Coal Mining Safety and Health and Other Legislation Amendment Bill 2022
Plain English Summary
Overview
This bill amends coal mining safety laws and several resources Acts. It creates practical exceptions to the requirement that safety-critical positions at coal mines be filled by direct employees of the mine operator, and it supports Queensland's critical minerals sector by allowing rent deferrals for new mining leases. It also strengthens enforcement powers against non-compliant resource companies.
Who it affects
Coal mine operators and workers are most directly affected by the safety position changes. Critical minerals proponents benefit from rent deferrals, while landholders near resource operations benefit from stronger enforcement of coexistence obligations.
Coal mining safety positions
Creates exceptions to the direct employment requirement for statutory safety positions at coal mines. These positions, including site senior executive, underground mine manager, and ventilation officer, can now be filled by employees of associated companies, joint ventures, or contractors that employ at least 80% of a mine's workforce. Non-employees can fill these roles temporarily for up to 12 weeks.
- Statutory safety positions can be filled by employees of associated entities or joint venture companies, not just the mine operator
- Non-employees can act in safety roles for up to 12 weeks during vacancies or unplanned absences
- Contractors employing 80% or more of a mine's workers can have their employees fill statutory positions
- Exploration-only operations are exempt from direct employment requirements for site senior executives
Critical minerals and resource compliance
Supports the critical minerals sector by allowing the Minister to defer the first year's rent for qualifying mining leases, payable in five instalments over years four to eight. Also removes the requirement for resource authority holders to consent to monetary penalties for non-compliance, bringing petroleum, gas, geothermal, and greenhouse gas storage laws into line with the Mineral Resources Act.
- First year's mining lease rent can be deferred for projects mining any of 52 prescribed critical minerals, including lithium, cobalt, and rare earths
- Deferred rent is repaid in five equal instalments from years four to eight of the lease
- Resource companies can no longer block monetary penalties by withholding consent, though appeal rights to the Land Court are preserved
- Minor corrections fix cross-referencing errors across several resource Acts
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced12 Oct 2022View Hansard
Vote on a motion
Vote on declaring the Appropriation (Parliament) Bill (No. 3), Appropriation Bill (No. 3), Betting Tax and Other Legislation Amendment Bill, and Coal Mining Safety and Health and Other Legislation Amendment Bill as urgent bills for committee report by 4 November 2022. This was a procedural urgency motion, not a vote on the substance of any bill.
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (48)
Noes (39)
▸Committee12 Oct 2022View Hansard
Referred to Transport and Resources Committee
▸Second Reading8 Nov 2022 – 9 Nov 2022View Hansard
▸20 members spoke13 support1 oppose6 mixed
Supported the bill as strengthening safety culture by requiring direct employment of statutory position holders, noting that workers she has spoken to feel more confident raising safety issues when directly employed.
“This bill strengthens the safety and health culture of the resources sector through the facilitation of direct employment requirements, which require a person to be an employee of the coalmine operator to be appointed to certain statutory positions.”— 2022-11-09View Hansard
As Minister for Resources, moved the second reading and defended the bill as strengthening safety culture through direct employment requirements while providing practical exceptions for industry.
“Every worker deserves to go home to their loved ones at the end of their shift.”— 2022-11-08View Hansard
Supported the bill, drawing on experience as a member of the coal workers' black lung disease select committee, while noting the bill was a 'messy' fix for oversights in the government's previous legislation.
“I will be supporting this bill because anything put forward to this House that improves the health and safety of workers in our highly valuable coal industry is well worth supporting.”— 2022-11-09View Hansard
As shadow minister for resources, supported the bill's safety intent and confirmed the LNP would not oppose it, but heavily criticised the rushed consultation process and tabled an amendment to extend the commencement date by 12 months.
“Every worker has the right to expect to finish their shift and go home to their families safe and sound, so I support the intent of this bill and the LNP will not be opposing it.”— 2022-11-08View Hansard
Strongly supported the bill, speaking about the impact of mining deaths and injuries on Bowen Basin communities and the need for mine operators to take direct responsibility for safety through permanent employment of statutory position holders.
“Workers, no matter where they work, should have an expectation that they arrive home safe after their shift and they need to be in the same shape as when they left home.”— 2022-11-09View Hansard
Spoke in support of the bill, explaining the history of direct employment requirements and the practical need for the exceptions provided.
“I commend the bill to the House.”— 2022-11-08View Hansard
Spoke in support of the bill, noting the importance of the black lung inquiry initiated by the LNP and affirming that safety should always be the number one priority in mining.
“That is why this side of the House is supporting this legislation.”— 2022-11-09View Hansard
As deputy chair of the committee, supported the bill's safety intent but called for the commencement date to be extended to allow industry time to address unresolved issues.
