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1
Coal Legislation Amendment
COAL LEGISLATION AMENDMENT
BILL 1997
EXPLANATORY NOTES
Short Title
This Bill may be cited as the Coal Legislation Amendment Bill 1997.
Policy Objectives
Mines Rescue
The major policy objectives for mines rescue are:
· the repeal of section 76 of the Coal Mining Act 1925--relating to
the provision of mines rescue services; and
· the amendment of the Coal Mining Act 1925 to provide for--
the accreditation of an industry corporation to provide mines
rescue services to coal mines;
every coal owner to be a member of the industry corporation
and contribute to the provision of a mines rescue service;
the transfer of assets used by the Queensland Mines Rescue
Brigade (QMRB) and the staff of the QMRB to the industry
corporation that will first provide mines rescue services;
the Minister to fix performance criteria for mines rescue
service to be provided by the industry corporation; and
the Minister to rectify any default by the industry corporation
in the provision of mines rescue services or failure to meet
performance criteria.
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Coal Legislation Amendment
Coal Industry (Control) Act 1948
The main objectives contained in the Bill concerning the Coal Industry
(Control) Act 1948 are:
· the repeal of the Coal Industry (Control) Act 1948 and the
abolition of the Queensland Coal Board (QCB);
· the inclusion in the Coal Mining Act 1925 of those provisions
formally contained in the Coal Industry (Control) Act 1948
relating to the collection of coal industry statistics and the
Queensland Coal Industry Employees' Health Scheme Order;
· the transfer of QCB staff to undertake the above statutory
functions and other associated duties to the Department of Mines
and Energy (DME); and
· the transfer of the liabilities and assets of QCB to DME,
including the funds managed by the Board.
Other Objectives
Other objectives are:
· the amendment of the Coal and Oil Shale Mine Workers'
Superannuation Act 1989 to remove unnecessary provisions;
· the repeal of the Coal and Oil Shale Mine Workers (Pensions)
Act 1941; and
· minor amendments to the Coal Mining Act 1925 and to the Coal
and Oil Shale Mine Workers' (Superannuation) Act 1989.
RATIONALE FOR THE BILL
Mines Rescue
The cessation of DME funding of the QMRB was a savings initiative
previously considered by the Cabinet Budget Committee. This savings
initiative was approved by the Cabinet Budget Committee to have effect
from the commencement of the 1997-98 year with expected savings of
$1.2m in a full year.
In order to facilitate the orderly transfer to the new structure, it is
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Coal Legislation Amendment
proposed that all assets used exclusively or primarily by the QMRB be
transferred to the new industry corporation at no cost. These assets include
land, the mines rescue stations (buildings, furniture and fittings), mines
rescue equipment, residences for mines rescue personnel, vehicles and other
plant.
The Queensland Mining Council on behalf of the Queensland coal
operators has agreed to manage and fully fund mines rescue from 1 January
1998.
Coal Industry (Control) Act 1948
In 1993, the Board was evaluated under the provisions of the Public
Finance Standards. That evaluation was conducted under the guidance of a
Steering Committee comprising representatives of the then Department of
Mineral and Energy, the QCB, the United Mine Workers' Division of the
Construction, Forestry, Mining and Energy Union (CFMEU) and the coal
mining industry.
As a result of reviews of the Department and the Board, the then Public
Service Management Commission recommended that the Act be reviewed
on the basis that the legislation no longer reflected the needs of industry or
the current activities of the Board. The review of the Act, consistent with the
regulatory review process developed by the Business Regulation and
Review Unit (BRRU), commenced in November 1992.
It is Government policy that the Board now be abolished.
Other Objectives
The Coal and Oil Shale Mine Workers (Pensions) Act 1941, and Coal
and Oil Shale Mine Workers' (Superannuation) Act 1989 were reviewed as
part of the systematic review of business legislation and regulations in
Queensland. Those Acts are largely covered by Commonwealth
superannuation legislation, making the Pensions Act and Regulation, and
certain sections of the Superannuation Act superfluous. Corrs, Chambers
and Westgarth was engaged jointly by the Department and the Business
Regulation Review Unit to review the legislation.
