We are the state’s work health and safety regulator for mines and petroleum sites. This includes open-cut and underground mines, petroleum sites, quarries and extractive operations, tourist mines, opal and other small scale mines and mining exploration activities. We also undertake compliance and enforcement activities in relation to the Mining Act 1992, with a key focus on mine rehabilitation. We were established on 1 July 2016 as a standalone regulator.

Our role includes:

  • receiving and considering complaints, alleged breaches of the Mining Act and safety incident notifications;
  • providing information and guidance about safety and other regulatory obligations to protect and support industry, workers, the community and the state;
  • conducting probity and compliance checks on applicants for grant/renewal/transfer title applications;
  • conducting inspections and investigations;
  • assessing licensing, registration applications and grants applications for occupational licences (practising certificates and certificates of competence);
  • regulation of exploration activities including the issuing of Activity Approvals and ensuring compliance with title conditions and Codes of Practice;
  • taking enforcement action such as issuing prohibition and other statutory notices and taking prosecution action;
  • providing advice to the appropriate development consent authority regarding the appropriateness of rehabilitation strategies included in development applications, including advice on conditioning;
  • supporting and administering the NSW Mine Safety Advisory Council and NSW Mining and Petroleum Competence Board; and
  • administering the mine and petroleum site safety fund (mine safety levy).

Our direction and priority areas are outlined in the Resources Regulator’s Strategic Approach 2017-2020.

Organisational structure

Our organisation chart illustrates how the NSW Resources Regulator is structured. Further information about the Regulator’s role, responsibilities and functions is available in our Resources Regulator Overview publication.

Legislation administered

The obligations that are governed by the Resources Regulator include:

  • relevant legislation that confers the right to operate, being the Mining Act 1992 or the Petroleum (Onshore) Act 1991[1] and associated regulations
  • work health and safety obligations contained in the following Acts (and associated regulations):
    • Work Health and Safety (Mines and Petroleum Sites) Act 2013
    • Work Health and Safety Act 2011
    • Explosives Act 2003
    • Radiation Control Act 1990

[1] The EPA is the lead regulator for all onshore petroleum exploration and production activities and is responsible for all compliance and enforcement activities under the Petroleum (Onshore) Act 1991, with the exception of work health and safety.

Our Integrity Framework: Building trust and confidence in our integrity

The regulated sector and NSW communities have a legitimate expectation that Resources Regulator employees are fit and proper persons to regulate the mining and petroleum industries and meet necessary standards of personal integrity. The Regulator has introduced a structured Integrity Framework that is underpinned by five integrity programs to mitigate and manage internal integrity risks:

Our Integrity Clearance program is a sector- and function-specific risk-based control that seeks to identify and manage integrity risks across a common set of measures of personal integrity. This program demonstrates our commitment to managing integrity risks and to respond appropriately where risks are identified. All Resources Regulator staff, including our Senior Executive leadership group, are required to hold and maintain an integrity clearance which can only be issued following a robust review of a diverse range of evidence.

The Integrity Clearance program is supported by our Personal Interests program which involves quarterly analysis of all staff interest declarations to identify and remedy gaps in sufficiency and adequacy of declarations and management strategies. It is also mandatory for staff to declare all financial shares (substantial shareholdings are prohibited) held in mining-related companies operating in NSW.

This is supported by our Integrity Capability Program which provides targeted education and continuous development for all staff to identify, prevent and report corrupt or inappropriate conduct.

The Regulator also proactively reports potential corrupt conduct to the Independent Commission Against Corruption (ICAC) through its Statutory Notifications program which involves the reporting of alleged ‘false and misleading information’ offences by mining or exploration titleholders for ICAC’s assessment.

For more information see the Regulator’s Integrity Framework above or you can contact our Regulatory Integrity unit: rr.integrity@planning.nsw.gov.au.