New enforcement tools and how they’ll be used
Publish date: 5 December 2022
We have updated our compliance approach to include information about the new enforcement tools we have to respond to non-compliance with the Crown Minerals Act.
The compliance approach document includes information about
- how we decide on what approach to take to encourage compliance or respond to non-compliance
- the tools we have available to us (including the new tools that have been introduced) and how they fit into our regulatory operating mode (the VADE model).
You can find the document and further information about how we regulate on our website.
About the new enforcement tools
In December last year, the Crown Minerals Act (the Act) was amended. Some of the changes introduced new tools that we as the regulator can use to respond to non-compliance with the Act.
These new tools include
- Compliance notices: A notice that we can give a person if we believe, on reasonable grounds, that they are breaching the requirements of the Act. The notice will say what the breach is and a time when it will need to be remedied.
- Enforceable undertakings: An agreement not to prosecute if the party breaching the Act agrees to meet certain conditions or take action to fix the problem.
- Infringement notices: Instant fees for non-compliance with certain requirements.
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