The recommendations, which have been provided in the proposed Bill,
include removal of provisions covered by Commonwealth superannuation
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Coal Legislation Amendment
legislation, and do not raise any substantive policy issues.
ALTERNATIVE WAYS OF ACHIEVING THE POLICY
OBJECTIVES
Mines Rescue
Numerous options were examined in detail before a final decision on
adoption of a company model was finalised. The main alternative was to
make the QMRB a statutory authority, fully funded by an industry levy.
The industry (Queensland Mining Council) was strongly of the view that it
wanted full control of the mines rescue organisation if they were to provide
full funding. Therefore, the option of establishing a statutory authority was
not acceptable.
Coal Industry (Control) Act 1948
Other alternatives were not progressed, as it is Government policy that
the QCB be abolished.
ESTIMATED COST OF GOVERNMENT IMPLEMENTATION
Mines Rescue
The additional costs involved in the implementation of mines rescue
relates to the establishment of financial and administrative processes with
the QMRB to allow the transition from Government to a private
corporation. Those costs are estimated at $100,000.
Coal Industry (Control) Act 1948
There are no additional costs involved.
CONSISTENCY WITH FUNDAMENTAL LEGISLATIVE
PRINCIPLES
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Coal Legislation Amendment
Clause 103I provides the following:
A. corporation may apply to the Minister for a grant of
accreditation to provide mines rescue services.
B. The Minister may grant or refuse the accreditation.
C. However, before granting an accreditation, the Minister must be
satisfied--
1. the corporation is able to--
(a) provide mines rescue services for every underground
mine; and
(b) comply with the performance criteria; and
2. the Minister is able to audit or monitor the mines rescue
services provided by the corporation and its compliance
with the performance criteria; and
3. if the corporation fails to provide mines rescue services or
comply with the performance criteria--it has made suitable
provision for the Minister to remedy the failure by--
(a) managing the corporation's mines rescue services;
and
(b) requiring contributions for the corporation under
section 103F (1) to allow the Minister to manage its
mines rescue services
Parliamentary Counsel has advised that there is a possible FLP issue
relating to paragraph (c)(i) and (ii) which are underlined in the text. Firstly,
there is no obligation on a corporation to provide mines rescue service, as
action by a corporation seeking approval for the provision of mines rescue
services would be a conscious decision of the directors of the corporation.
Secondly, mines rescue services require specialised equipment (including
inertisation equipment) that will allow it to undertake a continuous rescue
operation of employees in an underground mine involving an irrespirable
atmosphere. It will also be required to have trained specialised staff and
volunteers to undertake any rescue operation and operate specialised
equipment. The draft Bill provides for the transfer of mines rescue
equipment and staff of the QMRB to the first accredited industry
corporation. Further, as mines rescue is a highly specialised service, it is
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Coal Legislation Amendment
unlikely that there will be more than one mines rescue corporation at any
one time.
Given the above situation, and the obligation on Government to ensure
that there is a continuing viable mines rescue service, it is absolutely critical
that in the event that the corporation fails to meet its obligations that it
has previously agreed to, then the Government has sufficient power to
operate the mines rescue service until alternative industry arrangements can
be made. Failure in the provision of a continuing mines rescue services will
most likely result in a close down of underground coal mining activities in
Queensland, with substantial loss of State revenue.
It is pointed out that the industry corporation to fully fund and manage
mines rescue from 1 January 1998 does not have any problems with this
possible FLP issue and is, in fact, making provision in its proposed Articles
of Association to provide those powers to the Minister.
CONSULTATION
During the preparation of the Bill Government agencies, individuals, and
employee and employer organisations were consulted. All persons
consulted were in agreement with the policy directions included in the Bill.
