Statute Details
- Title: Resource Sustainability (Composition of Offences) Regulations 2019
- Act Code: RSA2019-RG2
- Type: Subsidiary Legislation (SL)
- Authorising Act: Resource Sustainability Act 2019 (Section 52)
- Key Provision(s): Section 2 (Compoundable offences)
- Commencement: 1 January 2020 (as reflected in the 2025 Revised Edition)
- Current Version: Current version as at 27 March 2026 (with 2025 Revised Edition dated 2 June 2025)
- Legislative History (high level):
- 1 Jan 2020: SL 901/2019
- 23 Nov 2021: Amended by S 894/2021
- 22 Jan 2025: Amended by S 57/2025
- 2 Jun 2025: 2025 Revised Edition
What Is This Legislation About?
The Resource Sustainability (Composition of Offences) Regulations 2019 (“the Regulations”) are subsidiary legislation made under the Resource Sustainability Act 2019 (“the Act”). In practical terms, the Regulations identify which specific offences under the Act may be “compounded” by an authorised officer. “Compounding” is a mechanism that allows certain alleged offences to be resolved without going through the full criminal process, typically by paying a composition sum and complying with any conditions set under the Act.
In plain language, the Regulations help the enforcement system work efficiently. Instead of prosecuting every breach that occurs under the Resource Sustainability framework, the law permits selected offences to be dealt with administratively—provided the offence is within the list set out in the Regulations and the compounding procedure under the Act is followed.
Although the Regulations are short in the extract provided, their legal significance is substantial. By specifying the offences that are compoundable (and excluding continuing offences), the Regulations directly affect enforcement strategy, risk assessment for regulated entities, and how practitioners advise clients on incident response, settlement options, and potential exposure to criminal proceedings.
What Are the Key Provisions?
1. The Regulations’ operative rule: which offences may be compounded
Section 2 of the Regulations is the core provision. It states that the offences under specified sections of the Act “(other than a continuing offence) may be compounded by an authorised officer in accordance with section 49 of the Act.” This means that compounding is not available for every offence under the Act—only those enumerated in Section 2.
For practitioners, the list is the starting point for advising whether a matter is potentially compoundable. If the alleged conduct falls within one of the listed Act provisions, the matter may be suitable for compounding. If it does not, the enforcement authority would generally proceed through prosecution (subject to other legal discretion and enforcement policies).
2. Offences covered: a defined set across multiple Act provisions
Section 2 enumerates offences under the Act, including offences under sections 8(2), 13(4) and (8), 14(3) and (6), 15(3) and (6), 16(4), 17(3), 18(3), 20(4), 21(3), 22(3), 23(3), 23B(2), 23F(3), 23G(2), 23H(2), 23I(4), 23J(3), 23K(3), 23L(2) and 34(3).
While the extract does not reproduce the text of those Act sections, the legal effect is clear: the Regulations “turn on” compounding for those particular offence types. In practice, these provisions likely correspond to discrete regulatory breaches (for example, failures relating to licensing/permits, reporting or compliance obligations, or other specified conduct). The precise nature of each offence will depend on the corresponding section of the Act.
3. Exclusion of continuing offences
Section 2 expressly excludes “a continuing offence.” This is a critical limitation. Continuing offences typically involve ongoing contraventions that persist over time (for example, a failure that continues day after day). By excluding continuing offences, the Regulations indicate that compounding is intended for offences that are not ongoing in nature, or at least not treated as continuing under the Act.
For counsel, this exclusion affects strategy. If the alleged breach is characterised as continuing, compounding may be unavailable, and the client’s exposure may be higher. Conversely, if the breach is a one-off event (or can be credibly framed as such), compounding may be a realistic route.
4. Compounding must be “in accordance with section 49 of the Act”
Section 2 does not itself set the composition sum or procedural steps; it cross-refers to section 49 of the Act. This is a common legislative technique: the Regulations identify the eligible offences, while the Act provides the compounding framework (including who may compound, how the offer is made, what conditions apply, and the legal consequences of compounding).
Accordingly, a practitioner should read Section 2 together with section 49 of the Act. The combined reading will determine:
- the scope of the authorised officer’s power;
- the process for compounding (e.g., whether the officer offers compounding or whether the accused may apply);
- the effect of paying the composition sum (e.g., whether it discharges liability from prosecution for that offence); and
- any requirements for payment, documentation, or acknowledgements.
How Is This Legislation Structured?
The Regulations are structured as a short instrument with at least two sections in the extract:
- Section 1 (Citation): provides the formal name of the Regulations.
- Section 2 (Compoundable offences): sets out the list of offences under the Act that may be compounded by an authorised officer, subject to the exclusion of continuing offences and compliance with section 49 of the Act.
In other words, the Regulations function as a “designation” instrument. They do not create new offences; they specify which existing offences under the Act are eligible for the administrative resolution mechanism of compounding.
Who Does This Legislation Apply To?
The Regulations apply to persons who are alleged to have committed the specified offences under the Resource Sustainability Act 2019. In most regulatory regimes, such offences may be committed by individuals, corporate entities, or responsible officers depending on how the Act defines liability and the nature of the underlying obligations.
Practically, the Regulations are most relevant to regulated entities and their legal advisers because compounding decisions often arise after inspections, audits, incident reports, or enforcement notices. The “authorised officer” concept means that enforcement officers (appointed under the Act) have the power to compound eligible offences, subject to the statutory procedure in section 49.
Because Section 2 excludes continuing offences, the applicability also depends on how the alleged conduct is legally characterised. The same factual scenario may be treated differently depending on whether it is considered continuing under the Act’s offence structure.
Why Is This Legislation Important?
1. It directly shapes enforcement outcomes and settlement options
The Regulations are important because they determine whether a client can potentially resolve an alleged breach through compounding rather than prosecution. For businesses, compounding can reduce time, cost, and reputational harm associated with criminal proceedings. For individuals, it can similarly avoid the uncertainty and stigma of prosecution—subject to the legal consequences of compounding under section 49 of the Act.
2. It provides a clear compliance and risk-management signal
By listing specific Act offences that are compoundable, the Regulations implicitly indicate which types of breaches are considered suitable for administrative resolution. This can guide compliance teams in prioritising controls, especially where certain obligations are more likely to be enforced through compounding rather than court action.
3. It affects legal advice on incident response
When an enforcement action arises, counsel must quickly determine: (a) which Act offence is alleged; (b) whether that offence is within the compoundable list; (c) whether the offence is a continuing offence; and (d) whether the compounding procedure under section 49 is available. The Regulations provide the first two answers—eligibility and continuing-offence exclusion—so they are central to early-stage legal triage.
In addition, the cross-reference to section 49 means practitioners must integrate advice across the Act and the Regulations. For example, counsel should consider whether compounding requires admission of facts, whether there are conditions attached, and how compounding affects future enforcement or repeat breaches (depending on how the Act addresses repeat conduct and the consequences of compounding).
Related Legislation
- Resource Sustainability Act 2019 (authorising Act; in particular, section 49 on compounding and section 52 on making regulations)
Source Documents
This article provides an overview of the Resource Sustainability (Composition of Offences) Regulations 2019 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.