Download Prosecutions guideline PDF [129 KB].

The Prosecutions guideline explains the basis by which the NSW Department of Industry (the Department) will make a decision to prosecute under the Mining Act 1992 and the Petroleum (Onshore) Act 1991 (within this document, these two pieces of legislation are referred to as the Act or Acts).

Separate prosecution policies and guidelines relevant to health and safety in mines can be found at: www.resourcesandenergy.nsw.gov.au/miners-and-explorers/safety-and-health.

The Acts provide the Department with a wide range of powers and sanctions that may be used to enforce the legislation and regulate a broad range of activities across the mineral resources sector.

Note: The Environment Protection Authority (EPA) is the sole authority to regulate compliance with and enforcement of all petroleum title conditions (excluding work health and safety and environmental rehabilitation). This includes any conditions imposed in relation to specific activity approvals.

The power to prosecute is an important enforcement tool, and in the appropriate circumstances, the Department will prosecute.