Guidance on WHS (MPS) laws
Guidance on the laws
More detailed information on the Legislation guidance page.
Consultation arrangements
The WHS (Mines and Petroleum Sites) laws build on the general requirements in the WHS legislation for consultation with workers as well as the requirement for consultation, cooperation and coordination between persons conducting a business or undertaking. Read the fact sheet about consulting workers (PDF, 114.21 KB) for guidance on requirements for consulting workers in the mining industry across the general and mining WHS laws.
Contractors
The WHS (Mines and Petroleum Sites) laws make particular provision for contractors at mines. Read the guide about contractors and other businesses at mines and petroleum sites (PDF, 169.82 KB) for more information.
Safety and health representatives in coal mines
Please read the fact sheet about safety and health representatives (PDF, 93.9 KB) for more information.
Statutory functions
Schedule 10 of the WHS (Mines and Petroleum Sites) Regulation 2022 identifies 'statutory functions' at mines. Only people meeting specified requirements are eligible to be nominated by the mine operator to exercise a statutory function.
The guide about statutory functions (PDF, 266.36 KB) provides information about statutory functions and includes tables that set out the following for each class of mine:
- the title and description of each function
- whether a practising certificate is required to perform that function
- proposed eligibility for requirements for performing the function (including eligibility to obtain a practising certificate). Note that these matters will be addressed by a gazette order.
The mine record
The fact sheet about the mine or petroleum site record (PDF, 135.91 KB) provides guidance on keeping a mine record.
Tourist mines
For more information on what is considered a tourist mine and what the requirements are for operating a tourist mine under the WHS (Mines and Petroleum Sites) legislation, go to the tourist mines topic page.
Mining exploration
The Work Health and Safety (Mines and Petroleum Sites) Act 2013 and regulation apply to activities carried out for the purposes of exploring for minerals (including coal). See our mining exploration topic page for more information.
Opal and gemstone mining
The WHS (Mines and Petroleum Sites) legislation applies to activities carried out for the purposes of extracting minerals, including opals. The laws don't apply to an activity carried out in relation to fossicking or the extraction of minerals on private land for private and non-commercial use by the owner of the land. See our opal and gemstone mining topic page for more information.
Incidents and injuries
There are two types of incidents that require information to be given to the Regulator - notifiable incidents and other incidents. These may relate to any person – whether an employee, contractor or member of the public and failure to notify is an offence and penalties apply. See the guide about notification of incidents and injuries (PDF, 241.58 KB) for more information.
High risk activities
The high-risk activities scheme under the WHS (Mines and Petroleum Sites) legislation allows the Regulator to review the arrangements for proposed high-risk activities to assess the adequacy of the planning and controls. However, the scheme does not require the Regulator to approve activities and the responsibility for ensuring that activities are conducted safely remains with the mine or petroleum site operator.
A mine or petroleum site operator is prohibited from undertaking high-risk activities unless they have notified the Regulator of the proposed high-risk activity and the waiting period for that activity has expired (unless the regulator has waived or reduced the waiting period). For more information, see the Notifying the regulator of a high risk activity guide (PDF, 306.72 KB).
Managing risk
Persons conducting a business or undertaking (PCBUs), including mine and petroleum sites operators and contractors, have a primary duty to ensure the health and safety of workers they engage, or whose work activities they influence or direct. This includes managing risks. See the guides for more information about managing risks in mining or petroleum operations. (PDF, 193.39 KB)