{"id":"nsw:sl-2025-0392","name":"Mine and Petroleum Site Safety (Cost Recovery) Regulation 2025","slug":"mine-and-petroleum-site-safety-cost-recovery-regulation-2025","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"392 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173768,"registerId":"nsw-sl-2025-0392-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Mine and Petroleum Site Safety (Cost Recovery) Regulation 2025](/view/html/inforce/current/sl-2025-0392).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2025.\n> \n> Note—\n> \n> This regulation replaces the [Mine and Petroleum Site Safety (Cost Recovery) Regulation 2019](/view/html/repealed/current/sl-2019-0342), which is repealed on 1 September 2025 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Mine and Petroleum Site Safety (Cost Recovery) Act 2005](/view/html/inforce/current/act-2005-116).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Mine and Petroleum Site Safety Fund","content":"# Part 2 Mine and Petroleum Site Safety Fund\n\nPart 2 Mine and Petroleum Site Safety Fund","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Additional payments from Fund","content":"#### 4 Additional payments from Fund\n\n4 Additional payments from Fund\n\n> For the Act, section 7(1)(e), money required to meet expenditure incurred by the Department in the following circumstances is authorised to be paid from the Fund—\n> \n> > (a) in carrying out regulatory activities under or in connection with the [Explosives Act 2003](/view/html/inforce/current/act-2003-039),\n> \n> > (b) in the administration or execution of the [Explosives Act 2003](/view/html/inforce/current/act-2003-039),\n> \n> > (c) in exercising functions under or in connection with the [Protection from Harmful Radiation Act 1990](/view/html/inforce/current/act-1990-013).","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Report of payments from Fund","content":"#### 5 Report of payments from Fund\n\n5 Report of payments from Fund\n\n> > (1) For the Act, section 17(1), the Secretary must, within 6 months after the end of each financial year, prepare a report containing an overview of payments made from the Fund during the financial year.\n> \n> > (2) The report must be published on a publicly accessible website maintained by the Department.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Delegation","content":"#### 6 Delegation\n\n6 Delegation\n\n> For the Act, section 14(b), members of staff of the State Insurance Regulatory Authority are authorised as a class of persons.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Savings","content":"#### 7 Savings\n\n7 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Mine and Petroleum Site Safety (Cost Recovery) Regulation 2019](/view/html/repealed/current/sl-2019-0342), had effect under that regulation continues to have effect under this regulation.","sortOrder":9}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Compared with the prior (2019) regulation, this instrument expressly authorises additional payments from the Mine and Petroleum Site Safety Fund to meet Department expenditure related to the Explosives Act 2003 and the Protection from Harmful Radiation Act 1990 (s4), and adds members of SIRA staff as an authorised delegation class (s6). It replaces the 2019 regulation (s2) while preserving existing effects (s7)."},"complexity_factors":["Narrow, focused instrument with few provisions — limited statutory text reduces overall complexity.","Cross‑reference to other Acts and the principal Act for definitions and operation (s3) increases interpretive dependence on external texts.","Authorisation for additional Fund payments for explosives and radiation functions (s4) extends financial scope and creates cross‑program cost allocation implications.","Reporting obligation (s5) adds a transparent administrative compliance duty and a fixed six‑month deadline.","Delegation class to State Insurance Regulatory Authority staff (s6) introduces inter‑agency delegation and some operational discretion about who exercises functions.","Commencement and savings provisions (ss2,7) interact with repeal of the 2019 regulation and preserve continuity — transitional effect to consider.","No new fee schedules, offence provisions or detailed operational rules are included, keeping regulatory mechanics simple."],"plain_english_summary":"This regulation, commencing 1 September 2025, updates cost‑recovery arrangements for mine and petroleum site safety. It authorises the Mine and Petroleum Site Safety Fund to meet Department expenditures for explosives regulation and radiation functions (s4), requires the Secretary to publish an annual Fund payments report (s5), delegates members of SIRA staff as authorised persons (s6), and preserves existing effects of the 2019 regulation (s7). It affects mine and petroleum operators (who fund the scheme), the Department (payer and decision‑maker), and delegated SIRA staff."