Coal Mining Safety and Health and Other Legislation Amendment Bill 2022
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
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, rather than on the substance of the Coal Mining Safety and Health Bill itself.
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)
Referred to Transport and Resources Committee
▸21 members spoke14 support1 oppose6 mixed
Strongly supported the bill as protecting mineworkers' safety through direct employment requirements, enabling statutory position holders to raise safety concerns without fear of reprisal.
“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, introduced and commended the bill, emphasising it strengthens safety culture through direct employment requirements while providing practical exceptions following extensive tripartite consultation.
“Every worker deserves to go home to their loved ones at the end of their shift. I am sure that everyone in this House would agree with that.”— 2022-11-08View Hansard
Supported the bill as a former member of the coal workers' black lung disease select committee, emphasising the importance of safety measures while noting some contradictions with the government's energy policy.
“I rise to support 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 natural resources, supported the intent of the bill but heavily criticised the rushed consultation process and proposed an amendment to extend the commencement date by 12 months due to unresolved implementation issues.
“I support the intent of this bill and the LNP will not be opposing it. My concerns are with the bungled implementation and very poor consultation process.”— 2022-11-08View Hansard
Passionately supported the bill, speaking about the impact of mining deaths on communities and the need to change workplace culture to protect workers.
“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
As committee member, supported the bill and defended the consultation process, noting industry had 2.5 years to prepare and highlighting the importance of permanent employment for safety positions to address the culture of fear around reporting safety issues.
“This bill is about making sure the organisation operating the mine owns the risk of its operations.”— 2022-11-08View Hansard
Supported the bill, noting the importance of mine safety and the LNP's previous work on the black lung inquiry.
“People deserve to come home safely from a day's work.”— 2022-11-09View Hansard
Supported the bill's intent but raised serious concerns about implementation, including the 80 per cent threshold, workforce calculation ambiguities, and the rushed commencement date, calling for a 12-month extension.
“The LNP will not be voting against the bill. However, 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, replied to the debate strongly defending the bill and the consultation process, rejecting opposition calls for a 12-month delay.
“The most important resource to come off our mine sites are our workers and I totally agree with that. This bill is about the safety of our workers.”— 2022-11-09View Hansard
Supported the bill, emphasising the critical minerals rent deferral provisions and the importance of direct employment requirements to ensure workers can report safety concerns without fear of reprisal.
“The fear of reprisal has been a grave concern of coalminers, who have raised this issue with me on more than one occasion.”— 2022-11-08View Hansard
Accepted the minister's sincerity on safety but expressed concern about the bureaucratic compromise that satisfies no stakeholders, questioned where the 80 per cent threshold came from, and urged extending the deadline for further consultation.
“I am concerned that creating a bureaucratic nightmare for mine operators, contractors, unions and other people will take the eye off what the ultimate aim is—that is, to have a culture of safety.”— 2022-11-08View Hansard
As Minister for Industrial Relations, strongly supported the bill as providing sensible exceptions to direct employment requirements while maintaining worker safety, noting the government's proud record on workplace safety including industrial manslaughter laws.
“Sometimes in industrial relations and health and safety when both sides are not happy you know you have probably struck the right balance.”— 2022-11-08View Hansard
As a former coalmine worker who experienced a colleague's fatality, supported the bill's intent but was highly critical of the rushed process and lack of evidence that provisions would improve safety outcomes, calling it a 'slap in the face to coalmine workers'.
“We are significantly changing the requirements of coalmine operators in terms of statutory positions and we do not have any evidence that it will improve safety outcomes.”— 2022-11-08View Hansard
Supported the bill, highlighting the Queensland Resources Industry Development Plan and critical minerals provisions, and noted that the minister had to make a decision when parties could not agree during consultation.
“It was a situation where the minister was faced with two parties diametrically opposed and he had to provide security for the mining industry and make a decision. That is exactly what a good minister would do.”— 2022-11-08View Hansard
Supported the bill on behalf of Katter's Australian Party, emphasising KAP's support for the coal industry and worker safety, noting the legislation addresses concerns about statutory officers feeling free to raise safety issues.
“The most valuable thing to come out of a mine is its workers at the end of their shift.”— 2022-11-08View Hansard
Opposed key provisions of the bill that allow statutory positions to be contracted out, arguing this is a step backwards for worker rights and safety that bows to pressure from coalmining bosses while sidelining workers' concerns.
