All legislation for NSW mining workplaces
The Resources Regulator specialises in regulating high risk open-cut and underground mines, petroleum sites, quarries and extractive operations, tourist mines, opal and other small-scale mines and mining exploration activities.
When granted a right to explore for, extract, or produce minerals, duty holders are required to operate in accordance with certain standards and obligations.
The following laws apply to all NSW mines and petroleum sites. A 'mine' is where mining operations are carried out or a tourist mine. A 'petroleum site' is a place where petroleum operations are carried out.
Refer to the WHS (Mines and Petroleum sites) legislation page for a more detailed definition of the term.
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.
Read more about WHS legislation.
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 2022 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.
WHS (Mines and Petroleum Sites) legislation contains further information about this legislation.
Mining Act
The Mining Act 1992 applies to holders of exploration licences, assessment leases and mining leases. The Act provides an integral framework for the effective regulation of exploration and mining operations to ensure that mineral resources are identified and developed in ways that minimise impacts on the environment.
Petroleum (Onshore) Act
The Petroleum (Onshore) Act 1991 applies to holders of petroleum exploration licences, assessment leases and production leases. The Act provides an integral framework for the effective regulation of onshore petroleum exploration and production operations to ensure that petroleum resources (including coal seam gas) are identified and developed in ways that minimise impacts on the environment.
The NSW Environment Protection Authority (EPA) is the sole authority responsible for compliance and enforcement of all coal seam gas exploration and production activities - with the exception of work health and safety issues.
Protection from Harmful Radiation Act
The NSW radiation laws aim to protect people and the environment by minimising harmful radiation exposure, while enabling the beneficial use of radiation through the Protection from Harmful Radiation Act 1990.
The Act makes provision for the regulation and control of the sale, use, keeping and disposal of radioactive substances and radiation apparatus and to secure the protection of persons and the environment from exposure to ionising and harmful non-ionising radiation.
The NSW Environment Protection Authority (EPA) is responsible for compliance and enforcement of the protection from harmful radiation.
NSW Mine Safety have the power to assess, monitor and enforce compliance with health and safety legislation governing mining of radioactive ores or naturally occurring radioactive material.
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 licence.