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This regulation maintains the same scope as its predecessor. It is a straightforward re-enactment with minor updates (adding explosives and radiation safety activities to the Fund's permissible uses). The core purpose—setting cost recovery arrangements for mine and petroleum site safety—remains unchanged since the original 2005 Act."},"complexity_factors":["Extremely short: only 7 sections across 3 Parts","Minimal defined terms: only 'the Act' is defined in the regulation itself","Simple structure: straightforward authorisations and requirements without nested conditions","No cross-references within the regulation itself (only references to external Acts)","No exceptions, exemptions, or conditional logic","Essentially a machinery provision updating an existing scheme"],"plain_english_summary":"This regulation sets up the financial and administrative machinery for recovering costs related to mine and petroleum site safety in Australia. Here's what it does:\n\n**What it does**\n- **Establishes what the safety fund can pay for**: The Mine and Petroleum Site Safety Fund (established under a 2005 Act) can now be used to cover costs for three specific purposes:\n  - Regulatory work under the Explosives Act 2003\n  - Administering the Explosives Act 2003\n  - Functions under the Protection from Harmful Radiation Act 1990\n\n- **Requires annual transparency**: The Secretary must publish a yearly report on the Department's website showing what was paid from the Fund.\n\n- **Authorises delegation**: Staff at the State Insurance Regulatory Authority are given power to act under this regulation.\n\n- **Protects existing arrangements**: Anything valid under the old 2019 regulation stays valid under this new one.\n\n**Who it affects**\n- Mining and petroleum companies (who pay into the Fund through levies)\n- The Department responsible for mine safety\n- The State Insurance Regulatory Authority\n- The general public (through the transparency reporting)\n\n**Why it matters**\nThis is essentially the \"wallet rules\" for mine safety regulation. It determines what activities get funded from industry contributions, expands the Fund's use to cover explosives and radiation safety work, and ensures public accountability through annual reporting. It replaces a 2019 version without disrupting existing arrangements."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, the regulation appears consistent with its stated purpose of cost recovery for mine and petroleum site safety regulation. There is no evidence in the provided material of scope creep or departure from the original regulatory intent. The regulation does exactly what its title suggests — establishes a cost recovery mechanism for safety oversight of mining and petroleum sites in NSW."},"complexity_factors":["The provided legislative text is largely metadata and website navigation — the substantive provisions (fee schedules, calculation methods, exemptions) are not visible, preventing full analysis","Cost recovery regulations typically involve tiered fee structures tied to site type, size, or risk level, which can be moderately complex to navigate","Interaction with the parent legislation (Mine Safety Act and/or Petroleum (Onshore) Act) requires cross-referencing to understand the full regulatory picture","Staged repeal mechanism adds a temporal complexity layer that operators must track for compliance planning","Low inherent complexity in concept — 'industry pays for its own regulation' is a well-understood principle — keeping the score moderate"],"plain_english_summary":"This NSW regulation creates a cost‑recovery scheme requiring mining and petroleum site operators to pay fees that fund government safety inspections and regulatory oversight, shifting those costs from taxpayers to the industry. It affects mine and oil/gas businesses (and potentially their employees/contractors via cost flow‑through). The regulation has been in force since 8 August 2025 and is slated to be automatically repealed on 1 September 2030."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/mine-and-petroleum-site-safety-cost-recovery-regulation-2025","history":"/api/acts/mine-and-petroleum-site-safety-cost-recovery-regulation-2025/history","analysis":"/api/acts/mine-and-petroleum-site-safety-cost-recovery-regulation-2025/analysis","conflicts":"/api/acts/mine-and-petroleum-site-safety-cost-recovery-regulation-2025/conflicts","importantCases":"/api/acts/mine-and-petroleum-site-safety-cost-recovery-regulation-2025/important-cases","documents":"/api/acts/mine-and-petroleum-site-safety-cost-recovery-regulation-2025/documents"}}