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 provides practical exceptions to the requirement that safety-critical position holders at coal mines must be directly employed by the mine operator, and creates a rent deferral scheme for critical minerals mining leases.
Who it affects
Coal mine operators and workers in statutory safety roles gain more flexibility in how positions are filled. Critical minerals miners can defer their first year's lease rent. Resource companies face stronger enforcement for non-compliance.
Coal mining safety positions
Broadens who can hold safety-critical statutory roles at coal mines. Employees of associated companies, joint ventures, and major contractors (employing 80% or more of a mine's workers) can now fill these positions. Non-employees can act in roles for up to 12 weeks during vacancies or absences.
- Safety position holders can be employed by associated entities or contractors employing 80% or more of the mine's workers, not just the mine operator
- Non-employees can fill statutory safety roles on an acting basis for up to 12 weeks during absences or vacancies
- Exploration-only operations are exempt from the direct employment requirement for Site Senior Executives
- Existing appointees who do not meet the new employment requirements go out of office on commencement
Critical minerals rent deferral
Creates a framework for the Minister to defer the first year's rent on mining leases for critical minerals projects. Deferred rent is repaid in five equal instalments over years four to eight of the lease.
- First year's mining lease rent can be deferred for projects mining prescribed critical minerals
- Proponents must commit the deferred amount to start-up and development costs
- A list of 50 critical minerals is prescribed, including lithium, cobalt, nickel, and rare earth elements
Resource authority compliance
Removes the requirement for resource authority holders to agree to a monetary penalty before it can be imposed for non-compliance, bringing petroleum, gas, geothermal, and greenhouse gas storage Acts in line with the Mineral Resources Act.
- Monetary penalties of up to 2,000 penalty units can be imposed without the resource authority holder's agreement
- Decisions remain appealable to the Land Court of Queensland
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced12 Oct 2022View Hansard
Vote on a motion
Procedural vote on whether to declare four bills (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, requiring committee reports by 4 November 2022 instead of the standard timeframe. The LNP, Greens, KAP, PHON and independent members opposed the shortened committee scrutiny period.
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
The Transport and Resources Committee examined the bill over three weeks, receiving 10 submissions and holding public hearings with industry and union representatives. The committee recommended the bill be passed, while making five additional recommendations seeking clarification on enforcement, further consideration of associated entity exceptions, the 80% workforce threshold, and improvements to the Explanatory Notes and Statement of Compatibility. LNP members filed a Statement of Reservation noting concerns about flaws in the detail of the legislation.
Key findings (5)
- The bill creates limited exceptions to direct employment requirements for coal mine statutory safety positions, including for associated entities, short-term vacancies of up to 12 weeks, and operators employing at least 80% of workers at a mine.
- The Mining and Energy Union opposed most exceptions, arguing they were incompatible with the intent of the 2020 direct employment amendments to the Coal Mining Safety and Health Act.
- Industry submitters including the Queensland Resources Council and Idemitsu Australia argued the 12-week vacancy exception was too short given recruitment challenges in the sector.
- Resources Safety and Health Queensland confirmed it would be responsible for enforcing compliance with the new direct employment exceptions.
- The committee identified potential fundamental legislative principle issues not addressed in the Explanatory Notes, particularly regarding clause 12 (new section 324 in the CMSH Act) and clause 23 (new section 291 in the Mineral Resources Act).
Recommendations (6)
- The committee recommends the Coal Mining Safety and Health and Other Legislation Amendment Bill 2022 be passed.
- The committee recommends clarification by the Minister of which body will enforce compliance with the exceptions to direct employment provisions.
- The committee recommends the Minister further consider the application of the associated entity exception to the direct employment requirements for EEM and MEM roles.
- The committee recommends the Minister revisit the percentage threshold for the exception for direct employment requirements for entities who employ at least 80% of workers at a coal mine.
- The committee recommends the Explanatory Notes be amended to identify a greater number of issues in its discussion of consistency with fundamental legislative principles.
- The committee recommends the Statement of Compatibility be amended to include a discussion of the engagement of the right to property resulting from Clause 12 of the Bill.
Committee report tabled
▸Second Reading8 Nov 2022View Hansard
That the amendment be agreed to
Vote on a government amendment during the second reading debate. The LNP had sought to extend the commencement date to 25 November 2023 but could not move their amendment in Consideration in Detail due to standing orders, so it was moved as a second reading amendment instead. The government's amendment was carried 49-34.
The motion passed.
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Ayes (49)
Noes (34)
That the motion, as amended, be agreed to
Vote on the second reading of the Coal Mining Safety and Health and Other Legislation Amendment Bill 2022, as amended. Carried 49-37, with the Greens and some crossbenchers voting against the bill.
The motion passed.
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Ayes (49)
Noes (37)
▸22 members spoke15 support1 oppose6 mixed
Strongly supported the bill as strengthening safety culture by requiring direct employment of statutory safety positions, allowing workers to raise safety issues without fear of reprisal.
“Industry advocated for these amendments; workers advocated for these amendments. We on this side listened to workers, and we are delivering.”— 2022-11-09View Hansard
Introduced and championed the bill as Minister for Resources, arguing it provides practical exceptions to direct employment requirements while maintaining safety accountability, and delivers on the Queensland Resources Industry Development Plan.
“Every worker deserves to go home to their loved ones at the end of their shift.”— 2022-11-08View Hansard
Supported the bill as improving health and safety of coalminers, drawing on his experience on the coal workers' black lung disease select committee, though criticised the government's broader anti-coal energy agenda.
