Does NSW mining safety obligations (Work Health and Safety (Mines and Petroleum apply to mining and resources?
A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.
Short answer: Yes
Yes. This obligation applies to mining and resources whatever their structure or size. The deciding fact: Industry: Mining & resources.
The obligation in brief
NSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act 2013). The WHS (Mines and Petroleum Sites) Act 2013 (NSW) applies WHS Act provisions plus mining-specific duties. Mine operator must have a documented safety management system, principal mining hazard management plans for ground stability, fire/explosion, gas outbursts, dust/airborne contaminants, etc.
Trigger: Operating a mine in NSW.
Why mining & resources get a different answer
Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 34 of those industries the answer for "NSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act" is no. Mining & resources is one of the 1 where the answer is different: yes.
The deciding fact for mining and resources: Industry: Mining & resources.
About the industry: Mining operations subject to state mining safety regimes, NGER, and royalty obligations.
Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires industry: Mining & resources).
Answer by business structure and size
Each cell is the engine's outcome for a business in mining & resources with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.
| Structure | No employees | 1–5 employees | 6–19 employees | 20–99 employees | 100–499 employees | 500+ employees |
|---|---|---|---|---|---|---|
| Sole trader | Yes | Yes | Yes | Yes | Yes | Yes |
| Partnership | Yes | Yes | Yes | Yes | Yes | Yes |
| Trust | Yes | Yes | Yes | Yes | Yes | Yes |
| Pty Ltd company | Yes | Yes | Yes | Yes | Yes | Yes |
| Public company | Yes | Yes | Yes | Yes | Yes | Yes |
| Not-for-profit (unregistered) | Yes | Yes | Yes | Yes | Yes | Yes |
| Registered charity | Yes | Yes | Yes | Yes | Yes | Yes |
| Super fund | Yes | Yes | Yes | Yes | Yes | Yes |
| Foreign company | Yes | Yes | Yes | Yes | Yes | Yes |
What the obligation requires
- When due
- Continuous.
- Evidence to keep
- SMS, principal mining hazard management plans, statutory functions appointments, audit records.
- Maximum penalty
- Cat 1/2/3 WHS framework; industrial manslaughter under model NSW WHS Act 2024 amendments
- Regulator
- SafeWork NSW
- Jurisdiction
- NSW only
Other obligations where mining & resources differ from the norm
- Comply with the respirable crystalline silica workplace exposure limit (0.05 mg/m³): Yes
- Maintain Hazardous Chemicals Register + manifest (WHS Reg): Yes
- QLD coal mining safety obligations (Coal Mining Safety and Health Act 1999): Yes
- WA mining safety (Mines Safety and Inspection Act 1994): Yes
- Hold a High Risk Work Licence for HRWL classes: Yes
- EPBC Act — assess + approve controlled actions affecting MNES: Only if
- All 18 answers for mining & resources
Questions
- Does NSW mining safety obligations (Work Health and Safety (Mines and Petroleum apply to mining and resources?
- Yes. This obligation applies to mining and resources whatever their structure or size. The deciding fact: Industry: Mining & resources.
- Is the answer the same for every industry?
- No. For 34 of the 35 industries Rules Mate maps, the answer is no. Mining & resources is one of 1 industries with a different answer.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.