Mineral and Energy Resources and Other Legislation Amendment Bill 2020

Introduced: 4/2/2020By: Hon A Lynham MPStatus: PASSED with amendment
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Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill makes wide-ranging changes across Queensland's mining, energy and water sectors. It introduces industrial manslaughter offences for the resources industry, strengthens financial assurance requirements to prevent mining companies from abandoning sites without proper rehabilitation, streamlines resource authority approval processes, extends energy consumer protections, and increases transparency of water infrastructure charges in South East Queensland.

Who it affects

Mining and resources workers gain stronger safety protections through new industrial manslaughter laws. Mining companies face tougher scrutiny on ownership changes and site rehabilitation. Energy consumers on standard retail contracts keep their protection from extra fees, and South East Queensland residents gain more transparency on water infrastructure charges.

Mining worker safety and industrial manslaughter

New industrial manslaughter offences are introduced across the coal mining, quarrying, explosives and petroleum sectors. These close a gap where the resources industry lacked equivalent offences to those already in the Work Health and Safety Act 2011. Safety-critical positions at coal mines must now be held by direct employees, not contractors.

  • Industrial manslaughter offence introduced with maximum penalty of 20 years imprisonment for individuals or 100,000 penalty units for corporations
  • Applies to employers and senior officers whose negligent conduct causes a worker's death
  • No time limit on prosecutions for industrial manslaughter (as with other manslaughter offences)
  • Coal mine safety statutory office holders must be employees of the mine operator, with a 12-month transition period and 500 penalty unit fines for non-compliance

Mine rehabilitation and financial assurance

New controls are introduced to reduce the risk of mining companies abandoning sites without rehabilitating them. The Minister can now scrutinise indirect ownership changes, require development plans from large mineral miners, and screen out unsuitable applicants using new disqualification criteria.

  • Minister can impose conditions on resource authorities after indirect changes of corporate control
  • Large mineral mining lease holders must submit development plans covering their planned activities
  • New disqualification criteria allow the Minister to refuse resource authority applicants with histories of non-compliance, fraud convictions, or insolvency
  • Expanded powers to remediate abandoned mines and enter affected land beyond original tenure boundaries
  • New competitive tender process for mining leases over abandoned mine sites with residual mineral resources

Energy consumer protection

The Energy and Water Ombudsman's jurisdiction is expanded to cover new types of energy sellers, and the ban on certain fees for customers on standard retail energy contracts is made permanent.

  • Energy and Water Ombudsman's jurisdiction extended via regulation to cover new categories of energy sellers
  • Ban on late payment fees and paper bill fees for standard retail contract customers made permanent
  • New regulation-making power for Ombudsman scheme participant fees

Water infrastructure transparency

South East Queensland water distributor-retailers Urban Utilities and Unitywater must publish detailed infrastructure charges information online, report annually on charges revenue and expenditure, and report quarterly on trunk infrastructure delivery.

  • Infrastructure charges registers must be published online and electronically searchable
  • Annual reports required on charges levied, collected, and spent on trunk infrastructure
  • Quarterly reports required on trunk water and sewerage infrastructure delivery
  • Non-State schools under Ministerial designation excluded from infrastructure charges

Regulatory streamlining for resources

Various administrative improvements simplify resource authority processes, including a new framework for resolving disputes between overlapping tenure holders, streamlined transfer processes, and consolidation of conference provisions.

  • New dispute resolution and co-existence plan framework for overlapping resource tenures
  • Low-risk resource authority transfers reclassified as 'notifiable dealings' not requiring Ministerial approval
  • Conference provisions consolidated into a single framework under the Common Provisions Act
  • Electronic document service now permitted for resource tenure communications

Water management and Border Rivers

Clarifies that dam safety actions under an approved Flood Mitigation Manual are separate from resource operations licence obligations, and appoints a Queensland controlling authority for the Border Rivers Commission.

  • Dam safety flood mitigation releases clarified as separate from water allocation obligations
  • Queensland controlling authority appointed for the Border Rivers Commission
  • Minor corrections to water supply emergency legislative references

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced4 Feb 2020View Hansard
First Reading4 Feb 2020View Hansard
Committee4 Feb 2020View Hansard

Referred to State Development, Natural Resources and Agricultural Industry Development Committee

Committee Findings
Recommended passage

The State Development, Natural Resources and Agricultural Industry Development Committee examined the bill over seven weeks, receiving 80 submissions and holding public hearings in Brisbane and Moranbah, including a site visit to Broadmeadow Mine. The committee recommended the bill be passed, while making eight further recommendations addressing concerns about the industrial manslaughter provisions, the transition period for statutory office holder employment requirements, reprisal protections, and the need for operational guidelines on financial assurance reforms. The three non-government members filed a statement of reservation expressing significant concerns about the industrial manslaughter provisions and the lack of consultation on the statutory office holder amendments.

