An Act to amend the Coal Mining Safety and Health Act 1999, the Coexistence Queensland Act 2013, the Land Access Ombudsman Act 2017, the Mineral and Energy Resources and Other Legislation Amendment Act 2024, the Mineral Resources Act 1989, the Mining and Quarrying Safety and Health Act 1999 and the Resources Safety and Health Queensland Act 2020 for particular purposesThe Parliament of Queensland enacts—Part 1Preliminary1Short titleThis Act may be cited as the Resources Safety and Health Queensland and Other Legislation Amendment Act 2026.2Commencement(1)Parts 3 and 4 commence on 1 July 2026.(2)Part 5 commences on the date of assent.(3)The remaining provisions of this Act commence on a day to be fixed by proclamation.Part 2Amendment of Coal Mining Safety and Health Act 19993Act amendedThis part amends the Coal Mining Safety and Health Act 1999.4Amendment of s 76 (Primary function of committee)Section 76(1)—omit, insert—(1)The primary function of the committee is to give advice and make recommendations about promoting and protecting the safety and health of persons at coal mines and persons who may be affected by coal mining operations to either or both of the following—

(a)the Minister;

(b)the RSHQ board.

5Amendment of s 76A (Other functions of committee)Section 76A(h)—omit, insert—

(h)periodically reviewing the effectiveness of this Act, the regulations made under this Act, and the recognised standards.

6Amendment of s 77 (Annual report)Section 77(1), ‘commissioner, as chairperson of the committee,’—omit, insert—chairperson of the committee7Amendment of s 78 (Membership of committee)Section 78(2)—omit, insert—(2)The Minister must appoint a member of the RSHQ board, other than the chairperson of the RSHQ board, to be chairperson of the committee.(3)In appointing the chairperson of the committee, the Minister must consider any advice about the appointment given to the Minister by the chairperson of the RSHQ board.8Amendment of s 250 (Proof of appointments and authority unnecessary)(1)Section 250(1)(a), ‘the commissioner’—omit, insert—a member of the RSHQ board(2)Section 250(1)(b), ‘commissioner’—omit, insert—RSHQ board9Amendment of s 251 (Proof of signatures unnecessary)Section 251, ‘commissioner’—omit, insert—RSHQ board10Amendment of s 252 (Evidentiary aids)Section 252(5), definition certificate, ‘commissioner’—omit, insert—RSHQ board11Insertion of new pt 20, div 13Part 20—insert—Division 13Transitional provisions for Resources Safety and Health Queensland and Other Legislation Amendment Act 2026342Definitions for divisionIn this division—former chairperson means the person who, immediately before the commencement, was the commissioner under the Resources Safety and Health Queensland Act 2020, section 48(1) as in force before the commencement.new section 78 means section 78 of this Act as in force from the commencement.new chairperson means—

(a)the chairperson of the committee appointed under new section 78; or

(b)if, on the commencement, no chairperson has been appointed under new section 78—the inspector nominated under section 343(1).

343Chairperson of committee (1)On the commencement, if the Minister has not appointed a chairperson of the committee under new section 78, an inspector nominated by the Minister is taken to be appointed as the chairperson of the committee.(2)The appointment of the inspector under subsection (1) ends when the Minister appoints a chairperson under new section 78.344Continuation of acts and mattersAnything done, or started but not completed, under this Act, by the former chairperson before the commencement is, if the context permits, taken to have been done or started, and may be completed, by the new chairperson.345Functions and powersA function performed, or power exercised, under this Act by the former chairperson before the commencement is, if the context permits, taken to have been performed, or exercised, by the new chairperson.346References to former chairpersonIn a document, a reference to the former chairperson may, if the context permits and to the extent the reference relates to the former chairperson’s functions as chairperson of the committee, be taken to be a reference to the new chairperson.12Amendment of sch 3 (Dictionary)(1)Schedule 3, definition commissioner—omit.(2)Schedule 3—insert—RSHQ board means the board under the Resources Safety and Health Queensland Act 2020.(3)Schedule 3, definition official, paragraph (d)—omit, insert—

