Who must comply with NSW mining safety obligations (Work Health and Safety (Mines and Petroleum?

NSW mine operators face mine-specific WHS obligations + Resources Regulator oversight.

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.

Applies when the business has industry: Mining & resources.

How the regulator frames it: NSW mine operators + PCBUs in mining operations.

What triggers it: Operating a mine in NSW.

Jurisdiction: New South Wales law only. A business with no operations in NSW is outside it, whatever the rest of the test says.

Outcome across the 35 industries Rules Mate maps (1 of 35: yes; 34 of 35: no).

Structure does not change the answer in mining & resources: for every structure the answer is "yes".

Size does not change the answer in mining & resources: at every size band the answer is "yes".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in mining & resources with 6–19 employees, turnover $1M–$3M: applies. Industry: Mining & resources.
• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires industry: Mining & resources.

When due

Continuous.

Frequency

Ongoing

Evidence to keep

SMS, principal mining hazard management plans, statutory functions appointments, audit records.

Status

Current

Priority

Critical

Maximum penalty: Cat 1/2/3 WHS framework; industrial manslaughter under model NSW WHS Act 2024 amendments.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

If this obligation applies to you, so do these 2: the engine uses the same rule for each.

• QLD coal mining safety obligations (Coal Mining Safety and Health Act 1999)
• WA mining safety (Mines Safety and Inspection Act 1994)

• Notify SafeWork NSW of notifiable WHS incidents: Death, serious injury, illness, dangerous incident — notify SafeWork NSW immediately.
• PCBU 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.

Across the 1,890 business profiles Rules Mate evaluates, these obligations apply to most of the businesses this one applies to, and are far more common among them than among businesses generally:

• Maintain mining rehabilitation bonds + closure plans: applies to 100% of the same businesses (35.0× the overall rate)
• State mining royalties: applies to 100% of the same businesses (35.0× the overall rate)
• Hold a High Risk Work Licence for HRWL classes: applies to 100% of the same businesses (17.5× the overall rate)
• Maintain Hazardous Chemicals Register + manifest (WHS Reg): applies to 100% of the same businesses (11.7× the overall rate)

Rules Mate tracks 28 published obligations tagged "whs", 23 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 16 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is an ongoing duty.

Regulated by SafeWork NSW.

SafeWork NSW: WHS regulator and workers' compensation insurer for NSW.

• SafeWork NSW

Free tools that help with this obligation:

• Payday Super readiness
• Right to Disconnect policy
• WGEA readiness