Action 13

Penalties (environmental compliance tools)

Scoping/Drafting

Introduce a new system of penalties for environmental offences for inclusion in the Petroleum and Geothermal Energy Resources Act 1967

Lead agency
Department of Mines, Industry Regulation and Safety
Target completion date
December 2020
Revised completion date
Mid to late 2022 for legislative amendments

Updates

31 March 2022

Drafting is underway for the Bill amending the Petroleum and Geothermal Energy Resources Act 1967.

30 September 2021

The Western Australian Government released the Penalties Position Paper 29 October 2020.  The paper outlines the Government’s proposal to increase the penalties for environmental offences under the State’s Petroleum and Geothermal Energy Resources Act 1967.

Implementation of this Action will require amendments to the Petroleum and Geothermal Energy Resources Act 1967.  Approval to draft was received in March 2021 and drafting is underway.  When completed, an exposure draft of the amendment Bill will be released for comment.  At this stage, it is envisaged that the exposure draft will be released in mid-2022, followed by introduction of the Bill later in the 2022 Parliamentary year.

31 March 2020

A paper, outlining the State Government’s position is being finalised, together with development of drafting instructions for legislative and regulatory amendments required to implement a number of actions.

31 December 2019

Investigation into options for legislative amendment, to increase the maximum penalty and incorporate modified penalties and infringement notices into the Petroleum and Geothermal Energy Resources Act 1967, is ongoing.

30 September 2019

Environmental offences and penalties under the Environmental Protection Act 1986 have been reviewed, and options for introducing penalties are now being explored and documented for consideration.

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