Mining safety legislation | NSW - Australasian Mine Safety Journal

Are you searching through for the latest regulatory information on mine safety or mining environmental protection in NSW? We have assembled the latest links to mining safety legislation, mining safety regulators and inspectors in NSW.

MINING SAFETY LEGISLATION | NEW SOUTH WALES

Mining safety legislation is administered by the NSW Mines Regulator (currently called the Resources Regulator) and is part of the NSW Department of Planning & Environment. There are several types of legislation applicable to mining safety in NSW not to mention several codes of practice, guidance notes and information circulars.

NSW Work Health and Safety (WHS) legislation

The Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2017 apply to all workplaces in NSW, including mining workplaces.

NSW Work Health and Safety (Mines and Petroleum Sites) legislation

The Work Health and Safety (Mines and Petroleum Sites) Act 2013 and Work Health and Safety (Mines and Petroleum Sites) Regulation 2014 apply to all mines and petroleum sites in NSW. These laws support the WHS Act and WHS Regulation and provide additional provisions for work health and safety issues unique to mines and petroleum sites.

The current WHS (Mines and Petroleum Sites) legislation commenced on 1 February 2015. It was drafted based on the national model WHS Regulations for mining and the additional tri-state mining provisions agreed by NSW, Queensland and Western Australia. The new legislation replaced the Coal Mine Health and Safety Act 2002, Coal Mine Health and Safety Regulation 2006, Mine Health and Safety Act 2004 and Mine Health and Safety Regulation 2007.

Amendments to bring petroleum regulation into the WHS (Mines and Petroleum Sites) legislation scheme commenced 1 February 2016.

Read more about the WHS (Mines and Petroleum Sites) legislation.

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NSW Radiation Control Act

The Radiation Control Act 1990 has been amended to include ‘radioactive ores’ and the new legislation commenced on 1 July 2013. The change gives jurisdiction to the Mine Safety regulator over exploration, mining, and processing of radioactive ores in NSW.

Read the information sheet Changes to Radiation Control Act affecting mining-related activities

NSW Explosives legislation

The use of explosives in all NSW workplaces is covered by the Explosives Act 2003 and Explosives Regulation 2013. The main purpose of the legislation is to improve public safety and security of explosives (as well as concentrated ammonium nitrate) by preventing unauthorised access. Under the legislation, anyone handling explosives needs to hold a Blasting explosives users license.