NSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act 2013)
NSW mine operators face mine-specific WHS obligations + Resources Regulator oversight.
Who must comply
NSW mine operators + PCBUs in mining operations.
What triggers it
Operating a mine in NSW.
When due
Continuous.
Evidence required
SMS, principal mining hazard management plans, statutory functions appointments, audit records.
Max penalty
Cat 1/2/3 WHS framework; industrial manslaughter under model NSW WHS Act 2024 amendments
Summary
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.
Enforced by
Source legislation
Industries
Topics
Related obligations
- NSWPCBU primary duty of care (NSW WHS Act s 19)NSW PCBUs must so far as reasonably practicable ensure the health and safety of workers and others.
- NSWNotify SafeWork NSW of notifiable WHS incidentsDeath, serious injury, illness, dangerous incident — notify SafeWork NSW immediately.
- QLDQLD coal mining safety obligations (Coal Mining Safety and Health Act 1999)QLD coal mine operators must ensure acceptable level of risk under the Act.
- WAWA mining safety (Mines Safety and Inspection Act 1994)WA mine operators must ensure safe and healthy mines under MSIA + WHS Act 2020.
- NSWComply with NSW Design and Building Practitioners Act 2020Designers + builders of Class 2-9 buildings in NSW must register + lodge declarations.
- NSWPay long service leave under the LSL Act 1955 (NSW)NSW employees accrue 2 months LSL after 10 years' continuous service, payable on resignation after 5 years.
Frequently asked questions
- Who must comply with NSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act 2013)?
- NSW mine operators + PCBUs in mining operations.
- What triggers NSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act 2013)?
- Operating a mine in NSW.
- When is NSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act 2013) due?
- Continuous.
- What is the maximum penalty for NSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act 2013)?
- Cat 1/2/3 WHS framework; industrial manslaughter under model NSW WHS Act 2024 amendments
- What evidence is required for NSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act 2013)?
- SMS, principal mining hazard management plans, statutory functions appointments, audit records.
Source: https://www.resourcesregulator.nsw.gov.au. Rules Mate is not a law firm. Always verify against the live regulator source before acting.