In 2014, Marsden Jacob Associates was engaged by the Department of Mines and Petroleum (DMP) in Western Australia to undertake a public consultation and the development of a Decision Regulatory Impact Statement in relation to structural reform to safety aspects of mining, petroleum and major hazard facilities (MHF) legislation in Western Australia.
The consultation considered five proposed options to structure the legislation including options to:
- consolidate safety provisions for mining, petroleum and MHF into a single or reduced number of Acts; and
- allow for a single regulator to cover all safety provisions at MHF sites.
All stakeholders had an opportunity to participate in this review by making a submission in response to the Consultation Paper (published on 3 November 2014 with submissions invited by 19 December 2014) and through attendance at a stakeholder forum (held in Perth on 26 November 2014).
Marsden Jacob completed their review of consultation responses and submitted the Decision Regulatory Impact Statement in February 2015.
The Decision Regulatory Impact Statement has since been reviewed by both the Regulatory Gate Keeping Unit and the Hon. Bill Marmion, WA Minister for Mines and Petroleum.
Final Report – Decision Regulatory Impact Statement
The Minister has approved Marsden Jacob’s report for publication and it is available on the DMP’s webpage here.
The Final Report recommends the unification of safety legislation covering mining, petroleum and MHF into a single Act with one regulator, DMP.
Marsden Jacob will maintain the consultation documents (including the Consultation Paper and submissions) on this webpage for the time being. However, the next stages of the regulatory reform process will be undertaken by DMP.
Details of the proposed options for reform are outlined in the Consultation Paper. All stakeholders were invited to make a submission on the Consultation paper by 5pm WST on 19 December 2014.
- Consultation Paper: Structural Reform of Mining, Petroleum and Major Hazard Facilities Safety Legislation (published 3 November 2014)
How were submissions made?
Respondents were invited to:
- answer “guide questions” which are provided in the Consultation Paper; and/or
- provide general comments on the regulatory structure they prefer.
Submissions were received via email or hard copy.
The following submissions have been received in response to the Consultation Paper:
- Association of Mining and Exploration Companies (AMEC)
- Ausdrill International Management Services
- Australasian Institute of Mining and Metallurgy (AusIMM)
- Australian Mines and Metals Association (AMMA)
- Australian Petroleum Production & Exploration Association (APPEA)
- Australian Pipeline Industry Association (APIA)
- BP Refinery Kwinana
- Cement Concrete & Aggregates Australia (CCAA)
- CFMEU Mining and Energy Division
- Chamber of Commerce and Industry WA
- Chamber of Minerals and Energy WA
- Civil Contractors Federation WA (CCFWA)
- Cristal Pigments Australia
- Dampier Bunbury Pipeline
- Kwinana Industries Council
- NOPSEMA Advisory Board (letter to Minister)
- Occupational Health Society of Australia
- Plastics and Chemicals Industries Association (PACIA)
- Safety Institute of Australia – WA Branch
In addition to the above responses Marsden Jacob received a number of confidential responses. These responses came from a range of stakeholders including gas, mining and MHF companies, safety training companies, and individuals with specialist safety experience in resource industries.
Marsden Jacob will consider all responses received from stakeholders in the preparation of the Decision Regulatory Impact Statement.
A stakeholder forum was held in Perth CBD on Wednesday 26 November 2014 from 8.45am till 11.00am.
The forum aimed to:
- provide an overview of the proposed reform and answer any questions; and
- seek feedback from stakeholders on the potential impacts of each options.
A broad range of stakeholders were represented at the forum including:
- Petroleum and gas producers
- Pipeline operators
- Major hazard facilities
- Mining groups
- Contractors, consultants and lawyers
- Industry peak bodies
As requested at the forum, copies of the presentations made on the day and the workshop papers used are available below:
For further information on this consultation, please contact Alex Marsden on (08) 9324 1785 or via email at email@example.com.