(d)a member of the RSHQ board; or

Part 3Amendment of Coexistence Queensland Act 201313Act amendedThis part amends the Coexistence Queensland Act 2013.14Amendment of s 9 (Membership of Coexistence Queensland)Section 9—insert—Note—The members of Coexistence Queensland are also members of the advisory council established under the Land Access Ombudsman Act 2017—see section 31C of that Act.15Amendment of s 30 (Employment of chief executive officer)Section 30(1)—insert—Note—The chief executive officer is also the land access ombudsman under the Land Access Ombudsman Act 2017—see section 9(2) of that Act.16Amendment of s 36 (Delegation)(1)Section 36—insert—(1A)However, the chairperson may not delegate to the chief executive officer the chairperson’s function under section 23(1) or 24(1) in relation to a written notice to be given to the office of the land access ombudsman or the land access ombudsman.(2)Section 36(4)—insert—land access ombudsman see the Land Access Ombudsman Act 2017, schedule 1.office of the land access ombudsman see the Land Access Ombudsman Act 2017, schedule 1.(3)Section 36(1A) to (4)—renumber as section 36(2) to (5).Part 4Amendment of Land Access Ombudsman Act 201717Act amendedThis part amends the Land Access Ombudsman Act 2017.18Amendment of s 4 (How purpose is achieved)Section 4(a), ‘the appointment of’—omit.19Replacement of pt 2, div 1, sdiv 1 and pt 2, div 1, sdiv 2, hdgPart 2, division 1, subdivision 1 and part 2, division 1, subdivision 2, heading—omit, insert—9Land access ombudsman(1)There is to be a land access ombudsman.(2)The land access ombudsman is the chief executive officer of Coexistence Queensland.Note—See the Coexistence Queensland Act 2013, section 30(1) for the employment of the chief executive officer of Coexistence Queensland.10Conditions of office(1)The land access ombudsman is to be paid the remuneration and allowances decided by the Minister.(2)The land access ombudsman holds office on the terms and conditions, not provided for by this Act, that are decided by the Minister.(3)The remuneration and allowances mentioned in subsection (1) are in addition to the person’s remuneration and allowances as chief executive officer of Coexistence Queensland. (4)Subsection (2) is not affected by the terms and conditions of the person’s employment as chief executive officer of Coexistence Queensland, other than to the extent provided for in sections 11 and 12.11Removal from officeIf the chief executive officer of Coexistence Queensland is removed from office under the Coexistence Queensland Act 2013, section 30(3), the person stops holding office as land access ombudsman under this Act.12Acting land access ombudsman(1)This section applies if a person is appointed to act in the office of the chief executive officer of Coexistence Queensland under the Coexistence Queensland Act 2013, section 30(4). (2)While the appointment is in effect, the person is taken to also be acting as the land access ombudsman under this Act. 20Amendment of s 16 (Functions)Section 16—insert—(2)In this Act, a reference to a function of the land access ombudsman applies only to the extent the function is conferred on the ombudsman in the person’s capacity as land access ombudsman.Note—See section 9(2) in relation to who is the land access ombudsman.21Omission of pt 2, div 1, sdiv 3 (Miscellaneous)Part 2, division 1, subdivision 3—omit.22Amendment of s 31 (Alternative staffing arrangements)(1)Section 31, before subsection (1)—insert—(1AA)The chief executive officer of Coexistence Queensland may make available to the land access ombudsman the services of other staff, or the facilities, of Coexistence Queensland.(2)Section 31(1), after ‘government entity’—insert—other than Coexistence Queensland(3)Section 31(2), ‘whose services are made available under subsection (1)’—omit, insert—of a government entity whose services are made available under subsection (1) or (2)(4)Section 31(1AA) to (2)—renumber as section 31(1) to (3).23Insertion of new pt 2AAfter section 31—insert—Part 2AAdvisory Council31AEstablishmentAn advisory council is established.31BFunctions(1)The advisory council’s functions are to—

(a)monitor the land access ombudsman’s independence; and

(b)advise the land access ombudsman on the following—

(i)policy and procedural issues relating to this Act;

(ii)the operation of this Act for—

(A)holders of resource authorities; and

(B)owners or occupiers of private land;

(iii)the preparation of annual budgets under section 25A;

(iv)the development of procedural guidelines under section 65; and

(c)advise the Minister on the funding of the land access ombudsman’s functions; and

(d)as soon as practicable after the end of each financial year, prepare and provide the Minister with advice about—

(i)matters arising in relation to the land access ombudsman’s independence during the financial year; and

(ii)matters arising in relation to a matter mentioned in paragraph (b) during the financial year.

(2)In this Act, a reference to a function of the advisory council applies only to the extent the function is conferred on the council in its capacity as the advisory council.Note—See section 31C in relation to who comprises the advisory council.31CMembers(1)The advisory council consists of—

(a)a full-time or part-time member, who is the chairperson; and

(b)up to 6 part-time members.

(2)The chairperson of the advisory council is the chairperson of Coexistence Queensland.(3)The other members of the advisory council are the other members of Coexistence Queensland.Note—See the Coexistence Queensland Act 2013, section 9 for the appointment of the chairperson, and other members, of Coexistence Queensland.31DConditions of office(1)Each member of the advisory council is to be paid the remuneration and allowances decided by the Minister.(2)Each member holds office on the terms and conditions, not provided for by this Act, that are decided by the Minister.(3)The remuneration and allowances mentioned in subsection (1) are in addition to the person’s remuneration and allowances as the chairperson, or another member, of Coexistence Queensland. (4)Subsection (2) is not affected by the terms and conditions of the person’s appointment as the chairperson, or another member, of Coexistence Queensland, other than to the extent provided for in sections 31E to 31G.31ELeave of absence(1)This section applies to a person who is on a leave of absence from office as a member of Coexistence Queensland that has been approved by the Minister under the Coexistence Queensland Act 2013, section 15. (2)While the approved leave of absence is in effect, the person is taken to also be on a leave of absence from office as a member of the advisory council.31FResignation or removal from office(1)This section applies if a person—

(a)resigns as a member of Coexistence Queensland under the Coexistence Queensland Act 2013, section 13; or

(b)is removed from office as a member of Coexistence Queensland under the Coexistence Queensland Act 2013, section 14.

(2)The person stops holding office as a member of the advisory council under this Act.31GActing chairperson or other member(1)This section applies if the Minister appoints a person to act as the chairperson or another member of Coexistence Queensland under the Coexistence Queensland Act 2013, section 16.(2)While the appointment is in effect, the person is taken to also be acting as—

(a)if the appointment is to act as the chairperson of Coexistence Queensland—the chairperson of the advisory council; or

(b)otherwise—another member of the advisory council.

24Amendment of s 50 (General powers of land access ombudsman after entering dispute land)Section 50(1), ‘section 16(a)’—omit, insert—section 16(1)(a)25Amendment of s 60 (Secrecy)(1)Section 60(1)(a) and (b)—omit, insert—

(a)is, or has been—

(i)the land access ombudsman; or

(ii)a member of the advisory council; or

(iii)an officer; or

(iv)a contractor of the land access ombudsman; and

(b)obtains confidential information in the course of, or because of, the performance of a function under this Act.

(2)Section 60(3)(a)—omit, insert—

(a)in the performance of a function under this Act; or

26Replacement of ss 61 and 62Sections 61 and 62—omit, insert—61Delegation(1)The land access ombudsman may delegate any of the ombudsman’s functions to an appropriately qualified officer.(2)The land access ombudsman may delegate a function of the ombudsman mentioned in section 16(1)(a) or (b) to an appropriately qualified contractor of the ombudsman.(3)However, the land access ombudsman must not delegate to a contractor mentioned in subsection (2) the giving of advice, recommendations or reasons under section 51(6)(b).(4)In this section—functions includes powers.62Protection from liability(1)None of the following persons incur civil liability for an act done, or omission made, honestly and without negligence under this Act—

(a)the land access ombudsman;

(b)a member of the advisory council;

(c)a contractor of the land access ombudsman.

(2)If subsection (1) prevents a civil liability attaching to a person, the liability attaches instead to the State.Note—For protection from civil liability for officers, see the Public Sector Act 2022, sections 268 and 269.27Insertion of new pt 7, div 3Part 7—insert—Division 3Transitional provisions for Resources Safety and Health Queensland and Other Legislation Amendment Act 202674Acting land access ombudsman(1)This section applies to the person who, immediately before the commencement, was acting as the land access ombudsman as appointed under former section 22. (2)The person’s appointment ends on the commencement. (3)No compensation is payable to the person because of subsection (2).(4)To remove any doubt, it is declared that subsection (3) does not limit or otherwise affect the person’s right to a benefit or an entitlement that had accrued or was accruing before the commencement.(5)In this section—former, in relation to a provision of this Act, means the provision as in force immediately before the commencement.75Leave of absence for member of advisory council(1)This section applies to a person if—

(a)before the commencement, the Minister had approved a leave of absence for the person under the Coexistence Queensland Act 2013, section 15; and

(b)immediately before the commencement, the approved leave of absence was still in effect.

(2)From the commencement until the time the approved leave of absence stops having effect, the person is taken to also be on a leave of absence from office as a member of the advisory council.76Acting chairperson or other member of advisory council(1)This section applies if—

(a)before the commencement, the Minister appointed a person to act as the chairperson or another member of Coexistence Queensland under the Coexistence Queensland Act 2013, section 16; and

(b)immediately before the commencement, the appointment was still in effect.

(2)From the commencement until the time the appointment stops having effect, the person is taken to also be acting as—

(a)if the appointment was to act as the chairperson of Coexistence Queensland—the chairperson of the advisory council; or

(b)otherwise—another member of the advisory council.

28Amendment of sch 1 (Dictionary)(1)Schedule 1—insert—advisory council means the advisory council established under section 31A.Coexistence Queensland means Coexistence Queensland under the Coexistence Queensland Act 2013.contractor, of the land access ombudsman, means a person, other than a member of the advisory council or an officer, who provides services for the land access ombudsman under a contract between the person and the ombudsman.(2)Schedule 1, definition land access ombudsman, ‘appointed’—omit.Part 5Amendment of Mineral and Energy Resources and Other Legislation Amendment Act 202429Act amendedThis part amends the Mineral and Energy Resources and Other Legislation Amendment Act 2024.30Amendment of s 2 (Commencement)(1)Section 2, ‘The’—insert—(1)Subject to subsection (2), the(2)Section 2—insert—(2)The provisions of this Act that are not in force commence on 1 July 2026.31Amendment of s 48 (Insertion of new pt 2, div 2, sdiv 2 and sdiv 3, hdg)(1)Section 48, inserted section 25A(1), ‘, having regard to expected cost recovery fees for the year’—omit.(2)Section 48, inserted section 25A(4) and (6), ‘the advisory council and’—omit.(3)Section 48, inserted section 25A(7)—omit.(4)Section 48, inserted section 25A(8) and (9)—renumber as inserted section 25A(7) and (8).(5)Section 48, inserted section 25B—omit.Editor’s note—Legislation ultimately amended—

