Instruments of declaration

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An instrument of declaration allows jurisdictions normally falling under mine safety legislation to be transferred temporarily to the jurisdiction of the Occupational Safety and Health Act 1984.

Resources Safety is the division of the Department of Mines and Petroleum that is charged with safety and health in the mining industry. 

Please visit the Resources Safety website for occupational safety and health information regarding mining.

Current instruments of declaration

Under section 4(3) of the Occupational Safety and Health Act 1984 (the OSH Act), the minister administering the OSH Act and the minister administering the Mining Act 1978 may declare, in an 'instrument of declaration,' that the OSH Act or provisions of it apply to, or in relation to, a workplace normally falling under the jurisdiction of the MSI Act or the Mining Act.

The following instruments have been declared and are valid until cancelled. Government Gazettes are available on the State Law Publisher's website.

2005

  • No. 1 of 2005 - 'Pilbara Iron Pty Ltd railway', published in Western Australian Government Gazette, no 119, 28 June 2005.

2008

  • No. 2 of 2008 - 'Pilbara Infrastructure' published in the Western Australian Government Gazette, no. 149, 26 August 2008.  

2009

  • No. 3 of 2009  - Boodarie Power Station, replacing Instrument of Declaration No. 1 of 2007, published in the Western Australian Government Gazette No. 156, 1. September 2009.

2010

  • No 5 of 2010 - BHP Billiton Iron Ore Pty Ltd Pilbara Railway - published in Western Australian Government Gazette No 210, 9 November 2010.

2012

  • Instrument of Declaration No. 2 of 2012 -  Karara Mining Limited’s Tilley to Karara Railway, published in the Western Australian Gazette No. 60, pgs 1681-16823 April 2012.

2014

  • No. 1 of 2014 – Newman Power Station, published in the Government Gazette, No. 17, 4 February 2014 (Special Gazette).

2015

  • No. 1 of 2015 - Roy Hill Railway, published in the Government Gazette, No. 89, 23 June 2015.

​2018

  • No. 1 of 2018 - Hybrid Remote Energy Power Project at the Agnew Gold Mine, published in the Government Gazette, No. 152, 05 October 2018.

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