“I rise to give my contribution to the Coal Mining Safety and Health and Other Legislation Amendment Bill. 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, did not oppose the bill but heavily criticised the government for rushing it through as urgent after sitting on it for nearly two years, and tabled an amendment seeking to extend the commencement date to 25 November 2023.
“The fact this minister is ramming through a bill that is not evidence based tells this House all we need to know.”— 2022-11-08View Hansard
Spoke passionately about the cycle of mining injuries and deaths in the Bowen Basin, supporting the bill's requirement for direct employment of statutory safety positions so workers are not afraid to speak up about safety issues.
“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
Supported the bill as committee chair, outlining the committee's six recommendations and thanking submitters and committee staff for their work under a compressed time frame.
“I commend the bill to the House.”— 2022-11-08View Hansard
Confirmed the LNP's support for the legislation, noting the importance of the bipartisan black lung inquiry and the need for worker safety across the resources industry.
“That is why this side of the House is supporting this legislation.”— 2022-11-09View Hansard
Did not vote against the bill but raised serious concerns about the 80 per cent threshold, the rushed committee process, workforce shortages of statutory officers, and ambiguity around enforcement, strongly supporting the amendment to extend the commencement date by 12 months.
“It is hard to find any evidence that this change of model will improve health and safety outcomes. Indeed, it may worsen those outcomes by making the knowledge provided by statutory officers harder for mines to access.”— 2022-11-08View Hansard
As Minister for Resources, defended the bill in reply, detailing the extensive consultation process and rejecting the LNP's call for a further 12-month delay, arguing workers' safety could not wait any longer.
“I decided that workers and their safety could not wait any longer.”— 2022-11-09View Hansard
Supported the bill, emphasising the rent deferral provisions for critical minerals and the importance of direct employment requirements to ensure workers can raise safety issues 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
Did not oppose the bill but expressed reservations about the 80 per cent rule, the rushed process, and argued the bill creates a bureaucratic nightmare rather than fostering a genuine culture of safety.
“Both the union and the QRC believe that they can come up with a better solution than this given a little bit more time, and I would encourage the minister to seek that better solution.”— 2022-11-08View Hansard
Supported the bill as Minister for Industrial Relations, arguing the limited exceptions strike the right balance between industry and union positions, and defended the government's record on workplace health and safety.
“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 lost a colleague in a mining fatality, did not oppose the bill but criticised the minister for complacency, the lack of evidence that provisions would improve safety, and unresolved issues around care and maintenance sites.
“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 rent deferral provisions for critical minerals and the importance of workplace health and safety legislation, while criticising the LNP's position on union right-of-entry rules.
“I am happy to support this bill, which improves health and safety by implementing direct employment requirements for coalmining statutory positions.”— 2022-11-08View Hansard
Supported the bill on behalf of Katter's Australian Party as a former mine worker, acknowledging it addresses safety concerns around fear of reprisal for reporting issues, while noting the MEU's concerns about the bill's effectiveness.
“The most valuable thing to come out of a mine is its workers at the end of their shift.”— 2022-11-08View Hansard
Supported the bill, sharing that constituents who are contractors have spoken to him about their fear of reporting safety issues and the consequences for their employment.
“I have had my constituents who are contractors at the mines come to speak to me directly about their fear of reporting health and safety issues.”— 2022-11-08View Hansard
Opposed the bill because it allows safety-critical statutory positions to be contracted out, arguing this is a step backwards for worker rights and safety that bows to pressure from coalmining bosses, and also opposed the rent deferral provisions as handouts to mining corporations.
“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
Supported the bill, disputing the Greens' characterisation and emphasising that the bill strengthens direct employment requirements and keeps the coalmine operator as the central point of responsibility for safety.
“On my reading of the bill, nowhere in this legislation is there an ability to contract out statutory positions.”— 2022-11-08View Hansard
Supported the intent of the bill but raised concerns about the 80 per cent threshold, the 12-week vacancy exemption, and the lack of clarity around care and maintenance sites, backing the shadow minister's amendment to extend the commencement date.
“The MEU doesn't believe the Bill will improve health and safety outcomes in its current format.”— 2022-11-08View Hansard
Supported the bill, focusing on the rent deferral provisions for critical minerals and their importance for attracting investment and creating jobs in the renewable energy transition.
“By being able to access a rent deferral at this critical juncture, operations will be better placed to start producing and generating capital sooner and start making money and creating additional jobs for Queenslanders.”— 2022-11-08View Hansard
Did not vote against the bill but strongly criticised the government for breaking election commitments, rushing the legislation, and failing to ensure adequate medical services in mining regions, citing the Moranbah miners memorial.
“This government has had close to two years to get this right and they have failed.”— 2022-11-08View Hansard
Supported the bill as an MEU member, criticising the LNP for voting against industrial manslaughter laws while claiming to support mine safety, and described her experience visiting an underground coalmine.
“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
▸1 clause vote (all passed)
Vote on clause 2
Vote on retaining the government's commencement date of 25 November 2022, which the LNP wanted to delay by 12 months to allow industry more time to comply with the direct employment requirements for statutory safety positions at coal mines.
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 intent on worker safety but raised concerns about the rushed implementation timeline, the 80 per cent workforce threshold, the 12-week temporary vacancy period, and proposed delaying commencement to 25 November 2023.
“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 bill's safety objectives but argued the 16-day implementation timeline was unacceptable given chronic shortages of statutory office holders, calling for a 12-month delay.
“We have curtailed the committee process. We have curtailed the ability for submitters to put in submissions on this bill. These are important considerations.”— 2022-11-09View Hansard
Assent date: 20 October 2021
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