•Land Access Ombudsman Act 2017

32Omission of s 50 (Insertion of new pt 2, div 3 and new pt 2A)Section 50—omit.Editor’s note—Legislation ultimately amended—

•Land Access Ombudsman Act 2017

33Amendment of s 67 (Amendment of sch 1 (Dictionary))Section 67(2), inserted schedule 1 definitions advisory council, cost recovery fee and prescribed resource authority—omit.Editor’s note—Legislation ultimately amended—

•Land Access Ombudsman Act 2017

Part 6Amendment of Mineral Resources Act 198934Act amendedThis part amends the Mineral Resources Act 1989.35Amendment of s 4B (Notice to local government and chief executive (planning) of particular mining tenements)Section 4B(3)—omit, insert—(3)An entity given a notice under subsection (2) must make a note that is connected to the spatial data relating to each planning scheme of each local government mentioned in subsection (2)(a) held by the entity.36Amendment of s 11 (Mining districts)Section 11(2)(b), ‘map’—omit, insert—spatial data37Amendment of s 93 (Renewal of mining claim)Section 93(1), from ‘, at’ to ‘more than’—omit, insert—within38Replacement of s 93A (Continuation of claim while application being dealt with)Section 93A—omit, insert—93A Continuation of mining claim while application being dealt with(1)This section applies if the term (the previous term) of a mining claim ends before an application for renewal of the mining claim is decided.(2)Despite the ending of the previous term, the mining claim continues in effect until the earlier of the following to happen—

(a)the start of any renewed term of the mining claim;

(b)a refusal of the application takes effect;

(c)the application is withdrawn;

(d)the mining claim is cancelled under this Act.

(3)If the mining claim is renewed, subsection (2) is taken never to have applied in the period starting at the end of the previous term of the claim and ending on the renewal of the claim.39Amendment of s 106 (Contravention by holder of mining claim)(1)Section 106(1)(b), from ‘thereunder’ to ‘thereof’—omit, insert—under or in respect of the mining claim(2)Section 106(1)(c), from ‘, other’ to ‘or (b)’—omit.(3)Section 106(2)—omit.(4)Section 106(3) to (5)—renumber as section 106(2) to (4).40Amendment of s 147 (Application for renewal of exploration permit)(1)Section 147(1), ‘the renewal period’—omit, insert—6 months before the current term expires (2)Section 147(5)—omit.41Replacement of s 147C (Continuation of permit while application being dealt with)Section 147C—omit, insert—147C Continuation of exploration permit while application being dealt with(1)This section applies if the term (the previous term) of an exploration permit ends before an application for renewal of the permit is decided.(2)Despite the ending of the previous term, the exploration permit continues in effect until the earlier of the following to happen—

(a)the start of any renewed term of the permit;

(b)a refusal of the application takes effect;

(c)the application is withdrawn;

(d)the permit is cancelled under this Act.

(3)If the exploration permit is renewed, subsection (2) is taken never to have applied in the period starting at the end of the previous term of the permit and ending on the renewal of the permit.42Amendment of s 160 (Contravention by holder of exploration permit)(1)Section 160(1)(b), from ‘(other’ to ‘thereof’—omit, insert—payable under or in respect of the exploration permit(2)Section 160(1)(c), from ‘, other’ to ‘or (b)’—omit.(3)Section 160(2)—omit.(4)Section 160(3) to (5)—renumber as section 160(2) to (4).43Amendment of s 197 (Application for renewal of mineral development licence)(1)Section 197(1), ‘the renewal period’—omit, insert—1 year before the current term expires (2)Section 197(3)—omit.44Replacement of s 197C (Continuation of licence while application being dealt with)Section 197C—omit, insert—197C Continuation of mineral development licence while application being dealt with(1)This section applies if the term (the previous term) of a mineral development licence ends before an application for renewal of the licence is decided.(2)Despite the ending of the previous term, the mineral development licence continues in effect until the earlier of the following to happen—

(a)the start of any renewed term of the licence;

(b)a refusal of the application takes effect;

(c)the application is withdrawn;

(d)the licence is cancelled under this Act.