“These parts of the bill are a step backwards for worker rights and safety. It is another case of this Labor government bowing to pressure from coalmining bosses and sidelining the concerns of workers.”— 2022-11-08View Hansard
Supported the bill and refuted the Greens' claim that it allows contracting out of statutory positions, noting Ipswich's history as the birthplace of Queensland's coal industry with 186 fatalities between 1858 and 1997.
“On my reading of the bill, nowhere in this legislation is there an ability to contract out statutory positions. On the contrary, it acknowledges that the only people who can fill the roles are those employed by the mine operator itself.”— 2022-11-08View Hansard
Supported the bill's intent but raised concerns about the 80 per cent threshold ambiguity and the 12-week exemption period, supporting the shadow minister's amendment to extend the commencement date by 12 months.
“I support the shadow minister's suggestion and proposed amendment to see the bill's commencement date extended to 25 November 2023.”— 2022-11-08View Hansard
Supported the bill, focusing on the rent deferral provisions for critical minerals that will help smaller mining companies access startup capital and create jobs.
“The ability to access a rent deferral will I am sure aid in attracting more investment into Queensland.”— 2022-11-08View Hansard
Criticised the government for failing to deliver on election commitments regarding mine safety and for rushing the bill through committee, while acknowledging the LNP understands the importance of mine safety.
“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
Supported the bill, criticising the LNP for voting against industrial manslaughter laws while claiming to support mine safety, and noted her experience on an underground mine tour highlighting the dangerous conditions workers face.
“I am proud that the Palaszczuk government has always put workers and their safety at the centre of our policymaking.”— 2022-11-08View Hansard
That the amendment be agreed to
The motion passed.
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Ayes (49)
Noes (34)
That the motion, as amended, be agreed to
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. The LNP wanted to delay implementation by 12 months to November 2023. The clause was agreed to with 55 ayes and 31 noes, with government and crossbench supporting the original date.
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)
Raised concerns about the implementation timeline, proposing to extend the commencement date to November 2023 to address industry concerns, while supporting worker safety in principle.
“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
Raised concerns about the rushed implementation timeline and called for a 12-month delay to allow proper industry consultation.
“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
Plain English Summary
Overview
This bill makes practical adjustments to coal mining safety employment rules and supports Queensland's critical minerals sector. It allows coal mining companies more flexibility in staffing safety-critical positions while maintaining the core protections for workers, and introduces rent deferrals for new critical minerals mining leases.
Who it affects
Coal mining companies and workers gain more flexible staffing arrangements for safety positions. Critical minerals developers can defer first-year rent. Landholders benefit from stronger compliance enforcement against resource companies.
Coal mining safety positions
Provides exceptions to the requirement that safety-critical positions at coal mines be filled by direct employees of the mine operator. These exceptions address joint ventures, corporate structures, short-term absences (up to 12 weeks), exploration activities, and contractor-operated mines where contractors employ 80% or more of workers.
- Site senior executives, underground mine managers, and ventilation officers can be employed by associated companies or joint venture partners
- Acting appointments for up to 12 weeks allowed for non-employees during vacancies or absences
- Exploration-only operations exempt from direct employment requirements for site senior executives
- Contractor companies employing 80% or more of mine workers can employ statutory position holders
Critical minerals rent deferral
Creates a framework for deferring the first year's rent on mining leases for prescribed critical minerals, supporting the Queensland Resources Industry Development Plan. Deferred rent must be repaid in five instalments during years 4-8 of the lease.
- Minister can defer first-year rent for critical minerals mining leases
- Applicants must commit to spending equivalent amounts on start-up costs
- Deferred rent repaid in five equal instalments over years 4-8
- Unpaid rent becomes a debt to the state if lease cancelled early
Resource compliance enforcement
Removes the requirement for resource authority holders to agree to monetary penalties for non-compliance under the Petroleum and Gas, Geothermal Energy, and Greenhouse Gas Storage Acts, aligning them with the Mineral Resources Act.
- Monetary penalties up to 2,000 penalty units can be imposed without holder agreement
- Resource companies can no longer delay enforcement by refusing to agree to penalties
- Natural justice protections and Land Court appeal rights preserved