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
Who must comply with this? The applicability test by industry, business structure and size.
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
- 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.
- WAWA mining safety (Mines Safety and Inspection Act 1994)WA mine operators must ensure safe and healthy mines under MSIA + WHS Act 2020.
- 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.
- 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.
Reading
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.