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NSW passes WHS harmonisation bill

THE New South Wales Parliament has passed a bill to harmonise work health and safety legislation covering the minerals and petroleum sector.

Passed last week, the Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Bill 2015 extends the Work Health and Safety (Mines) Act 2013 to onshore petroleum sites.

Introducing the bill, Minister for Industry, Resources and Energy, Anthony Roberts said the petroleum sector is subject to the broad requirements of the Work Health and Safety Act 2011, with specific safety regulation relying on a 1992 schedule that is dated and lacking the regulatory oversight of the Work Health and Safety (Mines) Act framework.

“The Work Health and Safety (Mines) Act 2013 provides a robust framework for mines safety. It is based on a modern risk-based and outcomes-focused regulatory system. This modern approach has reduced both red tape and the regulatory burden on the industry,” he said.

“The bill extends this framework to the onshore petroleum industry. In doing so, it raises the standards of work health and safety for onshore petroleum operations to be consistent with the minerals sector.”

The bill covers activities carried out at a site adjoining or in the vicinity of a mining or petroleum site, but only if it is connected those activities it is in close proximity to.

Whereas previously petroleum work health and safety regulation targeted the petroleum titleholder, the bill ensures that now the ‘duties framework will also apply to the petroleum operator, workers, contractors and occupiers of work premises’.

The bill also extends a duty to give notice to the regulator of notifiable incidents.

“The amendments in the Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Bill will harmonise the regulatory approach to safety across all our resources sectors,” Minister Roberts said.

“The bill will further ensure that the safety legislation operates as intended and will contribute greatly to the protection of the health and safety of people working in the industry.”

Four separate bills relating to coal and petroleum exploration and land access arbitration were also passed. The bills are the:

All bills will commence on a date yet to be announced.

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