The Resources Regulator will facilitate a concurrent 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.

Why are the WHS (MPS) laws being reviewed?

It has been five years since New South Wales implemented the outcomes from the National Mine Safety Framework and the law says the Act must be reviewed and the regulation is due for automatic repeal.

The current WHS (MPS) laws implemented a new framework to create a single set of mine safety legislation for all mines – coal, metalliferous, extractives and gemstones - and petroleum sites. The WHS (MPS) laws only apply to mines and petroleum sites and form a part of the Work Health and Safety Act 2011.

What are the terms of reference for the review?

The terms of reference of the review are to:

  1. examine and report on the operation of the WHS (MPS) laws
  2. consider whether:
    1. the WHS (MPS) laws are operating as intended
    2. any areas of the WHS (MPS) laws have had unintended outcomes
    3. the framework of duties to protect workers including safety management systems, principal hazard management plans, control and other plans and specific controls are effective
    4. specific emergency management provisions are effective
    5. consultation and representative provisions are effective
    6. the additional compliance and enforcement measures for a high-hazard industry are effective
    7. licensing, authorisations and statutory functions are effective
    8. the Mining and Petroleum Competence Board is an effective oversight mechanism
    9. the Mine Safety Advisory Council leads to effective advice being provided to the Minister
    10. notifications required to be provided to the regulator are appropriate
    11. the framework has facilitated effective interstate regulatory cooperation.
  3. provide a final report to the Deputy Premier by 1 November 2020.

Who is leading the review?

The Resources Regulator has 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.

How can you get involved?

The review will commence in early 2020 with a public consultation process that will provide opportunities for interested stakeholders and individuals to provide feedback.

There will be opportunities to participate in the review by making submissions and participating in other opportunities provided. You should speak to people in the organisations that represent you about the review.

Information will be provided on this webpage and through Mine Safety News.

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