Fines or Jail for Mining Companies That Fail to Stop Risks to the Public and Environment
Mineral Resources (Sustainable Development) Amendment Bill 2023
Legislative Assembly
Legislative Council
Assent
Topics
criminal penalties environmental protection environmental risk extractive industry land management land rehabilitation mineral exploration mining public safety
Introduced by: The Hon Ingrid Stitt MLC (ALP); Lily D'Ambrosio MP (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
People and companies doing mining, exploration, or land rehabilitation must do everything reasonably possible to stop or reduce risks to the environment, the public, land, property, and infrastructure.
Corporations face fines up to 10,000 penalty units (2026: $2,091,000), and individuals can be fined up to 2,000 penalty units (2026: $418,200), if they fail to manage these risks.
If a person intentionally or recklessly ignores these risk duties and causes serious harm, they can be fined up to 4,000 penalty units (2026: $836,400) or jailed for up to 5 years; companies face fines of up to 20,000 penalty units (2026: $4,182,000) for these serious breaches.
Mining and prospecting licence holders cannot work unless the Department Head determines the risk level.
Mining licence holders must have an approved rehabilitation plan if the risk level is moderate or higher.
Exploration and retention licence holders cannot work until the Department Head determines the risk level.
Licence and authority holders must notify the Department Head of any material changes that increase risk.
Lower risk authority holders must follow a Code of Compliance issued by the Resources Minister.
Failing to tell the Department Head about these changes carries a fine of up to 10,000 penalty units (2026: $2,091,000) for companies or 2,000 penalty units (2026: $418,200) for individuals.
People cannot refuse to give this information to the Department Head just because it might incriminate them or lead to a penalty.