Publications / Work Health and Safety

22 Aug 12
Mining safety laws - harmonisation update

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In our article dated 25 June 2012 (click here) the McCullough Robertson team flagged the release of a public consultation paper outlining three options for the governance of WHS within Queensland’s coal mining and metalliferous sectors and the Queensland Government’s preference to retain the current mine safety legislation largely in its existing form.

The McCullough Robertson team, like many of you, submitted comments on the consultation paper. 

We have now received confirmation of the next steps in the process, being:

  • consideration will be given to the comments received and proposals for amendments to the Coal Mining Safety and Health Act 1999 (Qld) and the Mining and Quarrying Safety and Health Act 1999 (Qld) and the associated regulations
  • following this, assuming that approval is granted to draft amendments to the legislation, there will be a period of consultation. In this regard:
    • the respective industry committees (being the Coal Mining Safety and Health Advisory Committee and the Mining Safety and Health Advisory Committee) will be given the opportunity to review the draft legislation and provide comments to the Government, and
    • other stakeholders and the public will be given an opportunity to provide comments on the proposed legislation through the regulatory impact process. It is anticipated that the regulatory impact statement will be released before the end of 2012.

No news about petroleum and gas

There is still no indication about what is intended for WHS laws in Queensland’s petroleum and gas industry, currently governed by the Petroleum and Gas (Production and Safety) Act 2004 (Qld). As such, this sector remains in limbo as to what may be intended for harmonisation of its legislative scheme.

What McCullough Robertson are doing

McCullough Robertson’s Workplace Health and Safety team will be monitoring the progress or the review and any proposals for amendments to the legislation. We will be keeping you informed of any developments and the steps you can take to have your say.

Should you have a particular interest in participating in this process or like more information on the submissions made to date, please let us know.


Focus covers legal and technical issues in a general way. It is not designed to express opinions on specific cases. Focus is intended for information purposes only and should not be regarded as legal advice. Further advice should be obtained before taking action on any issue dealt with in this publication.

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