NSW mining and petroleum WHS laws up for review

New South Wales’ (NSW) mining and petroleum work health and safety laws will be back under the microscope next year for their five-yearly review. Starting early 2020, the NSW Government will be checking 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) to confirm they are “meeting their objectives to ensure safe mining workplaces”, according to Director Regulatory Programs at NSW Resources Regulator, Tony Linnane.

“By 1 February 2020, the Work Health and Safety (Mines and Petroleum Sites) laws will have been in place five years, meaning the Act is due for review and the regulation is shortly due for automatic repeal,” Linnane said. “These laws are very important and cover the obligations that mine and petroleum site operators have to manage the risks associated with their mining activities.”

The concurrent review comes five years after NSW implemented the outcomes of the National Mine Safety Framework. The process will be led by independent specialist Kym Bills and include a public consultation for stakeholder feedback, Linnane said. Bills will be guided by a steering committee and assisted by departmental policy, legal and technical advice and support, the regulator added.

Terms of reference for the review include whether the WHS (MPS) laws are operating as intended, inclusive of any areas of the WHS (MPS) laws that have had unintended outcomes; as well as an assessment of the effectiveness of specific emergency management provisions and additional compliance and enforcement measures for a high-hazard industry. The reviewers are expected to deliver the report to NSW Deputy Premier John Barilaro MP by 1 November 2020.

More information, including further terms of reference, is available via the NSW Resources Regulator’s ‘Have your say’ page.

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