Investigation Services Unit

Enforcement is an essential element in controlling or regulating activities and gaining compliance with statutory requirements. This is done by detecting breaches, bringing them to the attention of the alleged offender, requiring corrective of preventative action, applying penalties (directly or through the courts) and providing deterrence.

The legislation administered by DoIR allows it to determine when enforcement is required and what enforcement measures are appropriate to encourage compliance. DoIR encourages a practical, result orientated resolution of alleged breaches to prevent present or future damage to resources or the environment, and avoid adverse impact on the public.

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Investigations Services at DoIR investigate and prosecute serious breaches of the legislation that fall within the scope of the department's enforcement and prosecution policy. Investigation Services contact details are available via the 'Contact Infomation' link on this page.

The jurisdiction of the ISU covers all of WA, on and offshore and for this reason the assistance of prospectors, the public and industry is needed. 

If you would like to bring suspected breaches of the Mining Act to the attention of the ISU, contact them on:

• Investigation Services Unit :  (08) 9222 3093
• DoIR Nationwide (freecall) : 1800 628 767
• E-mail :   isu@doir.wa.gov.au
• Fax:   (08) 9218 9850

To ensure that the ISU is able to effectively deal with your suspicions, please include as much of the following information as possible, such as ;

• Vehicle details
• Photographs
• GPS Coordinates
• Description of person(s) involved
• Description of area and the suspicious activity
• Your Contact details

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The Department of Industry and Resources (DoIR) is responsible to the Minister for State Development for administering State and Commonwealth Acts of Parliament.

The main Acts are:

• Industry and Technology Development Act 1998
• Mining Act 1978
• Petroleum Act 1967
• Petroleum Pipelines Act 1969

The following Commonwealth legislation is administered by the Department through the Commonwealth/Western Australian Offshore
Petroleum/Minerals Joint Authorities:

• Offshore Minerals Act 1994
• Petroleum (Submerged Lands) Act 1967

In administering these Acts, DoIR works with a number of Government departments including the Department of Environment, Department of Water, WA Police Gold Stealing Detection Unit and the Department of Consumer and Employment Protection.

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You should be aware that authorised DoIR officers (or a Police officer) may:

• Enter any mining tenement or land where mining activities are being carried out
• Require a person to produce documentation or evidence of their name address and authority of that person to mine on the land
• Direct a person to cease mining (which includes prospecting) on the  land
• Use necessary force to remove a person and any machinery being used for the purpose of mining from the land if a direction to cease mining is not complied with
• Arrest a person who does not comply with their request or direction, or who obstructs them in making such a request or direction.

Penalties

You should be aware that penalties for breaches of the Mining Act can be substantial for example:

• The penalty for committing the offence of mining (this includes prospecting) without authority is up to $100,000 and if the offence is a continuing one, a further fine of up to $10,000 for every day during which the offence has continued.
• The penalty for removing any mineral or other mining product from a mining tenement of any other person, without the tenements holder’s authority is up to $10,000  and if the offence is a continuing one, a further fine of up to $1,000 for every day during which the offence has continued
• The penalty for assaulting, obstructing, hindering or insulting any DoIR or police officer in the performance of their duties is up to $10,000 (penalties under the Criminal code can include imprisionment.)
• The penalty for refusing or failing to comply with a lawful request or direction made by an authorised DoIR or police officer is up to $10,000
• The penalty for re-entering a mining tenement that a person has been lawfully evicted from is up to $10,000.

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