Detailed table of changes Note: For the purposes of this document, petroleum headings include geothermal energy operations and greenhouse gas storage operations. References to the PAGERA, PPA and PSLA is reference to the safety provisions only, all other provisions will remain in the existing legislation. Table 2: Detailed table of changes No. Topic/Key Principle Current Legislation Proposed Legislation - WHS (Resources) Act Comments/Explanation Applicable legislation Mining: Mines Safety and Inspection Act 1994 (MSIA) Petroleum: Petroleum (Submerged Lands) Act 1982 (PSLA) Petroleum and Geothermal Energy Resources Act 1967 (PAGERA) Petroleum Pipelines Act 1969 (PPA) MHF: Dangerous Goods Safety Act 2004 (DGSA) Occupational Safety and Health Act 1984 (OSH Act), regulated by WorkSafe WA WHS (Resources) Act Legislation is based on the national model Work Health and Safety Act. Mining: Incorporates additional provisions from National Mine Safety Framework (NMSF) and corresponding definitions. Petroleum: The three petroleum Acts will be retained, but safety provisions from these Acts are being consolidated under the WHS (Resources) Act. Offshore petroleum facilities in Commonwealth waters will continue to be regulated by NOPSEMA under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) (OPGGSA). MHF: MHF process safety and OSH provisions are being consolidated under the WHS (Resources) Act. Regulation of OSH will transfer from WorkSafe to Resources Safety at DMP.
Safety case and Safety management system (SMS) Mining: The Project Management Plan (PMP) requires management of identified risks at the time of commencement of mining operations. There is no requirement to update this document as the mining operations expand or change. The PMP is not an enforceable document. Petroleum: PSLA: Petroleum facility requires a safety case. Offshore pipeline requires a pipeline management plan. Diving operations require a diving SMS. PAGERA: Petroleum and geothermal energy operations require an SMS. PPA: Pipeline operations require a safety case. MHF: Requires safety report covering process safety. This excludes worker OSH, which is currently covered by WorkSafe WA. Mining: Mining operations will be required to prepare a Safety Management System (SMS). This is an enforceable and living document. The SMS must be prepared and reviewed in consultation with workers relevant to the mining stage being undertaken, e.g. construction (i.e. workers covered by the WHS (Resources) Act). Petroleum & MHF: All MHFs and petroleum operations (including pipelines, geothermal energy and greenhouse gas storage operations) will require a safety case. Diving operations will require a diving SMS. Details of safety case and SMS will be in the regulations. Note: Mining will use Safety Management Systems – not a safety case. Mining: For proposed new mining operations:, Initially, an outline of the SMS will be required, instead of a PMP. The full SMS will be required by the time mining operations commence For existing mining operations: A full SMS will be required. Petroleum: The Pipeline Management Plan under PSLA and the SMS under PAGERA will be replaced by a safety case in the WHS (Resources) Act. Diving: Registration of the Diving SMS will be retained, as per current legislation. MHF: Safety report will be renamed as a safety case and this will now include coverage of both process safety and worker OSH.
Limitation period for prosecutions Mining: Proceedings for an offence against the Act must be commenced within three years after the offence was committed. Petroleum: Proceedings for an offence may be brought at any time. MHF: Relies on Criminal Procedure Act 2004 and proceedings can be brought within one year. The new legislation requires proceedings to begin within two years after the offence first comes to the notice of the Regulator. Aligned with the model WHS Act. Officer’s liability Mining: Under s.100A of MSIA, officers of corporations are liable in cases of gross negligence. Petroleum: Directors, employees or agents of the body corporate are liable under the following provisions: PAGERA & PPA: Schedule 1, Clause 78. PSLA: Schedule 5, clause 79. MHF: Under s.6 of DGSA, officers of corporations are liable. The new WHS (Resources) Act places duty on officers of a corporation to exercise due diligence to ensure that the PCBU complies with any duty or obligation under the WHS (Resources) Act. Aligned with the model WHS Act and the definition of an officer under the Corporations Law. Advisory Committees Mining: MIAC is a statutory committee currently under s.14A of the Occupational Safety and Health Act 1984. Petroleum and MHFs: No statutory committees. Proposed advisory committees are as follows: Mining: MIAC will be retained, however provision to establish this committee will be moved to the WHS (Resources) Act. Petroleum & MHFs: A new committee to be formed to represent petroleum and MHFs. These committees will consist of industry, union and government representatives and provide advice to the Minister. The introduction of a committee for petroleum and MHFs will facilitate discussions on safety issues, reforms or changes going forward and provide a line of advice for these industries to the Minister (akin to the existing situation for mining).
Evidentiary provisions Covered under current legislation as follows: Mining: MSIA s.98 Petroleum: PAGERA: s126A PPA: s.66BB PSLA: s.137A MHF: DGSA: s.58. Evidentiary provisions are included to save time in Court, consistent with current legislation. No change in requirement, as provisions in the proposed WHS (Resources) Bill reflect current legislation and provisions which already exist. It is noted that retaining this provision differs from the model WHS Act, which does not include this provision. Sharing and publication of information by regulator No provision for this in current legislation. Added to enable the regulator to publish information for shared learnings and education purposes. This will include publication of: approved Radiation Management Plans; learnings from significant incidents and accidents. This aligns with the model WHS Act. It is proposed that Radiation Management Plans approved for planned uranium mining operations will be published prior to construction of these mines. The full plan will be published for those plans approved after the new WHS (Resources) Act is implemented. The publication of learnings from significant incidents and accidents is merely formalising a current process. These publications are to remove personal or company details. Board of Inquiry No provision for this in current legislation. However, the Minister already has the power to institute inquiries and has done so in the past. Enables the Minister to establish a Board of Inquiry to inquire into serious incidents and dangerous occurrences; any practice or safety matter which may adversely affect the health and safety of persons; or any emerging or systemic issues affecting health and safety of persons. This provision aligns with the NMSF and the model WHS Act. It formalises current Ministerial powers to establish an inquiry, such as inquiries into major incidents.