About the Law

What the Law Requires

The Site Senior Executive (SSE) is responsible for the mine and usually requires formal qualifications and examination. However, many farmers and small-scale prospectors may not have the time or resources to complete this pathway.

To support small, lower‑risk mining operations, WorkSafe has developed a simpler alternative called the Small Mine Statutory Position Assessment (SMSPA).

WA mining law works in three layers:

  1. 1 WHS Act 2020
    Sets out who is responsible for safety and what they must do.
  2. 2 WHS Mines Regulations 2022
    Explain the specific steps you must take at your mine.
  3. 3 Codes of Practice
    Provide practical examples of how to do things safely.

The law applies to every mine, large or small. But the SMSPA allows you to meet your obligations in proportion to your level of risk. This means a simple sand pit on a farm doesn't need the same systems or processes as an open‑cut gold mine.

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About the Exemption and Its Conditions

The WorkSafe Commissioner has granted a class exemption

Under regulation 684 of the WHS Mines Regulations, an SSE (Restricted) may be appointed without full qualification requirements

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The exemption runs until 1 April 2031, unless it is changed or cancelled earlier.

To be exempt, you must:

  1. 1 Keep proof that your SSE has completed the SMSPA.
  2. 2 Have a Mine Safety Management System (MSMS) in place. It must suit the size and risk level of your mine (see regulation 621A).
  3. 3 If your SSE leaves the role, replace them with someone who has either completed the SMSPA or meets the full SSE requirements.
  4. 4 Tell WorkSafe WA if your mine no longer qualifies as a small mine. The exemption stops automatically at that point.

 This exemption does not reduce your safety obligations. You are still fully responsible for managing risk at your mine. The simplified pathway just makes the assessment more accessible.



 
 
Your Role as a Site Senior Executive 

When you complete this assessment, you can be appointed as an SSE (Restricted) for your mine

As the person in charge of safety on site, your main responsibilities include:

Check the work area before operations start each day.
Complete a risk assessment before any hazardous or non-routine task.
Make sure workers understand the hazards and controls.
Keep a mine record of inspections, incidents, and monitoring.
Report any serious incident to WorkSafe WA immediately on 1800 678 198.
For new mines, the MSMS must be reviewed within 12 months. After that, it must be reviewed and updated at least every three years, or following an incident or significant change to the operation.
 

Because the mine is lower-risk, no additional statutory positions are expected to be required. Under the regulations, you automatically assume those functions as part of your role as the Site Senior Executive (Restricted)