Those consulted included--
· Government: Queensland Treasury (Budget and NCP Units,
and Office of State Revenue); QMRB committee, management
and staff; Department of Natural Resources (Titles Office);
Crown Law; QCB members and staff ; and internal consultation
with officers of DME.
· Employee Representatives: CFMEU (coal industry
employees); and the Australian Collieries Staff Association
(employees of the QMRB).
· Industry Representatives: Queensland Mining Council
(representing the Queensland coal owners who will be
responsible for managing and fully funding mines rescue); New
Hope Group (contributing companies to Coal Industry
Employees Severance Pay Fund); and Queensland Coal and Oil
Shale Mining Industry (Services) Pty Ltd (administrators of coal
industry long service leave, and coal industry superannuation and
pension funds).
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Coal Legislation Amendment
PURPOSE AND INTENDED OPERATION OF EACH CLAUSE
Part 1--Preliminary
SECTION 1--Short title
Provides that the Bill, when enacted, may be cited as the Coal Legislation
Amendment Act 1997.
SECTION 2--Commencement
Provides for the commencement of the Coal Legislation Amendment Act
1997 on a day to be fixed by proclamation.
Part 2--Amendment of the Coal Mining Act 1925
SECTION 3--Act amended in pt 2
Provides that part 2 of the Bill refers to the amendment of the Coal
Mining Act 1925.
SECTION 4--Amendment of s 4 (Interpretation)
Provides for the inclusion of accredited corporation, mine, mines rescue
agreement, mines rescue capability, mines rescue services, owner, party and
performance criteria in the listing of definitions contained in section 4 of the
Coal Mining Act 1925. The wording for the definitions are contained
elsewhere in the Bill.
SECTION 5--Amendment of s 74 (Inquiries into accidents)
Section 5(1) provides for the insertion of the words "panellists" in
section 74(1) or the Coal Mining Act 1925 to describe the four persons to
assist the Warden at inquiries into accidents.
Section 5(2) provides for the insertion of new clause 74(2) which
requires that the Warden must choose a reserve for each of the four
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Coal Legislation Amendment
panellists to assist the inquiry. It also provides that if a panellist is unable to
continue with the inquiry, then the reserve be appointed to fill the vacancy,
and that the inquiry may continue if there are two or more panellists.
SECTION 6--Omission of s 76 (Rescue brigade)
Provides for the repeal of those existing provisions in the Coal Mining
Act 1925 concerning the operation of mines rescue.
SECTION 7--Insertion of new pts 4A and 4B
Provides for the insertion of new parts 4A and 4B in the Coal Mining Act
1925. Part 4A provides for the operation of mines rescue, whilst part 4B
provides for the processes for dealing with appeals against decisions of the
Minister concerning mines rescue.
The following provides specific comments on each of the new clauses
included in parts 4A and 4B.
Part 4A--Mines Rescue
Division 1--Preliminary
Clause 103A--Objects of pt 4A
Provides that the main objects of part 4A of the Coal Mining Act 1925
are:
to ensure each underground mine owner provides a mines rescue
capability for the mine;
to provide for the Minister to accredit corporations which will
assist underground mine owners provide a mines rescue
capability;
to provide for the Minister to fix mandatory performance criteria
relating to mines rescue which must be met by the accredited
corporation; and
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Coal Legislation Amendment
to ensure accredited corporations provide mines rescue services
and meet the performance criteria.
Clause 103B--Definitions for pt 4A
Provides for the following definitions relating solely to the mines rescue
provisions of the Coal Legislation Amendment Bill.
Accredited Corporation: Means a company approved by the
Minister that meets the requirements provided in clause 103J (3)
of the Bill.
Mine: Uses the definition provided in the Coal Mining Act 1925
with the exception that it does not include a mine that has been
abandoned or a mine where people are not employed.
