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NSW Resources Regulator

Work Health and Safety (Mines and Petroleum Sites) laws proposed amendments

What is this about?

In 2020 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) was undertaken and the report (PDF, 3.66 MB) finalised in October 2020. The report made 40 recommendations about the WHS (MPS) laws. It was agreed that further consultation with industry stakeholders is necessary for a number of 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.

We also identified a number of other matters to consult on regarding amendments to the WHS (MPS) Laws.

We developed a discussion paper (PDF, 657.18 KB) to help interested parties consider and respond to the proposed amendments.

Public consultation

Public consultation took place from 19 April 2021 to 17 May 2021. The submissions received can be viewed below.

Submissions made to the review

  1. Australian Workers Union (PDF, 283.68 KB)
  2. Centennial Clarence (PDF, 303.15 KB)
  3. Centennial Coal (PDF, 325.14 KB)
  4. Centennial Myuna (PDF, 404.79 KB)
  5. Centennial Newstan (PDF, 957.2 KB)
  6. CFMMEU (PDF, 83.7 KB)
  7. Coal Services Mines Rescue (PDF, 281.12 KB)
  8. Green Consulting Group (PDF, 451.52 KB)
  9. Lightning Ridge Miners Association (PDF, 154.98 KB)
  10. Mining Electrical Mining Mechanical Engineers (PDF, 177.57 KB)
  11. Mine Managers Association of Australia (PDF, 155.51 KB)
  12. NSW Minerals Council (PDF, 246.67 KB)
  13. Association of Mining and Exploration Companies (PDF, 241.42 KB)
  14. Cement Concrete and Aggregates Australia (PDF, 194.65 KB)
  15. Association of Professional Engineers, Scientists and Managers Australia (PDF, 242.12 KB)

What will happen next?

We will examine submissions, consider the issues raised and make recommendations on any amendments to the WHS (MPS) Laws required.

For further information, please contact us on 1300 814 609 or email meg.policy@regional.nsw.gov.au

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

Background

Statutory review

The Resources Regulator 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.

Statutory review discussion paper

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.

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.

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.

Response to the report

The report made 40 recommendations for the WHS (MPS) laws. Of the 40 recommendations made, the 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, review existing guidance material and develop new guidance material.

Further consultation with industry stakeholders by the 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 it was agreed to undertake further consultation with industry stakeholders in relation to the 15 recommendations. Subject to the outcomes of the consultation, we will progress amendments of the WHS (MPS) laws.

Submissions made to the review

Summary of online survey outcomes - Statutory review of WHS (MPS) laws (PDF, 946.68 KB)

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