Key findings (5)
  • Unions strongly supported the industrial manslaughter provisions to align the resources sector with other Queensland industries, while the Queensland Law Society, mining companies and site senior executives raised concerns about the scope and potential adverse consequences of the new offence.
  • The Brady Review into 47 mining fatalities found a recurring 'fatality cycle' driven by inadequate training, absent supervision and failed controls, but did not recommend industrial manslaughter laws or changes to statutory office holder employment arrangements.
  • Industry stakeholders were concerned the requirement for statutory office holders to be direct employees of the coal mine operator was introduced without consultation and could lead experienced personnel to leave the industry, with the Mine Managers' Association reporting 50 per cent of surveyed site senior executives were considering leaving their roles.
  • The committee found a need to extend the transition period for statutory office holder employment requirements from twelve to eighteen months, given the complexity of corporate and contractor arrangements in the mining sector.
  • Significant concerns were raised about the exclusion of section 23 of the Criminal Code (accident and involuntariness defences) from the industrial manslaughter offence, with the Queensland Law Society arguing this effectively created a strict liability offence with an extremely high maximum penalty.
Recommendations (9)
  • The committee recommends the Mineral and Energy Resources and Other Legislation Amendment Bill 2020 be passed.
  • The committee recommends that in his second reading speech the Minister for Natural Resources, Mines and Energy clarify the standard of negligence that will apply in relation to the offence of industrial manslaughter.
  • The committee recommends that in his second reading speech the Minister for Natural Resources, Mines and Energy clarify that the Bill does not place a reverse onus of proof on a site senior executive in relation to the offence of industrial manslaughter.
  • The committee recommends that clause 10 be amended to allow a transition period of eighteen months for the amendments relating to statutory office holders.
  • The committee recommends that the Minister give consideration to amending section 275AA of the Coal Mining Safety and Health Act 1999 and section 254A of the Mining and Quarrying Safety and Health Act 1999 to align the penalty for reprisal action with the reprisal provisions in the Work Health and Safety Act 2011.
  • The committee recommends that guidelines for the operation of processes to assess an entity's financial and technical ability to comply with conditions of a resource authority when there is a change of control be published by the department on commencement of these provisions.
  • The committee recommends that operational guidelines for the application of disqualification criteria in the assessment of tenure applications for a resource authority be published by the department on commencement of these provisions.
  • The committee recommends that operational guidelines for the amendments to allow petroleum lease areas to count towards relinquishment requirements be published by the department on commencement of these provisions.
  • The committee recommends that clause 212 be amended so that proposed new section 99BU(6) will require that information about infrastructure charges forecast to be 'collected' be included in the distributor-retailer's infrastructure charges register.
Dissenting views: The three non-government members (Pat Weir, Brent Mickelberg and David Batt from the LNP) filed a statement of reservation expressing serious concerns. They argued that neither the industry safety resets nor the Brady Review recommended industrial manslaughter charges or the statutory office holder employment requirement. They noted the Queensland Law Society opposed the industrial manslaughter provisions given existing criminal offences already captured the relevant conduct. On statutory office holders, they highlighted that only 22 out of 52,000 workers at industry safety resets raised employment status as a barrier to reporting safety issues, which they considered insufficient justification for the amendment. They further noted evidence that contract statutory officers were actually more likely to report safety concerns than permanent employees, and concluded the bill was 'more about being seen to do something rather than working and consulting with the entire industry to address the underlying problems and failures'.
AI-generated summary — may contain errors
Committee Report27 Mar 2020

Committee report tabled

Second Reading19 May 2020View Hansard
21 members spoke13 support1 oppose7 mixed
11.31 amMr CRISAFULLISupports

Confirmed the opposition would support the bill. Raised concerns about the process for deeming suitable operators for abandoned mines but supported the intent to improve mine rehabilitation and worker safety.

The opposition will be supporting the bill.2020-05-20View Hansard
12.03 pmHon. AJ LYNHAMSupports

As Minister for Natural Resources, Mines and Energy, introduced the bill and outlined its three key reform areas: introducing industrial manslaughter offences into resources safety legislation, strengthening mine rehabilitation and financial assurance frameworks, and improving regulatory efficiency. Accepted all nine committee recommendations.