Mines Rescue Services: Means the following:
(i) helping each underground mine owner provide a mines
rescue capability;
(ii) providing mines rescue training; and
(iii) providing staff and equipment to meet (I) and (ii) and the
mandatory performance criteria.
Owner: Uses the definition provided in the Coal Mining Act
1925 with the exception that it does not include an owner of a
mine that has been abandoned or an owner of a mine where
people are not employed.
Party: Means a person who is either a party to a mines rescue
agreement or a member of a mines rescue corporation.
Performance Criteria: Means the mandatory criteria for the
provision of mines rescue services for underground mines fixed
by the Minister and notified in the Government Gazette.
Clause 103C--Meaning of `mines rescue capability'
Means the ability to provide sufficient trained persons and maintained
equipment which will allow an ongoing rescue operation to be undertaken
in an irrespirable atmosphere (the worst possible condition).
Clause 103D--Meaning of "mines rescue agreement"
Provides that a mines rescue agreement is either:
(a) a written arrangement between the mine owner and a mines
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Coal Legislation Amendment
rescue company and, if the mine owner is an underground mine
owner, it must include a requirement that the mines rescue
company assist the owner provide a mines rescue capability; or
(b) an owner being a member of a company limited by guarantee.
Division 2--Obligations of Mine Owners and Users
Subdivision 1--Obligation of all mine owners
Clause 303E--Owner must be a party to a mines rescue agreement
Provides that all coal mine owners must have a mines rescue agreement
Clause 103F--Owner must contribute
Clause 103F (1)(a) provides that the mines rescue corporation may levy
owners who are members of the corporation, for the provision of mines
rescue services.
Clause 103F (1)(b) provides that difference contributions may be levied
on owners.
Clause 103F (2) provides that a member of a mines rescue corporation,
in addition to the compulsory level under subclause 103F (1), is still
required to meet any other obligation to pay an amount to the corporation.
Subdivision 2--Provision of a mines rescue capability
Clause 103G--Obligation to provide mines rescue capability
Clauses 103G (1) and (2) provide that the owner of an underground
mine is required to provide a mines rescue capability for the mine, and this
requirement is in addition to any other requirement the owner has under
statutory provisions. It also provides for a maximum penalty of 1,000 units
if the owner does not provide a mines rescue capability.
Clause 103G (3) provides that the owner may discharge his obligation to
provide a mines rescue capability by:
· having a mines rescue agreement;
· paying contributions to the mines rescue company that is
providing mines rescue services for the owner's mine, by the
time fixed by the mines rescue company;
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Coal Legislation Amendment
· complying with any requirement about mines rescue capability
imposed on the owner by a regulation or rule under the Coal
Mining Act 1925; and
· ensuring the mine manager complies with any subordinate
legislation relating to the provision of a mines rescue capability.
Subdivision 3--Obligation of mine users
Clause 103H--Mine not to be operated if s 103E contravened
Provides that a mine cannot be used unless the owner has a mines rescue
agreement. Penalty for default is 50 units.
Division 3--Accredited corporations
Subdivision 1--Accreditation
Clause 103I--Accreditation
Clause 103I (1) provides that a company may apply to the Minister to be
a provider of mines rescue services.
Clause 103I (2) provides that the Minister may grant or refuse the
application.
Clause 103I (3) provides that prior to the Minister granting the
application, he must be satisfied that the corporation is able to:
· provide mines rescue services for every underground mine in the
State; and
· meet the mandatory performance criteria.
It also provides that the Minister (or his delegated officer) must be able to
audit the corporation's compliance with the mines rescue service
requirements and the mandatory performance criteria.
Most importantly, clause 103I (3) (c) provides that the Minister must be
satisfied that in the event of the failure by the corporation to provide mines
rescue services or comply with the performance criteria, the corporation has
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Coal Legislation Amendment
made provision for the Minister to remedy the failure.