(3)If the mineral development licence is renewed, subsection (2) is taken never to have applied in the period starting at the end of the previous term of the licence and ending on the renewal of the licence.45Amendment of s 209 (Contravention by holder of mineral development licence)(1)Section 209(1)(b), from ‘(other’ to ‘thereof’—omit, insert—payable under or in respect of the mineral development licence(2)Section 209(1)(c), from ‘, other’ to ‘or (b)’—omit.(3)Section 209(2)—omit.(4)Section 209(3) to (5)—renumber as section 209(2) to (4).46Amendment of s 231G (Conditions of mineral development licence (194))Section 231G(1)(h)(i), ‘maps’—omit, insert—spatial data47Amendment of s 252A (Giving and publication of mining lease notice and other information)(1)Section 252A(3)(b), ‘a map or’—omit, insert—spatial data or a (2)Section 252A(3)(b)(ii), ‘map’—omit, insert—spatial data 48Amendment of s 286 (Application for renewal of mining lease)(1)Section 286(1), ‘the renewal period’—omit, insert—1 year before the current term expires (2)Section 286(5)—omit.49Replacement of s 286C (Continuation of lease while application being dealt with)Section 286C—omit, insert—286C Continuation of mining lease while application being dealt with(1)This section applies if the term (the previous term) of a mining lease ends before an application for renewal of the mining lease is decided.(2)Despite the ending of the previous term, the mining lease continues in effect until the earlier of the following to happen—

(a)the start of any renewed term of the lease;

(b)a refusal of the application takes effect;

(c)the application is withdrawn;

(d)the lease is cancelled under this Act.

(3)If the mining lease is a prescribed mineral mining lease, the lease is taken to have a development plan—

(a)while the lease continues in effect under subsection (2); and

(b)even if the plan period for the current development plan ends.

(4)If the mining lease is renewed, subsection (2) is taken never to have applied in the period starting at the end of the previous term of the lease and ending on the renewal of the lease.50Amendment of s 308 (Contravention by holder of mining lease)(1)Section 308(1)(b), from ‘thereunder’ to ‘thereof’—omit, insert—under or in respect of the mining lease(2)Section 308(1)(c), from ‘, other’ to ‘or (b)’—omit.(3)Section 308(2)—omit.(4)Section 308(3) to (5)—renumber as section 308(2) to (4).51Amendment of s 317J (Initial development plan requirements—proposed mining lease)Section 317J(2)(d), ‘maps or other’—omit, insert—spatial data or52Amendment of s 317K (Initial development plan requirements—mining lease)Section 317K(2)(d), ‘maps or other’—omit, insert—spatial data or53Amendment of s 318AAD (Application for grant of mining lease (245))Section 318AAD(h), ‘map’—omit, insert—spatial data54Amendment of s 318DT (General requirements)Section 318DT(1)(d), ‘maps that show’—omit, insert—spatial data that shows55Amendment of s 386R (Required way for defining boundary of proposed mining tenement)Section 386R(2)(b), examples, dot point 3, ‘a map or’—omit, insert—spatial data or anPart 7Amendment of Mining and Quarrying Safety and Health Act 199956Act amendedThis part amends the Mining and Quarrying Safety and Health Act 1999.57Amendment of s 67 (Primary function of committee)Section 67(1)—omit, insert—(1)The primary function of the committee is to give advice and make recommendations about promoting and protecting the safety and health of persons at mines and persons who may be affected by mining operations to either or both of the following—

(a)the Minister;

(b)the RSHQ board.

58Amendment of s 67A (Other functions of committee)Section 67A(h)—omit, insert—

(h)periodically reviewing the effectiveness of this Act, the regulations made under this Act, and the guidelines.

59Amendment of s 68 (Annual report)Section 68(1), ‘commissioner, as chairperson of the committee,’—omit, insert—chairperson of the committee60Amendment of s 69 (Membership of committee)Section 69(2)—omit, insert—(2)The Minister must appoint a member of the RSHQ board, other than the chairperson of the RSHQ board, to be chairperson of the committee.(3)In appointing the chairperson of the committee, the Minister must consider any advice about the appointment given to the Minister by the chairperson of the RSHQ board.61Amendment of s 229 (Proof of appointments and authority unnecessary)(1)Section 229(1)(a), ‘the commissioner’—omit, insert—a member of the RSHQ board(2)Section 229(1)(b), ‘commissioner’—omit, insert—RSHQ board62Amendment of s 230 (Proof of signatures unnecessary)Section 230, ‘commissioner’—omit, insert—RSHQ board63Amendment of s 231 (Evidentiary aids)Section 231(5), definition certificate, ‘commissioner’—omit, insert—RSHQ board64Insertion of new pt 20, div 9Part 20—insert—Division 9Transitional provisions for Resources Safety and Health Queensland and Other Legislation Amendment Act 2026303Definitions for divisionIn this division—former chairperson means the person who, immediately before the commencement, was the commissioner under the Resources Safety and Health Queensland Act 2020, section 48(1) as in force before the commencement.new section 69 means section 69 of this Act as in force from the commencement.new chairperson means—

(a)the chairperson of the committee appointed under new section 69; or

(b)if, on the commencement, no chairperson has been appointed under new section 69—the inspector nominated under section 304(1).