This bill makes industrial manslaughter an offence in mines just as it is already in other Queensland workplaces. No matter where they work, Queenslanders deserve to return home safely and be equally protected by our state's laws.2020-05-19View Hansard
11.38 amMr KELLYSupports

Strongly supported the bill, particularly the industrial manslaughter provisions, the requirement for statutory office holders to be permanent employees, and the mine rehabilitation provisions. Drew parallels with healthcare worker safety during COVID-19.

I believe that these provisions are critical, they are necessary and they will save lives.2020-05-20View Hansard
12.52 pmMr LASTMixed

As shadow minister for natural resources and mines, announced the LNP would not oppose the bill but raised serious concerns. Criticised the minister for declining inspections, failure to implement Black lung white lies recommendations, and the lack of consultation on the statutory office holder requirement. Questioned the justification for requiring SSEs to be direct employees based on only 22 out of 52,000 workers raising it at safety resets.

Do my constituents and every other person who works in mines and quarries deserve safer workplaces? Of course they do. I know that and the LNP knows that. Should people who contribute to the death of a worker in any way be held to account? Of course they should be.2020-05-19View Hansard
11.46 amHon. SM FENTIMANSupports

Voiced strong support for the bill, emphasising the importance of extending industrial manslaughter provisions to the mining sector. Reflected on visiting miners' memorials at Moranbah and Moura and her previous work as an employment lawyer representing miners.

Mining workers deserve the same protections that other workers in all Queensland workplaces have already under the Palaszczuk government, no thanks to those opposite.2020-05-20View Hansard
3.55 pmMr WHITINGSupports

As committee chair, strongly supported the bill. Described the powerful impact of informal testimony from mine workers at Moranbah who were afraid to raise safety concerns due to fear of reprisals, including workers who quietly sought out committee members at airports. Emphasised the importance of countering reprisals for calling out safety issues.

What had a great impact on me was the men and women who talked quietly to us afterwards and even sought me out in the airports on the way home—and I do mean quietly because they did not want to be overheard.2020-05-19View Hansard
11.51 amMr WATTSMixed

Acknowledged the importance of mine safety but raised significant concerns about the broad and unclear definition of 'senior management' in the industrial manslaughter provisions and the practical difficulties of requiring statutory office holders to be direct employees rather than contractors.

The objective here is safety at the mine site. To exclude a class of person who already is in short supply... will mean that a great deal of experience in safety and other areas will be lost.2020-05-20View Hansard
4.04 pmMr BATTMixed

As a committee member, stated the LNP was not opposing the bill but raised concerns about the industrial manslaughter provisions capturing operational workers beyond senior corporate officers, and the lack of consultation on requiring statutory office holders to be direct employees when only 22 of 52,000 workers raised it at safety resets.

Worker safety is paramount and the LNP treats this issue very seriously. We support any constructive and workable measures to improve workplace safety. Unfortunately, this bill is more about being seen to do something than working and consulting with the entire industry.2020-05-19View Hansard
12.01 pmHon. G GRACESupports

Strongly supported the bill as Minister for Industrial Relations, emphasising her pride in the Palaszczuk government introducing industrial manslaughter provisions in 2017 and now extending them to the mining sector. Accused the LNP of opposing industrial manslaughter and warned they would remove the laws if returned to government.

Beware, Queenslanders. Beware, miners. Those opposite say, 'Oh, no, we're not going to oppose the bill,' but I have not heard much from them about supporting it.2020-05-20View Hansard
4.14 pmMr MADDENSupports

Drew on Ipswich's deep mining heritage and family connections to the mining industry to support the bill. Detailed the history of mining disasters including the Box Flat mine disaster that killed 18 men, and emphasised the government's obligation to ensure safe work environments.

It is an obligation of all governments, particularly Labor governments, to make laws that ensure a safe work environment for our workers and that they safely return home to their families at the end of their working day.2020-05-19View Hansard
12.11 pmMr ANDREWOpposes

Supported the industrial manslaughter provisions but opposed the bill overall due to changes to statutory office holder roles, accusing the government of not being serious about mine safety and failing to implement black lung report recommendations. Criticised the government for not moving the Mines Inspectorate to Mackay.

Coalminers and their families are being treated with contempt. This government is not serious about mine safety. They are only interested in mine royalties—yes, the money, the dollars, the dosh.2020-05-20View Hansard
4.23 pmMr MICKELBERGMixed

Stated the LNP would not oppose the bill but raised significant concerns including that the industrial manslaughter provisions may create a culture of non-reporting, the requirement for statutory position holders to be direct employees lacked evidence and was driven by the CFMMEU, and the bill was more about headlines than addressing underlying safety issues.