Further, clause 103I (3) (c) recognises that as it is unlikely there will be a
second mines rescue provider, and given the specialised nature of mines
rescue equipment and personnel, the Minister needs to be able to take
control of the corporation's mines rescue services and levy the
corporation's members when there is a default by the corporation. This is
intended as an urgent temporary arrangement until the company is in a
position to assume its responsibilities for the provision of mines rescue
services or a second provider is available.
Clause 103J--Accreditation conditions
Provides that the Minister may impose conditions on the grant of an
application for a corporation to provide mines rescue services. It also
provides that one of the conditions could relate to the provision of a security
for the provision of mines rescue services and compliance with the
performance criteria, and enforcement of the security. It also provides that
another condition could relate to the corporation meeting the reasonable
costs of the Minister in rectifying any default by the corporation.
Clause 103K--Refusal to accredit
Provides that if the Minister refuses to accredit a corporation, the
Minister must give the applicant within 14 days a written notice providing
the reasons for the decision, that the applicant may apply within 28 days for
a review of the decision, and the review process.
Clause 103L--Amending, suspending or cancelling accreditations--
grounds
Provides the reasons for amending, suspending or cancelling the
accreditation of an accredited corporation. Those reasons are:
· the accreditation was obtained because of incorrect or misleading
information;
· the corporation has not provided a mines rescue service;
· the corporation can not provide mines rescue services for every
underground mine;
· the corporation has contravened the performance criteria or a
condition of the accreditation;
· the corporation has not reported to the Minister on its compliance
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with the performance criteria; and
· the corporation has committed an offence against this Act.
Clause 103M--Amending, suspending or cancelling accreditations--
procedure
Provides that if the Minister considers that there is sufficient evidence to
amend, suspend or cancel an accreditation, he must provide to the
corporation a written notice stating the following:
· the proposed action;
· the ground for the proposed action;
· an outline of the facts and circumstances forming the basis for the
ground;
· if the proposed action is to amend the accreditation (including a
condition of the accreditation)--the proposed amendment;
· if the proposed action is to suspend the accreditation--the
proposed suspension period; and
· that the corporation may show (within a stated time of at least 28
days) why the proposed action should not be taken.
It also provides for the subsequent amendment, suspension or
cancellation of the approval, and for the process for the corporation to
review (including a stay of the decision).
It further provides for amendments for administrative reasons, including
clerical errors and request by the corporation for changes to conditions of
grant to which the Minister is in agreement.
Subdivision 2--Functions and performance
Clause 103N--Functions
Provides the following as mines rescue services functions:
· the provision of assistance to underground mine owners to meet
their mines rescue capability;
· the provision of mines rescue training;
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Coal Legislation Amendment
· the provision of staff and equipment for the corporation to
provide mines rescue training and assistance, and to meet the
mandatory performance criteria;
· the compliance with the mandatory performance criteria; and
· the reporting by the corporation on its compliance to the Minister.
Clause 103O--Performance criteria
Provides that the Minister must determine and publish in the Gazette the
mandatory performance criteria. The criteria, which is to be complied with
by the mines rescue corporation, must include the following:
· the provision of mines rescue training programs;
· the provision of equipment to perform its obligations with
underground mine owners;
· that equipment to be used in an emergency (ie mines rescue
equipment) is maintained;
· that audits or other exercises that show the corporation's ability to
respond to an emergency be performed; and
· the provision of coordinating mutual assistance procedures
between mine owners.
Clause 103P--Reporting to the Minister
Provides that an accredited corporation must submit to the Minister,
within one month after the end of the financial year, a written report
regarding its compliance with performance criteria.
It also provides that the Minister may request additional reports, and for
offence provisions if the corporation does not provide the report or provides
false information. Penalty provisions of 100 units for not reporting, 500
units for providing false information.
Subdivision 3--Miscellaneous
Clause 103Q--Accredited corporation must keep records
Provides that the corporation must keep membership records and
provide certificates of membership, including financial position, when
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Coal Legislation Amendment
requested by members.