304Chairperson of committee (1)On the commencement, if the Minister has not appointed a chairperson of the committee under new section 69, an inspector nominated by the Minister is taken to be appointed as the chairperson of the committee.(2)The appointment of the inspector under subsection (1) ends when the Minister appoints a chairperson under new section 69.305Continuation of acts and mattersAnything done, or started but not completed, under this Act, by the former chairperson before the commencement is, if the context permits, taken to have been done or started, and may be completed, by the new chairperson.306Functions and powersA function performed, or power exercised, under this Act by the former chairperson before the commencement is, if the context permits, taken to have been performed, or exercised, by the new chairperson.307References to former chairpersonIn a document, a reference to the former chairperson may, if the context permits and to the extent the reference relates to the former chairperson’s functions as chairperson of the committee, be taken to be a reference to the new chairperson.65Amendment of sch 2 (Dictionary)(1)Schedule 2, definition commissioner—omit.(2)Schedule 2—insert—RSHQ board means the board under the Resources Safety and Health Queensland Act 2020.(3)Schedule 2, definition official, paragraph (d)—omit, insert—

(d)a member of the RSHQ board; or

Part 8Amendment of Resources Safety and Health Queensland Act 202066Act amendedThis part amends the Resources Safety and Health Queensland Act 2020.67Amendment of long titleLong title, from ‘, establish’—omit, insert—, and to establish an employing office68Amendment of s 4 (Main purposes)Section 4(c)—omit.69Amendment of s 7 (Membership)Section 7—insert—

(c)the board.

70Amendment of s 14 (Appointment)(1)Section 14(1)—omit, insert—(1)There must be a chief executive officer of RSHQ (the CEO).(1A)The CEO is appointed by the Governor in Council on the recommendation of the Minister.(1B)In recommending a person for appointment to the Governor in Council, the Minister must have regard to the nomination of a suitable candidate by the board under section 27A.(2)Section 14(1A) to (3)—renumber as section 14(2) to (5).71Amendment of s 16 (Criminal history report)Section 16, after ‘Minister’—insert—or the board72Replacement of s 19 (Removal by Governor in Council)Section 19—omit, insert—19Removal by Governor in Council(1)The Governor in Council may, at any time, remove the CEO from office on the recommendation of the Minister.(2)The Minister may recommend the removal of the CEO for any reason or none.(3)This section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954, section 25.73Amendment of s 22 (Conflicts of interest)Section 22, after ‘Minister’—insert—and the board74Amendment of s 23 (Functions)Section 23(1)—omit, insert—(1)The CEO has the function of managing the organisational unit under the control of the CEO.75Insertion of new s 24AAfter section 24—insert—24A Relationship between CEO and Board(1)In performing the CEO’s functions, other than a function under another Act, the CEO must give effect to any policy or direction of the board relevant to the function.(2)However, the CEO must act independently of the board when making a decision to disclose information under section 67.(3)The CEO must—

(a)report regularly to the board on the administration of this Act; and

(b)at the request of the board, provide the board with a report on a particular subject relevant to the board’s functions.

76Insertion of new s 27AAfter section 27—insert—27ANomination of suitable candidate for CEO by board(1)The board may—

(a)seek a suitable candidate for the office of CEO; and

(b)give the Minister the name of a suitable candidate for the office.

(2)In this section—suitable candidate means an appropriately qualified person suitable for recommendation by the Minister to the Governor in Council for appointment as CEO.77Amendment of s 28 (Annual report)Section 28(1)—insert—

(e)details of—

(i)each statement of expectations given by the Minister under section 63 during the financial year to which the report relates; and

(ii)action taken by the board or RSHQ because of the statement of expectations.

78Amendment of s 30 (Employing office represents the State)Section 30(2), ‘status,’—omit.79Amendment of s 35 (Appointment)Section 35(2)—omit, insert—(2)The executive officer is appointed by the Governor in Council on the recommendation of the Minister.80Replacement of s 39 (Removal by Governor in Council)Section 39—omit, insert—39Removal by Governor in Council(1)The Governor in Council may, at any time, remove the executive officer from office on the recommendation of the Minister.(2)The Minister may recommend the removal of the executive officer for any reason or none.(3)This section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954, section 25.81Replacement of pt 4 (Commissioner for Resources Safety and Health)Part 4—omit, insert—Part 4Resources Safety and Health Queensland BoardDivision 1Establishment48EstablishmentThe Resources Safety and Health Queensland Board (the board) is established.Division 2Functions and powers49Functions(1)The board has the following functions—

(a)deciding the strategies and the operational, administrative and financial policies to be followed by RSHQ;

(b)ensuring RSHQ performs its functions and exercises its powers in a proper, effective and efficient way;

(c)providing guidance and leadership to each of the following—

(i)the CEO;

(ii)the coal mining safety and health advisory committee;

(iii)the mining safety and health advisory committee;

(iv)any committee established by the board under section 61;

(d)nominating a suitable candidate for the office of CEO under section 27A;

(e)managing the performance, including, for example, by setting performance expectations and key performance indicators, of each of the following—

(i)the CEO;

