Who must comply with WA mining safety (Mines Safety and Inspection Act 1994)?
The applicability test for WA mining safety (Mines Safety and Inspection Act 1994) (WorkSafe WA), computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Some businesses
Applies when the business has industry: Mining & resources.
What the obligation is
WA mine operators must ensure safe and healthy mines under MSIA + WHS Act 2020.
The Mines Safety and Inspection Act 1994 (WA), as supplemented by the WHS Act 2020 (WA), imposes statutory positions (registered manager, mine surveyor), risk-management duties, and serious accident notification. WA mining industrial manslaughter operates under the WHS Act 2020 from 31 March 2022.
The applicability test
Applies when the business has industry: Mining & resources.
How the regulator frames it: WA mining operators and registered managers.
What triggers it: Holding a mining tenement and conducting mining activities.
Jurisdiction: Western Australia law only. A business with no operations in WA is outside it, whatever the rest of the test says.
Which industries are in or out
Outcome across the 35 industries Rules Mate maps (1 of 35: yes; 34 of 35: no).
| Industry | Answer |
|---|---|
| Mining & resources | Yes |
| No | 34 other industries |
Business structure and size
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".
Worked examples
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.
What you must do, and when
- When due
- Continuous.
- Frequency
- Ongoing
- Evidence to keep
- Statutory position records, safety management plans, audit + serious accident notification logs.
- Status
- Current
- Priority
- Critical
Penalty for not complying
Maximum penalty: WA industrial manslaughter Class A: $10M (corp) + 20 years (individual)
Criminal liability
Audit or assurance level
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.
Obligations with the same applicability test
If this obligation applies to you, so do these 2: the engine uses the same rule for each.
What usually applies alongside it
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)
Where it sits in the corpus
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.
Regulator, legislation and tools
Regulated by WorkSafe Western Australia.
WorkSafe WA: WA WHS regulator under WHS Act 2020 (WA).
Free tools that help with this obligation:
Questions
- Who must comply with WA mining safety (Mines Safety and Inspection Act 1994)?
- Applies when the business has industry: Mining & resources.
- Does WA mining safety (Mines Safety and Inspection Act 1994) apply to sole traders?
- Yes. Looking in mining & resources and every size band, the engine's answer for a sole trader is: yes.
- Does WA mining safety (Mines Safety and Inspection Act 1994) apply to businesses with 1–5 employees?
- Yes (1–5 employees, turnover $100K–$1M).
- When is "WA mining safety (Mines Safety and Inspection Act 1994)" due?
- Continuous.
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.