PART 4B--APPEALS
Clause 103R--Appeals against Minister's decisions
Provides those decisions of the Minister that the applicant corporation or
the approved corporation may appeal against.
Clause 103S--How to start appeal
Provides a process for commencing an appeal, and that the Wardens
Court is the jurisdiction to determine the appeal.
Clause 103T--Stay of operation of decisions
Provides that the Wardens Court may stay a decision appealed against to
ensure the effectiveness of the appeal, and provides that the Court may
impose conditions.
Clause 103U--Hearing procedures
Provides that the practices and procedures for an appeal to a Wardens
Court are governed by those contained in the Mineral Resources Act 1989,
section 364.
Clause 103V--Powers of court on appeal
Provides the decisions that can be made by a Wardens Court in relation
to the appeal. Those decisions are:
· to confirm the decision appeals against; or
· to set aside the decision and substitute another decision; or
· to set aside the decision and return the matter to the Minister with
directions that the Court considers appropriate.
It also provides that the Wardens Court can make an order for costs.
Clause 103W--Appeal to District Court on questions of law only
Provides an appeal from a Wardens Court can only be made to a District
Court on a question of law, and that the District Court can make an order
for costs.
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Coal Legislation Amendment
SECTION 8--INSERTION OF NEW SS 109A AND 109B
Clause 109A--Delegation by Minister or chief executive
Provides that after section 109 of the Coal Mining Act 1925 a new
section 109A be inserted. Clause 109A (1) provides that the Minister or the
Director-General of the Department can delegate their powers under the
Coal Mining Act 1925 to a public service employee having the
qualifications, experience or standing appropriate to exercise the delegated
power.
Clause 109A (2) provides that, if the Minister assumes control of the
mines rescue services provided by an accredited corporation following on
default by the corporation, he may delegate responsibility to a person
appropriate qualified to provide mines rescue services. That delegated
person need not be a public service employee.
Clause 109B--Notices about coal industry statistics or information
Provides that when requested a person is required to provide statistical
information on the coal industry. Examples of information that can be
requested include the following:
· the keeping and production of records of coal production,
disposal, sales and employment numbers;
· the compilation and giving of statistics, returns and other
information (including about attendance and absenteeism for
work at coal mines); and
· the records, statistics, returns and other information to be in a
format acceptable to DME.
It also provides for a penalty of 10 units if a person contravenes the order
without reasonable excuse.
SECTION 9--INSERTION OF NEW S 116
Clause 116--Regulation-making power
Provides for new section 116 to be inserted, whilst clause 116 (1) will
allow the Governor in Council to make regulations under the Coal Mining
Act 1925.
Clause 116 (2) provides that a regulation may be made in relation to the
health, including health assessments, of persons employed or to be
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employed at coal mines.
SECTION 10--INSERTION OF NEW PART 6
PART 6--TRANSITIONAL PROVISIONS FOR COAL
LEGISLATION AMENDMENT ACT 1997
Division 1--Transitional provisions for repeal of Coal Industry
(Control) Act 1948
Clause 117--Definitions for div 1
Provides the following definitions for exclusive use in the transitional
provisions relating to the repeal of the Coal Industry (Control) Act 1948,
and abolition of the QCB.
Commencement: means the date on which the transitional
provisions commence.
Former Act: means the Coal Industry (Control) Act 1948.
Former Entity: means the QCB.
Trust Fund: means a trust fund established by the Treasurer
under section 11 the Financial Administration and Audit Act
1977.
Clause 118--Dissolution of former entity
Provides for the abolition of the QCB and the cancellation of the
unexpired terms of the members of the Board on the repeal of the Coal
Industry (Control) Act 1948.
Clause 119--Transfer of assets and liabilities to the State
Provides that all assets and liabilities of the QCB, on repeal of the Coal
Industry (Control) Act 1948, will transfer to the State (DME).