I contend that the minister's amendment does nothing to remediate the concerns expressed by many during the committee process. All it does is push the issue out 18 months down the road.2020-05-19View Hansard
12.18 pmDr ROWANMixed

Acknowledged worker safety as paramount but raised concerns about the broad definition of 'senior officer' in industrial manslaughter provisions, the lack of consultation on statutory office holder changes, and the Queensland Law Society's opposition to the provisions. Did not explicitly state support or opposition.

Whilst every effort must be made to protect workers and improve workplace safety, particularly in the resources industry, it is overwhelmingly apparent that the Palaszczuk state Labor government has once again taken a simplistic approach to industrial reform.2020-05-20View Hansard
4.31 pmMrs GILBERTSupports

Spoke from her community's direct connection to the mining industry, emphasising the impact of mining accidents on communities like Moranbah. Supported the requirement for statutory office holders to be direct employees, arguing contractors lack job security to speak up about safety issues.

For those who are contract workers there is no certainty. We need safety officers in secure work who are tied to their employer.2020-05-19View Hansard
12.28 pmMs LAUGASupports

Spoke in support of the bill, emphasising the importance of mine safety and the introduction of tough industrial manslaughter laws. Paid tribute to victims of the Grosvenor mine explosion and Moura mine disasters and defended the government's record on mine inspector numbers.

This bill will introduce tough new laws under which mining executives could face up to 20 years imprisonment and fines of up to $13 million if found guilty of criminal negligence.2020-05-20View Hansard
4.39 pmMr MILLARMixed

As a Bowen Basin MP, expressed relief the bill had finally come before the House but frustration it took so long while eight workers died. Supported industrial manslaughter in principle but criticised the requirement for SSEs to be direct employees as fundamentally imposing a more rigid workforce model for no safety benefit. Called for a bipartisan parliamentary select committee inquiry.

While I am very alert to the defects in this bill, the LNP will not be opposing it in the interests of mining safety. Mine safety must always come first when it comes to our mining industry.2020-05-19View Hansard
4.49 pmMr STEWARTSupports

Drew on his connections to the mining industry through Townsville as a fly-in fly-out hub and his visits to mine sites. Emphasised the Brady review's finding that many fatalities were preventable through basic controls, training and supervision, and supported both the industrial manslaughter provisions and statutory office holder requirements.

I am not prepared to accept one death, let alone an average of 12 deaths over the next five years, in the mining industry. This House will do everything it can to ensure that we do not lose any more miners.2020-05-19View Hansard
4.57 pmMr KNUTHSupports

Drew on his experience as a committee member investigating black lung disease and labour hire practices, and his representation of coalmining communities. Supported the bill's safety improvements, noting the ongoing culture of fear around reporting safety issues and acknowledging the CFMMEU's work on safety.

I am surprised that it is the year 2020 and the culture that frightens people to speak out about safety still exists this day.2020-05-19View Hansard
5.04 pmHon. GJ BUTCHERSupports

As Minister for Regional Development and a former maintenance superintendent at Queensland Alumina, supported the bill from personal experience managing worker safety in industrial settings. Emphasised the bill's introduction of industrial manslaughter offences and requirement for statutory office holders to be direct employees.

Jobs in the resources sector are spread throughout Queensland, particularly in the regions that I support and live in. The workers who do these jobs are the lifeblood of regional communities.2020-05-19View Hansard
5.11 pmMr WEIRMixed

As a committee member with family members working in coalmines, raised serious concerns about the committee process and the lack of consultation on the statutory office holder requirement. Strongly criticised the minister's competence, noting eight deaths under his watch and declining inspections and compliance actions.

There is nowhere for this minister to hide. His incompetence is on the public record. We have seen more deaths under this minister's watch than we have had in this state from coronavirus.2020-05-19View Hansard
5.21 pmMr POWERSupports

Drew on his Cornish mining ancestry to support the bill, arguing the industrial manslaughter provisions send a clear signal that ignoring safety is a criminal offence. Expressed concern that the LNP's criticisms indicate they would repeal the reforms if returned to government.

I hope that the industrial manslaughter provisions will be discussed very seriously amongst senior mine officers and will make the safety of our workers the primary goal of their operation.2020-05-19View Hansard
In Detail20 May 2020View Hansard
Government amendmentPassed

Minister's amendments Nos 1 to 10, including extending the transition period for statutory office holder employment requirements from 12 to 18 months, increasing reprisal protection penalties from 40 to 1,000 penalty units, enabling delegation of CEO powers, changing 'levied' to 'collected' for infrastructure charges, and amending prescribed mineral definitions.

Moved by Dr Lynham
Third Reading20 May 2020View Hansard
Royal Assent — Act 14 of 202025 May 2020

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