Clause · Energy, Resources & Mining

Clause: autonomous and AI-enabled equipment in mining services contracts

Contract clause allocating safety-case, validation, human supervision, change control, incident, data and liability responsibilities for autonomous haulage, drilling and other AI-enabled plant on a mine site.

Kind
Clause. Wording to drop into a longer document.
Where it applies
Australia, New South Wales, Queensland
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use in a mining services, equipment supply or technology contract where the contractor supplies or operates autonomous or AI-enabled plant. Do not use to shift work health and safety duties; they cannot be contracted out.

How AI may be used

AI may prepare variants of the clause for different plant and contract models, but a lawyer must review every version because safety duties cannot be contracted out and the regimes differ by state and mine type.

AI may

  • Draft variants of the clause for supply-only, supply-and-operate and technology licence models.
  • Compare a counterparty's autonomy terms with this clause and list gaps.
  • Build an obligations table from the final clause for the site's contract manager.

AI must not

  • Must not decide which party holds a statutory duty or who must notify the regulator.
  • Must not remove or soften clause 1.2 (no transfer of WHS duties).
  • Must not draft an indemnity or insurance term covering WHS fines or penalties.

The lawyer checks

  • The clause is consistent with the site's safety and health management system and principal hazard management plans.
  • Regulator notification responsibilities match the applicable mine safety law.
  • Nothing indemnifies or insures a party against WHS penalties (s 272A).
  • Data and model-training terms match the client's IP and confidentiality position.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

More in Energy, Resources & Mining

All precedents for Energy, Resources & Mining · Tasks and AI use in this area