Clause 120--Transfer of Coal Industry Welfare Fund
Provides for the funds of the Coal Industry Welfare Fund managed by
the QCB to be transferred to a Trust Fund under the Financial
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Administration and Audit Act 1977. The monies in the Trust Fund are then
to be used for the welfare of mine workers, their dependants and mining
communities.
Clause 121--Transfer of Coal Industry Fund
The Coal Industry Fund is the main operating fund of the QCB. This
clause provides that the funds in the Coal Industry Fund be transferred to a
Trust Fund under the Financial Administration and Audit Act 1977. The
monies in the Trust Fund are then to be used for the benefit of the mining
industry.
Clause 122--Coal Industry Employees' Severance Pay Fund
Provides for the finalisation of the Severance Pay Fund as at 31
December 1997 in the following way:
· eligible companies will be reimbursed the retrenchment
entitlements of staff covered by the Severance Agreement and in
their employ on 31 December 1997. (Eligible companies are
companies who have a current Severance Agreement with the
QCB and have employees covered by the Agreement in their
employ);
· the amount to be paid is to be based on Award arrangements at
the rate of three weeks payment for each completed year of
service, and a pro-rata payment for an incomplete year of service
based on completed months of service (eg, if an employee had
two years and six months completed service, the eligible
company would be refunded 21/2 x 3 = 71/2 weeks); and
· notwithstanding the above formula, an employee in his or her
first year of employment, the equivalent of two weeks' wages
will be paid to the eligible company. (This is an Award
provision).
After the above payments have been made, clause 122 (6) provides the
following:
· the Coal Industry Employees Severance Pay fund is closed;
· any surplus remaining in the Severance Pay Fund must be paid to
the Trust Fund, whose funds are to be used for the benefit of the
mining industry; and
· each Severance Agreement is terminated, and all rights and
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obligations under those agreements is finalised.
Contributing companies to the Coal Industry Employees Severance Pay
Fund have agreed to the above arrangements.
Clause 123--Transfer of staff to the department
Provides for the five full-time and one part-time officers in the employ of
the QCB to be employees of DME with the repeal of the Coal Industry
(Control) Act 1948.
Clause 124--Employees' rights and entitlements
Provides that employees transferred from the QCB retain all rights and
entitlements accrued as employees of the State. Those entitlements include
unused sick leave, long service leave and recreation leave, and
superannuation and salary.
Clause 125--Coal Industry Employees' Health Scheme
Provides that the Coal Industry Employees' Health Scheme Order 1993
made by the QCB becomes a regulation under the Coal Mining Act 1925. It
also provides that the Director-General of the Department (in lieu of the
QCB) is the administrator of the Order.
Clause 126--Coal industry statistics
Provides that the Statistical Order made by the QCB continues in force
with the Director-General (in lieu of the QCB) as the administrator of the
Order.
Clause 127--Expiry of div 1
Provides that the transitional provisions relating to the Coal Industry
(Control) Act 1948 to be included in the Coal Mining Act 1925 will expire
on 31 December 1999.
Division 2--Transitional provisions for part 4A
Clause 128--Definitions for div 2
Provides the following definitions for exclusive use in the transitional
provisions relating to the transfer of mines rescue functions from
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Government to industry:
Changeover day: means the commencement date for the
management and funding of mines rescue by industry;
Former entities: means any current Committee of Management
or Mines Rescue Brigade established under the Coal Mining Act
1925; and
Section 76: refers to that section of the Coal Industry (Control)
Act 1925 which provides for mines rescue services. This section
is to be repealed.
Clause 129--Former entities
Provides for the abolition of the Mines Rescue Brigades and the
Committees of Management, and the cancellation of the unexpired terms of
members of the committees.
Clause 130--Vesting of assets in first accredited corporation
Provides for the transfer of assets used by the QMRB to the company to
be managed and funded by industry. Assets include specialised rescue
equipment, vehicles, buildings and land.
Clause 131--Duty to register vested assets
Provides that if requested by the industry company, the Registrar of
Titles must register the land being transferred under clause 130.