(ii)a committee mentioned in paragraph (c);

(f)advising the Minister on matters relating to safety and health in the resources sector;

(g)responding to requests by the Minister for advice on particular matters, including, for example, the strategic direction of RSHQ;

(h)giving advice to the Minister about filling vacancies for the following roles—

(i)chairperson of the coal mining safety and health advisory committee;

(ii)chairperson of the mining safety and health advisory committee;

(i)requesting advice on particular matters from the committees mentioned in paragraph (c);

(j)ensuring any information received from the committees mentioned in paragraph (c) is considered in the performance of RSHQ’s functions;

(k)ensuring RSHQ and the committees mentioned in paragraph (c) have appropriate and effective arrangements for sharing information relevant to their functions;

(l)engaging with representatives of the resources industry and its workforce about matters relating to safety and health in the resources sector;

(m)monitoring, reviewing, and reporting to the Minister on the performance of the functions of each of the following—

(i)RSHQ;

(ii)the CEO;

(iii)a committee mentioned in paragraph (c).

(2)The board also has the functions given to it under this Act or another Act.50Powers(1)The board has all the powers to do anything necessary or convenient to be done in the performance of its functions.(2)Anything done in the name of, or for, RSHQ by the board, or with the authority of the board, is taken to have been done by RSHQ.Division 3Membership51Appointment(1)The board consists of not more than 5 members appointed by the Governor in Council on the recommendation of the Minister.(2)In recommending a person as a member, the Minister must ensure the board collectively has sufficient knowledge and experience of each of the following—

(a)governance, risk and assurance;

(b)regulation of safety and health in the mining, petroleum and gas, and explosives industries;

(c)stakeholder engagement with government, industry and workforce representatives;

(d)investigations and enforcement;

(e)occupational health, hygiene and psychosocial hazards;

(f)organisational effectiveness, culture and regulatory performance;

(g)financial management and strategic oversight.

(3)The members are appointed under this Act and not the Public Sector Act 2022.(4)To remove any doubt, it is declared that a member may satisfy 2 or more paragraphs of subsection (2).52Disqualification as memberA person is disqualified from becoming, or continuing as, a member if the person—

(a)has a recorded conviction, other than a spent conviction, for an indictable offence; or

(b)is an insolvent under administration; or

(c)is not able to manage a corporation because of the Corporations Act, part 2D.6; or

(d)is an employee or contractor of RSHQ or the employing office; or

(e)contravenes section 62.

53Conditions of appointment(1)A member is to be paid the remuneration and allowances decided by the Governor in Council.(2)For matters not provided for by this Act, a member holds office on the terms and conditions decided by the Governor in Council.54Term of appointment(1)A member is appointed for the term, of not more than 4 years, stated in the member’s instrument of appointment.(2)However, a person’s appointment as a member ends if, during the term of the appointment, the person becomes disqualified under section 52.55Chairperson(1)The chairperson of the board is appointed by the Governor in Council on the recommendation of the Minister.(2)In recommending a member as chairperson, the Minister must ensure the member has advanced knowledge or experience of the matters mentioned in section 51(2)(a) and (c).(3)A person may be appointed as the chairperson when the person is appointed as a member.(4)The chairperson holds office for the term, ending no later than the person’s term of appointment as a member, stated in the person’s instrument of appointment as chairperson.(5)However, a person’s appointment as chairperson ends if, during the term of the appointment, the person stops being a member.56Deputy chairperson(1)The deputy chairperson of the board is appointed by the Governor in Council on the recommendation of the Minister.(2)The deputy chairperson holds office for the term, ending no later than the person’s term of appointment as a member, stated in the person’s instrument of appointment as deputy chairperson.(3)However, a person’s appointment as deputy chairperson ends if, during the term of the appointment, the person stops being a member.(4)The deputy chairperson must act as chairperson—

(a)during a vacancy in the office of chairperson; and

(b)during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.

(5)A person may be appointed as the deputy chairperson when the person is appointed as a member.57Resignation(1)A member may resign by signed notice given to the Minister.(2)Also, a member may resign the office of chairperson or deputy chairperson by signed notice given to the Minister.(3)The resignation takes effect—

(a)on the day the notice is given; or

(b)if a later day is stated in the notice—on the later day.

(4)A person resigning from the office of chairperson or deputy chairperson may continue to be a member.58Vacancy in office(1)The office of a member becomes vacant if the member—

(a)completes a term of office and is not reappointed; or

(b)is disqualified from office under section 52: or

(c)resigns from office under section 57; or

(d)is removed from office by the Governor in Council under subsection (2).

(2)The Governor in Council may, at any time, remove the member from office on the recommendation of the Minister.(3)The Minister may recommend the removal of the member for any reason or none.(4)This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 25.Division 4Business59Conduct of businessSubject to this division and any requirement prescribed by regulation, the board may conduct its business, including its meetings, in the way it considers appropriate.60Meetings(1)The board may hold its meetings when it decides.(2)However, the board must meet at least 4 times a year.(3)The chairperson of the board—

(a)may call a board meeting at any time; and

(b)must call a board meeting if asked by at least 2 of the other members.