“I ask the minister in the strongest possible way to please extend the commencement date to allow the serious issues raised to be addressed.”— 2022-11-08View Hansard
As Minister for Resources, replied to the second reading debate defending the bill's provisions including the 80 per cent contractor workforce threshold and 12-week temporary absence exception, rejecting calls for further delay.
“I decided that workers and their safety could not wait any longer.”— 2022-11-09View Hansard
Spoke in support of the bill, highlighting its alignment with the Queensland Resources Industry Development Plan and the importance of worker safety.
“Safety is paramount, and it is everyone's business.”— 2022-11-08View Hansard
Supported the bill's safety intent but expressed reservations about the process, arguing the government had arrived at a bureaucratic compromise that failed to fully resolve industry concerns.
“Nobody should be put in an environment where they feel that their safety is compromised, or they fear reporting a safety issue for some kind of reprisal.”— 2022-11-08View Hansard
Drew on his personal experience as a coalmine worker who lost a colleague to speak passionately about safety, but criticised the rushed process and called for the commencement date extension.
“I was an employee at a coalmine in Queensland where a fellow colleague was killed.”— 2022-11-08View Hansard
Defended the bill and criticised the LNP's previous record on union right-of-entry rules and worker safety, arguing the minister had made a sensible compromise.
“It is vitally important that we pass these laws today. These laws are sensible exceptions, not removing the intent.”— 2022-11-08View Hansard
Confirmed KAP's support for the bill, emphasising the party's support for the coal industry and worker safety.
“We will be supporting this bill because Katter's Australian Party supports not only coalmine workers and mineworkers across Queensland but also the use of our brilliant resource—coal—to generate an income for this state.”— 2022-11-08View Hansard
Opposed the bill's provisions allowing contracting out of safety-critical statutory positions, arguing they were a step backwards for worker rights and safety driven by pressure from mining companies.
“We support removing the ability of mining companies to negotiate enforcement penalties... However, we cannot support those provisions in the bill that would allow the site senior executives, open-cut examiners and safety-critical statutory positions at underground mines to be contracted out.”— 2022-11-08View Hansard
Spoke in support of the bill and criticised the Greens' position, noting the bill maintains direct employment requirements while providing practical exceptions.
“We can never, ever stop striving for higher safety in the resources industry, and we can never accept anything other than a zero-harm approach.”— 2022-11-08View Hansard
Supported the bill's sound safety intent but raised practical concerns about implementation details, including the 12-week exclusion period and industry readiness.
“I support the sound intent of it. We all want to see workers come home safely.”— 2022-11-08View Hansard
Spoke in support of the bill, specifically highlighting the rent deferral provisions for critical minerals mining leases.
“I am very excited to see measures such as the rent deferral being pursued through these legislative amendments because it is going to mean more investment into Queensland.”— 2022-11-08View Hansard
Criticised the bill as another broken promise and argued the government was not listening to industry and workers, while supporting the underlying safety objective.
“It is time for this government and this minister to listen. It is time for this government and this minister to accept that, as a government, they also have responsibilities when it comes to making our mines as safe as possible.”— 2022-11-08View Hansard
Spoke in support of the bill, criticising the LNP's record on industrial manslaughter laws and highlighting the government's commitment to worker safety.
“I am proud that the Palaszczuk government has always put workers and their safety at the centre of our policymaking.”— 2022-11-08View Hansard
▸In Detail9 Nov 2022View Hansard
That the amendment be agreed to
Vote on a government amendment to the bill (carried with government support 49-34, opposed by the LNP and crossbench who wanted a longer transition period)
The motion passed.
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Ayes (49)
Noes (34)
That the motion, as amended, be agreed to
Vote to pass the second reading of the Coal Mining Safety and Health and Other Legislation Amendment Bill as amended (carried 49-37, with the Greens and some crossbenchers voting against)
The motion passed.
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Ayes (49)
Noes (37)
▸1 clause vote (all passed)
Vote on clause 2
Vote on the commencement date of the bill, which the LNP wanted to delay by 12 months to November 2023 due to concerns about industry readiness and statutory officer shortages. The government's original commencement date was retained, with ALP, Greens, KAP and PHON supporting (55) and LNP and Independent Bolton opposing (31).
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (55)
Noes (31)
Supported the bill's safety objectives but proposed extending the commencement date by 12 months to November 2023, arguing the abbreviated consultation and committee process left unresolved issues around the 80 per cent contractor threshold and statutory officer shortages.
“We believe in worker safety 100 per cent. If a worker goes to work, they deserve to go home safely. We do not want to get this wrong.”— 2022-11-09View Hansard
Supported the safety objectives but argued the 16-day implementation window was inadequate given chronic shortages of qualified statutory office holders, and criticised the curtailed committee process.
“It is 16 days for coalmines and contractors to employ statutory office holders, if they do not already do so, at a time when there is a chronic shortage of individuals to fill some of these positions.”— 2022-11-09View Hansard