Work health and safety in the mining industry is regulated by states and territories.
New South Wales, Queensland and Western Australia have separate mining work health and safety regulations.
Regulations for mining are covered under the general work health and safety regulations in the other jurisdictions with smaller mining industries.
A summary of the regulatory frameworks for mining in each jurisdiction is set out below.
|Jurisdiction||Mining Legislative Framework|
|Australian Capital Territory, Tasmania||Possible implementation of model WHS (Mines) Regulations in 2014.|
|Northern Territory, Victoria, Commonwealth||Mining regulated under general work health and safety legislation with some specific mining regulations|
|Queensland||Mining regulated under industry specific mining Acts|
|New South Wales||In July 2013 the Work Health and Safety (Mines) Bill passed, enabling the development of mining specific regulations. Mining regulations are currently being drafted based on the model WHS (Mines) Regulations and the ‘non-core’ provisions.|
|Western Australia||New work health and safety legislation for the Western Australian resources sector is expected to be introduced in early 2015 based on the model WHS laws.|
|South Australia||The model WHS (Mines) Regulations commenced on 1 January 2014 as Chapter 10 of the Work Health and Safety Regulations 2012 (SA).|
The model Work Health and Safety (WHS) Act and the model Work Health and Safety (WHS) Regulations as adopted by the Australian Capital Territory, the Commonwealth, New South Wales and the Northern Territory apply to mining in those jurisdictions and will apply in Tasmania and South Australia from 1 January 2013.
Safe Work Australia has developed model Work Health and Safety (Mines) Regulations in cooperation with the National Mine Safety Framework (NMSF) Steering Group to be included in the model WHS Regulations. Once these regulations are finalised it is intended they will be progressively implemented by the jurisdictions.For more information on the process for developing these regulations, go to the draft model Work Health and Safety Regulations and Codes of Practice for Mining.