Mining

Work health and safety (WHS) in the mining industry is regulated by states and territories. Australian Government does not regulate WHS in the mining industry.

Safe Work Australia worked with the National Mine Safety Framework (NMSF) to develop draft model WHS Mines Regulations.

It was intended the model Mines Regulations would be included in the model WHS Regulations. However, when the draft model Mines Regulations were finalised, the necessary majority agreement of state and territory Ministers was not achieved. Therefore, the model Mines Regulations are not part of the model WHS Regulations.

In September 2014, the draft model Mines Regulations were circulated to states and territories to consider them for implementation.

South Australia and the Northern Territory have mining regulations based on the draft model Mines Regulations. NSW has mining regulations that include the draft model Mines Regulations and other additional requirements. Victoria, Queensland, Western Australia and Tasmania have retained their existing regulations for mine safety. The Australian Capital Territory regulates mine safety using the general provisions of their WHS legislation.

A summary of the WHS regulatory framework for mining is set out below.

Jurisdiction Mining Legislative Framework
New South Wales (NSW)

WHS requirements for mining are regulated through the:

NSW’s legislation is based on the draft model Mines Regulations and other state and territory provisions.

More information about NSW’s WHS regulatory framework for mining is available at the Department of Industry, Resources and Energy website.
Victoria

WHS requirements for mining are regulated through:

More information about Victoria’s WHS regulatory framework for mining is available at the WorkSafe Victoria website.
Queensland

WHS requirements for mining are regulated through the:

More information about Queensland’s WHS regulatory framework for mining is available at the Queensland Government website.

Note: This legislation is under review. Information about the review is available at the Department of Natural Resources and Mines website.
Western Australia (WA)

WHS requirements for mining are regulated through the:

More information on WA’s WHS regulatory framework for mining is available at the Department of Mines and Petroleum website.

Note: This legislation is under review. Information about the review is available at the Department of Mines and Petroleum website.
South Australia (SA)

WHS requirements for mining are regulated through:

SA’s legislation for mining is based on the draft model Mines Regulations.

More information is available at the SafeWork SA website.
Tasmania

WHS requirements for mining are regulated through the:

More information about Tasmania’s WHS regulatory framework for mining is available at the WorkSafe Tasmania website.

Note: This legislation is under review.
Australian Capital Territory (ACT)

WHS requirements for mining are regulated through the:

The ACT is considering the implementation of the draft model Mines Regulations.
Northern Territory (NT)

WHS requirements for mining are regulated through the:

NT’s legislation is based on the draft model Mines Regulations.

More information is available at the NT Worksafe website.

Note: Contact the regulator in each state or territory to confirm WHS requirements for mining in each jurisdiction.

Model Codes of Practice for Mining

To support the model Mines Regulations, a number of model Codes of Practice were jointly developed by the NMSF and Safe Work Australia.  The draft model Codes were released for public consultation in July 2011 and made available on the Safe Work Australia website.

The draft model Codes were revised following public consultation but were not formally endorsed as completed because the draft model Mines Regulations had not received the necessary majority agreement.

In April 2013 the NMSF Steering Group was formally dissolved by the then Standing Council on Energy and Resources. An informal group of senior regulatory officials in each state and territory—the Conference of Chief Inspectors of Mines (CCIM)—has taken over the role of monitoring the implementation of the NMSF. A new website for the CCIM is currently being developed.

The CCIM recently agreed the final versions of the model Codes of Practice for mining should be published on the new CCIM website. Once the final versions are published, a link will be added to this web page.

 

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Questions should be emailed to info@swa.gov.au.

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