---
title: "Work out whether a mining rehabilitation levy is payable"
url: "https://ailawframework.com/practice/energy-resources-and-mining/work-out-whether-a-mining-rehabilitation-levy-is-payable"
type: "task"
site: "AI Law Framework"
id: "A13-PU20261022-10"
practice_area: "Energy, Resources & Mining"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Work out whether a mining rehabilitation levy is payable

> From the disturbance records, list each tenement, whether it is held under the Mining Act or under a State agreement, the rehabilitation liability estimate the holder has calculated, and whether that estimate is above…

Canonical page: https://ailawframework.com/practice/energy-resources-and-mining/work-out-whether-a-mining-rehabilitation-levy-is-payable  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Energy, Resources & Mining](https://ailawframework.com/practice/energy-resources-and-mining.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the disturbance records, list each tenement, whether it is held under the Mining Act or under a State agreement, the rehabilitation liability estimate the holder has calculated, and whether that estimate is above $50,000. Do not apply a unit rate and do not lodge the report. |
| What the lawyer must review | The lawyer decides the levy and approves the report. Western Australia states that holders of Mining Act 1978 tenure, other than most tenements covered by State agreements, report disturbance each year and contribute to the Mining Rehabilitation Fund. A tenement whose rehabilitation liability estimate is at or below $50,000 must still report, and is not required to pay. The Mining Rehabilitation Fund Regulations 2013 set the categories of disturbance and the unit rates. Those rates were not opened, so none is stated. The department says the estimate is the basis of the levy and is not the real cost of rehabilitating the site. The fund does not remove the holder's obligation to rehabilitate. The reporting guidelines of February 2025 were not opened, so the lodgement date is not stated. The lawyer confirms the date and the rates before the report is lodged. This is the statutory levy, not an accounting provision for rehabilitation. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to the file and leave the decision to the lawyer.

- What the AI does: From the disturbance records, list each tenement, whether it is held under the Mining Act or under a State agreement, the rehabilitation liability estimate the holder has calculated, and whether that estimate is above $50,000. Do not apply a unit rate and do not lodge the report.
- What the lawyer does: The lawyer decides the levy and approves the report. Western Australia states that holders of Mining Act 1978 tenure, other than most tenements covered by State agreements, report disturbance each year and contribute to the Mining Rehabilitation Fund. A tenement whose rehabilitation liability estimate is at or below $50,000 must still report, and is not required to pay. The Mining Rehabilitation Fund Regulations 2013 set the categories of disturbance and the unit rates. Those rates were not opened, so none is stated. The department says the estimate is the basis of the levy and is not the real cost of rehabilitating the site. The fund does not remove the holder's obligation to rehabilitate. The reporting guidelines of February 2025 were not opened, so the lodgement date is not stated. The lawyer confirms the date and the rates before the report is lodged. This is the statutory levy, not an accounting provision for rehabilitation.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Separate Mining Act tenements from State-agreement tenements before a levy is treated as payable.
2. Do not convert the liability estimate into a dollar levy. The unit rates were not on the page that was opened.
3. Confirm the report is lodged by the date the lawyer has taken from the current guidelines, and that the tool has not inserted a rate.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Western Australian Government: About the Mining Rehabilitation Fund](https://www.wa.gov.au/organisation/department-of-mines-petroleum-and-exploration/about-the-mining-rehabilitation-fund) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/energy-resources-and-mining/work-out-whether-a-mining-rehabilitation-levy-is-payable/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*