AGY-7370 | NSW Resources Regulator

Full description

The NSW Resources Regulator was established on 1 July 2016 within the Department of Industry. The Resources Regulator was a stand-alone regulator, responsible for compliance and enforcement functions across the mining, extractive and petroleum industry, and for driving continuous improvement across all the regulatory functions of the Department of Industry with clear separation from industry development activities. (1)

The obligations that were governed by the Resources Regulator included: The Mining Act 1992; Petroleum (Onshore) Act 1991 including any associated regulations; Work Health and Safety (Mines and Petroleum Sites) Act 2013; Work Health and Safety Act 2011; Explosives Act 2003 and Radiation Control Act 1990. (2)

The role of Resources Regulator included:
- Receiving and considering complaints, alleged breaches of the Mining Act and safety incident notifications;
- Providing information and guidance about safety and other regulatory obligations to protect and support industry, workers, the community and the state;
- Conducting probity and compliance checks on applicants for grant/renewal/transfer title applications;
- Conducting inspections and investigations;
- Assessing licensing, registration applications and grants applications for occupational licences (practising certificates and certificates of competence);
- Regulation of exploration activities including the issuing of Activity Approvals and ensuring compliance with title conditions and Codes of Practice;
-Taking enforcement action such as issuing prohibition and other statutory notices and taking prosecution action;
- Providing advice to the appropriate development consent authority regarding the appropriateness of rehabilitation strategies included in development applications, including advice on conditioning;
- Supporting and administering the NSW Mine Safety Advisory Council and NSW Mining and Petroleum Competence Board; and
- Administering the mine and petroleum site safety fund (mine safety levy). (3)

The Resources Regulator worked directly with the NSW Mine Safety Advisory Council and the Mining and Petroleum Competence Board. (4)

On 2 April 2020 the NSW Resources Regulator was transferred to the Department of Regional NSW. (5)

By 15 September 2023 the NSW Resources Regulator was a division of the Mining, Resources and Geoscience group of the Department of Regional NSW. The Executive Director, who reported to the Chief Executive Officer of the group, was responsible for managing and controlling the affairs of the Regulator and providing strategic direction and oversight. Three roles reported to the Executive Director. The Director Compliance led the Mining Act Inspectorate which undertook risk-based compliance and enforcement activities in relation to obligations under the Mining Act. This included assessment and compliance activities and investigations in relation to mine rehabilitation activities and security deposits. The Chief Inspector Major Safety Investigations led the Major Investigations Branch which undertook investigations into complex, serious and high-risk safety matters, including workplace fatalities and serious injuries. The branch also coordinated escalated enforcement actions, such as prosecutions and enforceable undertakings. The Chief Inspector Mine Safety Inspectorate lead the mine safety compliance and enforcement activities of the Regulator and provided expert technical advice to the Executive Director in relation to mine safety. The Principal Manager Opal Mining was responsible for the day-to-day management of opal mining compliance programs that required inspection arrangements, targeted compliance operations, and complaint investigations specific to this unit. (6)

Endnotes
1. Resources Regulator, Mine Safety Annual Report 2015-16, p.1; NSW Resources Regulator factsheet, https://www.austminevent.com.au/files/resources-regulator-v14.PDF (accessed 7 November 2022).
2. NSW Resources Regulator website, About Us, https://www.resourcesregulator.nsw.gov.au/our-role/about-us (accessed 7 November 2022).
3. Ibid.
4. Department of Mineral Resources, Annual Report 2002-2003, p.25.; NSW Mine Safety Advisory Council, Annual Report 2020-2021, p. 3.
5. Administrative Arrangements (Administrative Changes, Regional NSW and Independent Planning Commission) Order 2020; cl. 8; notified on NSW Legislation website, 2 April 2020.
6. NSW Resources Regulator website, About Us, https://www.resourcesregulator.nsw.gov.au/our-role/about-us (accessed 26 April 2024), including Organisation chart at 15 September 2023.