The department may establish certain legislative requirements by publishing them in the NSW Government Gazette.
Typically, gazette notices will provide more specific details about a requirement under an Act or Regulation. They also allow the regulator to respond to changing circumstances without having to amend the legislation.
Clause 130(2) of the Work Health and Safety (Mines & Petroleum Sites) Regulation 2022 allows the regulator to specify by gazette notice that an ancillary report should be provided for certain types of incident as well as specifying what information must be provided in the ancillary report.
A gazette notice will also be published if a class or group of people are exempt from complying with any provision of the WHS legislation.
Gazette notices from 2007 onwards are available below. Pre-2007 gazettals are available on the NSW Government Gazette website.
Work Health and Safety legislation
Mining related made under the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2017.
Audiometric exemption - expiring 31 December 2023
On 1 January 2024, clause 58 of the WHS Regulation 2017 will commence in NSW. To assist with preventing hearing loss in the workplace, this law will require persons conducting a business or undertaking (PBCU) to provide hearing tests (audiometric tests) to workers who frequently use hearing protection to control noise that exceeds the current exposure standard. These tests must occur within 3months of starting employment (baseline test) and a follow-up test at least every 2 years. Further information regarding this clause is available on the SafeWork NSW website.
- Work Health and Safety Regulation 2017, Exemption No. 021/21 - Audiometric testing (PDF, 1.16 MB) - Expiring 31 December 2023
Coal worker audiometric exemption – from 1 January 2024 – 31 December 2029
An audiometric testing exemption for coal mine workers was gazetted on Friday 13 October 2023. The exemption requires coal mine workers to undergo the Coal Services order 43 health surveillance. The exemption commences on 1 January 2024 until 31 December 2029. For more information:
- SafeWork NSW - coal mining industry audiometric exemption
- Gazette - Work Health and Safety Regulation 2017 Exemption No 010/23 – from 1 January 2024 – 31 December 2029
Work Health and Safety (Mines & Petroleum Sites) legislation
Mining-specific gazette notices relating to the Work Health and Safety (Mines and Petroleum Sites) Act 2013 and the Work Health and Safety (Mines and Petroleum Sites) Regulation 2022.
The folllowing gazette notice made under repealed coal mine health and safety legislation still applies under transitional arrangements.