​The Work Health and Safety (National Uniform Law) Act 2011 commences on 1 January 2012, however the legislation will not apply to mining operations until 1 March 2012.

The deferral of the commencement date until 1 March is due to delays in finalising the national model mining regulations.

In the period between 1 January 2012 and 28 February 2012, the existing Mining regulations under the Workplace Health and Safety Act will be remodelled to fit into Chapter 10 of the Work Health and Safety (National Uniform Law) Regulations 2011. 

On 1 March the Work Health and Safety (National Uniform Law) Act 2011 and Regulations 2011 incorporating remodelled mining regulations, will apply to mining operations.

Transitional provisions will apply to mining operations as per commencement on 1 January 2012.

Chapter 10 of the Work Health and Safety (National Uniform Law) Regulations 2011 incorporating the remodelled mines regulations will remain in place until such time as national model mining regulations and Codes of Practice are finalised, at which time the remodelled mines regulations will be repealed.  It is estimated this will be by 1 January 2013.

Commencement timeframe for mining operations

Incident Notification

Mining Operations who are reporting a reportable incident are to use the new Incident Notification Form. Although the form references the new work health and safety legislation, the workplace health and safety legislation will apply as per the above timeframe.  

Note 

Mining operations means any of the following:

1. exploration for minerals;
2. mining;
3. processing of minerals, tailings, spoil heaps or waste dumps;
4. decommissioning or rehabilitation of land, plant or structures used in carrying out an activity mentioned in points 1 to 3;
5. operations incidental or related to an activity mentioned in points 1 to 4, including:
• the removal, handling, transport and storage of minerals, substances, contaminants and waste, and
• the construction, operation, maintenance and removal of plant and structures.
6. operations for the care and maintenance of land, plant and structures used in carrying out an activity mentioned in points 1 to 5 during a suspension of the activity.