Stated Purpose:
This Bill is for an Act to amend the Mining Act 1978, Mining Legislation Amendment Act 2014, Environmental Protection Act 1986 and the Mining Rehabilitation Fund Act 2012 to consolidate and clarify the requirements on tenement holders relating to environmental management.
Native title implications:
More specifically the Bill will insert a new Part in to the Mining Act to consolidate all environmental management provisions and separate them from the provision of the Mining Act that deal with the grant and administration of mining tenure. The Bill also contains miscellaneous amendments to other provisions of the Mining Act.
Section 12 states that the Minister can delegate any power or duty to an officer occupying a position within the Department. The proposed new section updates the drafting of the provision and extends the capacity to delegate statutory function to the Director General of Mines.
The Mining Regulations 1981 (WA) currently limits the authority to approve programs of work to persons who hold senior positions within the Department of Mines and Petroleum who are specified in the regulations.
It is important for native title holders to be aware that the authority to approve programs of work does not only rest on senior position within the DMP, but will include department officials who are properly authorised by the Director General.
For further information please see the Explanatory Memorandum, and the Second Reading Speech.