Changes to mining WHS laws take effect

Changes to legislation regulating WHS in the mining and petroleum industries in NSW will take effect from 1 February 2016.

While the amendments predominantly impact the petroleum industry, some changes also apply to the minerals sector. The new laws will replace the 1992 Schedule of Onshore Petroleum Exploration and Production Safety Requirements (the schedule) under the Petroleum (Onshore) Act 1991.

The Work Health and Safety (Mines and Petroleum Sites) Act 2013 and Work Health and Safety (Mines and Petroleum Sites) Regulation 2016 will now apply to petroleum exploration and extraction.

The new laws will provide for a consistent single work health and safety (WHS) regulatory framework that applies to onshore petroleum sites; specific risks associated with petroleum activities to be addressed through a modern WHS framework consistent with the minerals sector; and a proactive regulatory oversight of the petroleum industry’s management of the risks associated with a petroleum operation.

Mine or petroleum operators are being advised they should be aware that under the 2013 Act and 2016 Regulation it will:

• allow the regulator to specify where documents are to be served for the purposes of the Act;
• require operators to provide the regulator with a report following decommissioning of a well;
• exempt certain hoists used at small gemstone mines from the requirement to be design registered;
• require shotfiring apparatus used at underground coal mines to be overhauled or repaired only by persons holding specified accreditation;
• make further provision with respect to notifiable incidents;
• clarify the circumstances when notification of certain high potential incidents to the regulator is required, including the detection of methane in an underground coalmine;
• clarify the use of explosives in underground coalmines, including restrictions around storage;
• clarify the requirements to perform the statutory function of mechanical tradesperson.

Most updates are already in place for mining, but a range of forms and guidelines to support the Regulation are now available.

Transitional arrangements are in place for the commencement of many of the provisions that apply to the petroleum sector.

To access new legislation, forms and guidelines, go to: www.resourcesandenergy.nsw.gov.au/miners-and-explorers/safety-and-health.