❓ Hon Robin Scott questions the Department of Mines and Petroleum (DMP) regarding penalties for late lodgement of mining tenement expenditure reports. The Minister clarifies the Mining Warden's independence and discretion in imposing penalties.
AnsweredQoN 303Legislative Council
QuestionView source ↗
With reference to forfeiture initiated and taken by the Department of Mines and Petroleum (DMP) concerning the late lodgement of form 5 expenditure reports on all mining tenements, I ask:
(a) will the Minister provide the specific formula used to calculate the monetary penalty that is recommended in each mining registrar's office throughout the State for the respective mining warden to consider, before imposing a penalty;
(b) if no to (a), why not; and
(c) for all DMP mining registrar offices, what are the factual circumstances in which the DMP has considered and recommended no penalty be imposed when late lodgement of form 5 expenditure reports are received?
(a) will the Minister provide the specific formula used to calculate the monetary penalty that is recommended in each mining registrar's office throughout the State for the respective mining warden to consider, before imposing a penalty;
(b) if no to (a), why not; and
(c) for all DMP mining registrar offices, what are the factual circumstances in which the DMP has considered and recommended no penalty be imposed when late lodgement of form 5 expenditure reports are received?
AnswerView source ↗
Answered
10 October 2017
Responded by
Minister for Regional Development representing the Minister for Mines and Petroleum
Response time
8 days
(b) The Mining Warden is independent of the Department of Mines, Industry Regulation and Safety. A penalty imposed by the Mining Warden is at their discretion, and the Department of Mines, Industry Regulation and Safety does not make recommendations to the Mining Warden regarding penalties. Under section 96(3) of the Mining Act 1978 the Mining Warden may impose a penalty of up to $75 000 if the holder is an individual or $150 000 if the holder is a body corporate. (c) The Mining Warden makes his/her decision at their discretion. Reasons for no penalty imposed have included death, ill-health and on-line computer issues.
(c) The Mining Warden makes his/her decision at their discretion. Reasons for no penalty imposed have included death, ill-health and on-line computer issues.
(c) The Mining Warden makes his/her decision at their discretion. Reasons for no penalty imposed have included death, ill-health and on-line computer issues.
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