Resources Safety and Health Legislation Amendment Bill 2024
Plain English Summary
Overview
This bill overhauls safety and health laws for Queensland's mining, quarrying, petroleum and gas, and explosives industries. It responds to the Brady Review of fatal mining accidents and the Coal Mining Board of Inquiry by introducing critical control requirements, mandatory professional development for safety roles, stronger enforcement tools, and clearer industrial manslaughter liability for labour hire and contractor arrangements.
Who it affects
Workers in Queensland's resources sector gain stronger safety protections, while mine operators, labour hire agencies and contractors face tougher obligations and accountability. Workers in safety-critical roles must complete continuing professional development and hold practising certificates.
Key changes
- Mines and quarries must identify and implement critical controls — the safety measures most important for preventing deaths and serious accidents — as part of their safety management systems
- Five new certificates of competency created for surface coal mine roles (surface mine manager, electrical and mechanical engineering managers), with a 5-year transition period
- All holders of safety-critical certificates must complete continuing professional development and hold a practising certificate to keep working in their role
- Industrial manslaughter liability broadened to explicitly cover mine operators, labour hire agencies and contractors — closing a loophole where labour hire workers' deaths might not lead to operator prosecution
- Enforceable undertakings introduced as an alternative to prosecution, allowing companies to commit to safety improvements (not available for deaths or industrial manslaughter)
- Courts can now impose adverse publicity orders, safety project orders, restoration orders and training orders when convicting offenders
- Site senior executives must be located at or near the mine, with absences limited to 14 days
- Remote operating centre workers must be integrated into mine safety management systems and properly trained
- Increased penalties across all Acts for obstructing inspectors (up to 500 penalty units), failing to report incidents (100 penalty units), and reprisal against workers raising safety concerns (up to 1,000 penalty units for explosives)
- Inspectors in the petroleum and gas sector gain power to compel answers during incident investigations, implementing a Coroner's recommendation following a workplace death
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee18 Apr 2024View Hansard
Referred to Clean Economy Jobs, Resources and Transport Committee
The Clean Economy Jobs, Resources and Transport Committee examined the Resources Safety and Health Legislation Amendment Bill 2024, receiving eight submissions from industry and union stakeholders and holding public hearings. The committee unanimously recommended the bill be passed, while also recommending a five-year transitional period for safety critical role holders to obtain certificates of competency, and that the scope of certain worker safety provisions be expanded rather than narrowed. The Queensland Government supported all three recommendations.
Key findings (5)
- The bill integrates critical control management requirements into safety and health management systems for coal mines, metalliferous mines, and quarries, aligning with International Council of Mining and Metals definitions.
- Industry stakeholders including Peabody and the Queensland Resources Council broadly supported the introduction of critical controls into the legislation.
- The Mine Managers Association of Australia raised concerns about the suspension or cancellation of certificates of competency under the new practising certificate compliance framework.
- The committee found the proposed narrowing of worker safety provisions in sections 39 and 36 of the respective Acts was too restrictive and recommended the scope be expanded while retaining references to remote operating centre workers.
- Eight submissions were received from major resources sector stakeholders including mining unions, mining companies, and the Queensland Resources Council.
Recommendations (3)
- The committee recommends the Resources Safety and Health Legislation Amendment Bill 2024 be passed.
- The transitional period requiring persons in safety critical roles to hold a certificate of competency should expire 5 years after the date the Board of Examiners sets the examinations.
- That the proposed amendments to section 39 of the Coal Mining Safety and Health Act 1999 and section 36 of the Mining and Quarrying Safety and Health Act 1999 are reversed to expand the scope of the Bill, while retaining references to remote operating centre workers.
Committee report tabled
▸Second Reading12 June 2024View Hansard
That the bill be now read a second time
Party VoteVote to advance the Agriculture and Fisheries and Other Legislation Amendment Bill 2023 to committee stage after debate on dangerous dog reforms, fisheries onboard monitoring, and biosecurity amendments. Resolved in the affirmative under standing order 106(10) as part of the business program.
The motion passed.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
▸15 members spoke7 support8 mixed
As minister, introduced both bills and moved all government amendments. Outlined objectives including strengthening coexistence institutions, improving mine safety, banning carbon capture in the Great Artesian Basin, and removing the CSG subsidence framework for further consultation.
“We know that the most important thing to come out of a mine at the end of each shift is its workers. Reducing the risk of workplace deaths and serious accidents is a priority of mine and the Miles government.”— 2024-06-12View Hansard
As shadow minister, announced the LNP would not oppose either bill but heavily criticised the government for lack of consultation, cognating the two bills, and introducing last-minute amendments. Supported mine safety reforms including compulsion powers and the GAB carbon storage ban, but highlighted missed opportunities including on black lung disease.
“While the LNP will not oppose this bill, I will highlight the areas where we believe the government could do better because, by doing it better, we make our mines safer and move toward the goal of ensuring no other names are added to the memorial in Moranbah.”— 2024-06-12View Hansard
As committee chair, praised the collaborative committee work and thanked submitters. Commended the minister for removing the subsidence framework and accepting committee recommendations. Highlighted the government's commitment to worker safety.
“It is fair to say that we on this side of the House are absolutely focused on safety and worker safety—whether that is in a mine, on a construction site or anywhere else.”— 2024-06-12View Hansard
As Minister for Corrective Services, spoke primarily to the Parole Board validation amendments, explaining the administrative errors in acting board member appointments and the need for urgent retrospective validation. Also supported the GAB carbon storage ban.
