---
title: "Clause: autonomous and AI-enabled equipment in mining services contracts"
url: "https://ailawframework.com/precedents/energy-resources-and-mining/autonomous-operations-ai-clause"
type: "precedent"
site: "AI Law Framework"
id: "a13-autonomous-operations-ai-clause"
area_id: "A13"
kind: "clause"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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.

Canonical page: https://ailawframework.com/precedents/energy-resources-and-mining/autonomous-operations-ai-clause  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Clause. Wording to drop into a longer document.
- Practice area: [Energy, Resources & Mining](https://ailawframework.com/precedents/energy-resources-and-mining.md)
- Jurisdictions: Australia, New South Wales, Queensland
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 7 authorities it cites, for Australia, New South Wales and Queensland.

## 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.

## Authorities

- [Work Health and Safety Act 2011 (NSW) ss 19, 21 (primary duty; plant at workplaces)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2011-010#sec.19)
- [Work Health and Safety Act 2011 (NSW) ss 22-26 (duties of designers, manufacturers, importers, suppliers and installers of plant)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2011-010#sec.22)
- [Work Health and Safety Act 2011 (NSW) s 46 (duty to consult with other duty holders)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2011-010#sec.46)
- [Work Health and Safety Act 2011 (NSW) ss 272, 272A (no contracting out; prohibited insurance and indemnity arrangements)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2011-010#sec.272)
- [Work Health and Safety (Mines and Petroleum Sites) Act 2013 (NSW)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2013-054)
- [Mining and Quarrying Safety and Health Act 1999 (Qld)](https://www.legislation.qld.gov.au/view/html/inforce/current/act-1999-040)
- [Coal Mining Safety and Health Act 1999 (Qld)](https://www.legislation.qld.gov.au/view/html/inforce/current/act-1999-039)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/energy-resources-and-mining/autonomous-operations-ai-clause and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*