Clause 132--Liabilities of former entities
Clause 132 (1) provides that all liabilities of Mines Rescue Brigades or
the Committees of Management on the changeover date remain liabilities of
the State.
Clause 132 (2) provides that the State can discharge its responsibility
relating to employees' entitlements under clause 132 (1) by paying the
amount of the entitlements to the industry company. Employees
entitlements do not include long service leave and superannuation, as these
are underwritten by industry funds.
Clause 133--Proceedings
Provides that any legal action against the Committees of Management or
the Mines Rescue Brigades that has not been finalised can be continued
against the State. It also provides that if action could have been taken against
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the Committee or the Brigades, then action can still be taken against the
State, notwithstanding that the Committees and Brigades have been
abolished.
Clause 134--Employees
Clause 134 (1) provides that the former employees of the QMRB
become employees of the mines rescue company managed and funded by
industry.
Clause 134 (2) provides that an employee of the QMRB has the right
against the industry mines rescue company to all existing and accruing
rights of employment with the QMRB up to the changeover date. (NB: as
previously discussed in clause 134 (2) the State will discharge its liability in
relation to employees entitlements by paying those entitlements to the
industry corporation.)
Clause 134 (3) provides that after the changeover date employees rights
are subject to the Workplace Relation Act 1997 or any other relevant law.
Clause 134 (4) provides that a person's period of employment with the
QMRB is taken as an equivalent period of employment with the mines
rescue company for any employment law (the Workplace Relation Act 1997
or any other relevant law).
Clause 135--Expiry of div 2 and sch 2
Provides that the transitional provisions relating to mines rescue
contained in Division 2--4A and Schedule 2 (listing of lands to be
transferred to the mines rescue company) will expire one year after the
changeover date.
SECTION 11--INSERTION OF NEW SCH 1, S 1A
Provides for the insertion in Schedule 1--Part 1--Subject Matter for
Rules of the Coal Mining Act 1925 by giving power to make subordinate
legislation (Special Rules) about the provision of a mines rescue capability
or mines rescue services.
SECTION 12--INSERTION OF SCH 2
Provides for the insertion of a new Schedule 2 in the Coal Mining Act
1925. This Schedule lists that land which is currently used by the QMRB
and which is to be transferred from the State to the mines rescue
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Coal Legislation Amendment
corporation.
PART 3--AMENDMENT OF THE COAL AND OIL
SHALE MINE WORKERS' SUPERANNUATION ACT
1989
SECTION 13--ACT AMENDED IN PT 3
Provides that part 3 of the Bill and the Schedule will both amend the
Coal and Oil Shale Mine Workers' Superannuation Act 1989.
SECTION 14, 15, 16 AND 18
These sections of the Bill delete sections 2 and 3, 5 to 12, 15, 17 and 19
of the Coal and Oil Shale Mine Workers' Superannuation Act 1989. These
sections of the Bill remove obsolete transitional provisions or provisions
covered by Commonwealth superannuation legislation.
PART 4--REPEALS AND SAVINGS
SECTION 19--REPEALS
This section of the Bill repeals the Coal Industry (Control) Act 1948 and
the Coal and Oil Shale Mine Workers (Pensions) Act 1941. With the repeal
of those Acts the regulations under the Acts are also repealed.
SECTION 20--APPLICATION OF ACTS INTERPRETATION
ACT 1954, S 20A
Provides that notwithstanding the repeal of the Coal and Oil Shale Mines
Workers (Pensions) Act 1941, section 20A of the Acts Interpretation Act
1954 allows continuation of savings, transitional or validation effects etc
that may apply now or in the future.
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Coal Legislation Amendment
MINOR AMENDMENTS
The schedule details a number of minor amendments to the Coal Mining
Act 1925 and to the Coal and Oil Shale Mine Workers' Superannuation Act
1989.
© The State of Queensland 1997