“This was a technical error regarding the process for establishing and filling acting positions. As I have said publicly, this has not and will not result in the automatic release of anyone who has been denied parole.”— 2024-06-12View Hansard
Strongly criticised the minister for the shambolic process, particularly the withdrawal of the subsidence framework which he said caused serious mental health issues for affected landowners. Supported the GAB ban and mine safety reforms but called for an apology to landowners and small miners for the distress caused.
“The surprise is not that this shemozzle had to be withdrawn from the bill; it is that it was ever included in the first place.”— 2024-06-12View Hansard
Committee member who praised the collaborative committee process and defended the minister against opposition criticism. Highlighted the government listening to stakeholders by removing the subsidence framework and adding agricultural representation to Coexistence Queensland.
“The bill itself is not what is causing the trauma for those on agricultural lands; it is the actual issue and as a government we were addressing the issue.”— 2024-06-12View Hansard
Criticised the government for lack of consultation on both bills and the cognate debate format. Raised concerns about the subsidence framework failure, renewable energy projects on agricultural land, the $10 million environmental bond for critical minerals, and insufficient time to debate mine safety legislation.
“To put it in perspective, cognating these two bills means we have 10 minutes to talk about over 1,000 pages of material in relation to this legislation and submissions to this legislation.”— 2024-06-12View Hansard
Spoke at length about the Queensland Resources Industry Development Plan's six focus areas including diversifying the industry, strengthening ESG credentials, fostering coexistence, First Nations partnerships, building a safe workforce, and improving regulatory efficiency. Defended progressive coal royalties.
“I rise to speak in favour of the legislation being debated cognately because I care about miners in Queensland and I care about ensuring they get home safely.”— 2024-06-12View Hansard
Committee member who thanked the minister for removing the subsidence issue but criticised the lack of consultation and rushed process. Advocated strongly for tripartite working groups for safety regulation and raised concerns about the $10 million environmental bond for critical minerals and the lack of consultation with the fossicking industry.
“I would encourage the minister to support a tripartite working group for safety regulation. It should be something that is done openly, transparently and frequently so that Queensland can lead the way in the resources industry worldwide.”— 2024-06-12View Hansard
Supported both bills but criticised the MEROLA Bill as entrenching Labor's image as the party of mega gas companies. Argued Coexistence Queensland is just a rebrand of the GasFields Commission without meaningful change. Supported mine safety reforms and the GAB carbon storage ban but raised concerns about First Nations exclusion and landholder power imbalances.
“For many landholders and First Nations communities, coexistence with the gas industry is a fallacy. It is a pure impossibility.”— 2024-06-12View Hansard
Drew on his experience from the pneumoconiosis select committee to support the mine safety bill. Rebutted LNP claims of no tripartite consultation, stating the Coal Mining Safety and Health Advisory Committee had discussed these matters three times. Praised industrial manslaughter provisions and worker protection reforms.
“There is a Coal Mining Safety and Health Advisory Committee. It consists of representatives of industry, workers and the regulators and it is chaired by the RSH commissioner. All of the matters in these bills that pertain to safety have been to that committee for tripartite discussion.”— 2024-06-12View Hansard
Welcomed the GAB carbon storage ban as perhaps the first positive thing from Labor for agriculture. Criticised the government's treatment of agriculture including veg management laws, reef regulations and gillnet bans. Raised concerns about FIFO and contract workforces as safety risks, and unresolved CSG-landholder coexistence tensions.
“I will even put my own hand up and admit that I was slow to the party on what was going on there. I think my complacency was associated with disbelief that we would even contemplate letting a global commodity trader have access to what they say is one of the greatest—if not the greatest—natural, pristine underground water supplies on the planet.”— 2024-06-12View Hansard
Claimed the government was adopting LNP policies including expanding the GasFields Commission and banning GAB carbon storage. Criticised the rushed cognate debate and thanked farmers from the Darling Downs for their advocacy on the subsidence issue.
“I finish by thanking the Labor government for supporting the LNP's policies that are in this bill.”— 2024-06-12View Hansard
Drew on his mining background to support the safety reforms, including tighter competency requirements, stronger safety representative powers and enforceable undertakings. Strongly supported the GAB carbon storage ban, comparing its importance to the Great Barrier Reef. Echoed concerns about FIFO and contract workforces.
“If this was happening on the Great Barrier Reef, we would have everyone from UNESCO and the federal government to the state government putting them under the microscope with rigour as soon as this was even mentioned.”— 2024-06-12View Hansard
Spoke from his experience as a quarry operator and SSE holder. Raised concerns about the lack of consultation with smaller quarry operators, the confusion around SSE requirements, and the burden of reporting high-potential incidents. Supported opposing GAB carbon storage.
“Might I say some of the smaller quarrymen—there are lots of small quarries right throughout Queensland—live in fear of the legislation that was brought in in 1999 because at a lot of those quarries do not have the ability to hire qualified SSEs to oversee their operations.”— 2024-06-12View Hansard
▸In Detail12 June 2024View Hansard
Amendments to clauses 8 and 155 expanding the scope of general safety and health obligations under section 39 of the Coal Mining Safety and Health Act 1999 and section 36 of the Mining and Quarrying Safety and Health Act 1999 to apply to any person not located at a mine who may affect the safety and health of workers, implementing committee recommendation 3.
Referenced Entities
Legislation
Organisations
Programs & Schemes
Roles & Offices
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards