The NSW Resources Regulator (the Regulator), within Mining, Exploration and Geoscience, was established on 1 July 2016 to regulate the state’s work health and safety at mines and petroleum sites and compliance and enforcement activities under the Mining Act 1992.
The Secretary of the Department of Regional NSW is the ‘regulator’ (known as the NSW Resources Regulator) under the Work Health and Safety (Mines and Petroleum Sites) Act 2013. Powers and functions of the regulator under this Act are delegated to officers in the Resources Regulator. The Minister for Natural Resources and the Secretary of DRNSW have decision-making functions under the Mining Act 1992 and these can be delegated to officers in Mining Exploration and Geoscience (including the Resources Regulator).
The Regulator specialises in regulating high risk open-cut and underground mines, petroleum sites, quarries and extractive operations, tourist mines, opal and other small-scale mines and mining exploration activities.
What we do
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)
- regulating exploration activities including issuing 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 NSW Resources Regulator Strategic Plan 2021 - 2024 (PDF, 1.8 MB).
Our organisation chart (PDF, 96.29 KB) shows how the NSW Resources Regulator is structured.
The NSW Resources Regulator within the Department of Regional NSW exercises a range of functions including:
- the right to operate under the Mining Act 1992 and the Petroleum (Onshore) Act 1991 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
- Mining Act 1992
- Explosives Act 2003
- Radiation Control Act 1990
The Minister for Natural Resources and the Secretary of DRNSW have decision-making functions under the Mining Act 1992 and these can be delegated to officers in Mining Exploration and Geoscience, including the NSW Resources Regulator.
 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.