Imposition of daily penalty pursuant to s 155(1) Mining Act 1978 (WA)
Whether quantum of penalty mandatory
Quick Take
1The daily penalty specified in s 155(1) of the Mining Act 1978 (WA) for continuing offences of unauthorised mining is a maximum penalty, not a mandatory penalty; the sentencing court retains discretion as to the quantum of the daily penalty imposed.
2A legislative intention to impose a mandatory or minimum penalty requires clear and unambiguous language; absent such language, the penalty stated is the maximum and a lesser penalty of the same kind may be imposed pursuant to s 9(2) of the Sentencing Act 1995 (WA).
