The Resources Regulator has facilitated a statutory review of the Work Health and Safety (Mines and Petroleum Sites) Act 2013 and Work Health and Safety (Mines and Petroleum Sites) Regulation 2014 (WHS (MPS) laws) during 2020. The Act and regulation can be found on the NSW legislation website.

Who led the review?

The Resources Regulator engaged an independent person, Kym Bills, to lead the review.

Mr Bills has significant experience in high-hazard industries such as offshore petroleum and transport safety where he participated in reviews of safety legislation in those industries. He was the project manager for National Mine Safety Framework providing advice to the Steering Group on implementation. Mr Bills is a Fellow member of the Australian Institute of Company Directors and Chair of the Board of Fellows for the Australian Institute of Health and Safety and was foundation Executive Director of the Australian Transport Safety Bureau for 10 years.

Discussion paper

Discussion Paper: Statutory review of WHS (MPS) laws

The public consultation period for the Review of the Work Health and Safety (Mines and Petroleum Sites) Laws ran from 1 March 2020 until 1 May 2020.

Download the public discussion paper [PDF, 602.45 KB]

The lead reviewer, with the Resources regulator, conducted nine public forums with six face-to-face sessions across the state and three online forums because of COVID-19 restrictions.

Click here to view:

The public consultation period closed on 1 May 2020.

The lead reviewer examined all submissions and considered the issues raised in them, the outcomes of the online survey and input from the public forums. The lead reviewer then prepared a report for the Deputy Premier that was tabled in Parliament on 10 November 2020.

Download a copy of the full report here

Download a copy of the recommendations here

What will happen next?

The report made 40 recommendations for the WHS (MPS) laws. Of the 40 recommendations made, the Resources Regulator will commence implementation of 25 recommendations (1-5, 11-14, 16, 18, 19, 21, 22, 28, 31-40), which include reviewing legislation and, in collaboration with other jurisdictions, reviewing existing guidance material and developing new guidance material.

Further consultation with industry stakeholders by the Resources Regulator is necessary for the other 15 recommendations (6, 7, 8, 9, 10, 15, 17, 20, 23, 24, 25, 26, 27, 29 and 30) as they are complex, and may require legislative reform.

In early 2021 we will undertake further consultation with industry stakeholders in relation to 15 recommendations. Subject to the outcomes of the consultation, we will progress amendments of the WHS (MPS) laws.

Submissions made to the review

Information will be provided on this webpage and through Mine Safety News. To be kept up to date subscribe to Mine Safety News now.

If you have any questions about the statutory review, please contact the Manager Regulatory Policy via email or call 1300 814 609.

[1] The WHS (MPS) Laws include the WHS (MPS) Act 2013 and the WHS (MPS) Regulation 2014.