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
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 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) 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) legislation scheme commenced 1 February 2016.
Read more about the WHS (Mines and Petroleum Sites) legislation.
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 [145 KB PDF].
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.
Outdated references in publications
Please check the publication date of any document you download from this website, as information published before February 2015 may not reflect the current legislation. Also, some publications may be branded by previous agency names including:
- NSW Department of Industry
- NSW Trade & Investment
- NSW Industry & Investment
- NSW Department of Primary Industries or
- NSW Mineral Resources.
To keep up-to-date with changes to WHS legislation, subscribe to Mine Safety News.
Repealed Acts and Regulations can be accessed at either www.legislation.nsw.gov.au or www.austlii.edu.au/au/nsw. Note thatOccupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001 were repealed as at 1 January 2012.