charged to entities such as South32 and service providers registered under the Building Act 2011 (WA). Budgetary allocations are reviewed in state budget papers tabled by the Treasurer of Western Australia and scrutinised by parliamentary committees including the Public Accounts Committee (Western Australia). Financial oversight adheres to standards promulgated by the Auditor General of Western Australia and aligns with intergovernmental financial management arrangements involving the Commonwealth Grants Commission.

Category:Government agencies of Western Australia