(4)The chairperson of the board presides at all board meetings at which the chairperson is present.(5)If the chairperson is absent, the deputy chairperson presides.(6)If both the chairperson and deputy chairperson are absent, the member chosen by the members present at the board meeting presides.(7)At a board meeting—

(a)the number of members that is half the number appointed at the time of the meeting constitutes a quorum; and

(b)a question is to be decided by a majority of votes of the members present and voting at the meeting; and

(c)each member present has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting has a casting vote.

(8)For subsection (7)(a), if the number of members that is half the number appointed at the time of the meeting is not a whole number, the number must be rounded up to the nearest whole number.(9)The board must keep minutes of its meetings.61Committees(1)The board may establish 1 or more committees to advise and make recommendations to the board on particular subjects, including, for example, the following—

(a)finance and audit;

(b)risk management;

(c)regulatory practice;

(d)people and culture;

(e)stakeholder engagement.

(2)A committee established under subsection (1) consists of the persons, including, for example, members of the board, chosen by the board.(3)The board may choose a member of the committee to be chairperson of the committee.(4)The document establishing a committee must include information about—

(a)the committee’s terms of reference; and

(b)the procedures, if any, with which the committee is required to comply; and

(c)the composition of the committee’s membership.

(5)The board may amend the document mentioned in subsection (4) at any time.(6)RSHQ must publish a copy of the document mentioned in subsection (4), and any amendments under subsection (5), on a Queensland Government website.62Disclosure of interests(1)This section applies to a member if—

(a)the member has an interest in an issue being considered, or about to be considered, by the board; and

(b)the interest conflicts or may conflict with the proper performance of the member’s duties about the consideration of the issue.

(2)After the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a board meeting.(3)Unless the board otherwise directs, the member must not—

(a)be present when the board considers the issue; or

(b)take part in a decision of the board about the issue.

(4)The member must not be present when the board is considering whether to give the direction.(5)If there is another person who must, under subsection (2), also disclose an interest in the issue, the other person must not—

(a)be present when the board is considering whether to give the direction; or

(b)take part in making the decision about giving the direction.

(6)Subsections (7) and (8) apply if—

(a)because of this section, a member is not present at a board meeting for considering or deciding the issue, or for considering or deciding whether to give the direction; and

(b)there would be a quorum if the member were present.

(7)The remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.(8)If there are no members who may remain present for considering or deciding the issue, the Minister may consider and decide the issue.(9)The disclosure must be recorded in the minutes of the board meeting.Division 5Role of Minister63Statement of expectations(1)The Minister may give the board a written statement (a statement of expectations) about the Minister’s expectations for the performance of the board’s functions.(2)Without limiting subsection (1), the statement of expectations may—

(a)state a particular period for which the statement applies; and

(b)provide for the nature and scope of the board’s activities for a particular period.

(3)The board must have regard to the statement of expectations in performing the board’s functions.(4)RSHQ must publish a copy of the statement of expectations, and any amendments to the statement, on a Queensland Government website.82Insertion of new pt 7After part 6—insert—Part 7Transitional provisions for Resources Safety and Health Queensland and Other Legislation Amendment Act 202672Definitions for partIn this part—former commissioner see section 74(1).73CEO appointed before commencement(1)This section applies to a person who, immediately before the commencement, held an appointment under former section 14 as CEO.(2)The person continues to be CEO under new section 14 on the same terms of appointment that applied to the person immediately before the commencement.(3)However, new section 19 applies to the person despite any contract or other document or another law.(4)No compensation is payable to the person because of subsection (3).(5)To remove any doubt, it is declared that subsections (3) and (4) do not limit or otherwise affect the person’s right to a benefit or entitlement that had accrued under the person’s instrument of appointment before the removal.(6)In this section—former, in relation to a provision of this Act, means the provision as in force from time to time before the commencement.new, in relation to a provision of this Act, means the provision as in force from the commencement.74Office of commissioner abolished(1)On commencement, the office of Commissioner for Resources Safety and Health (the former commissioner) is abolished.(2)No compensation is payable to a person because of subsection (1).(3)To remove any doubt, it is declared that subsection (2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued under the person’s instrument of appointment before the commencement.75Board successor in law of former commissioner(1)The board is the successor in law of the former commissioner.(2)Subsection (1) is not limited by another provision of this part.76Continuation of acts and matters(1)Anything done, or started but not completed, under this Act, by the former commissioner before the commencement is, if the context permits, taken to have been done or started, and may be completed, by the board.(2)Subsection (1) is not limited by another provision of this part.77Functions and powersA function performed, or power exercised, under this Act by the former commissioner before the commencement is, if the context permits, taken to have been performed, or exercised, by the board.78Assets and liabilitiesOn the commencement, the assets and liabilities of the former commissioner immediately before the commencement become the assets and liabilities of the board.79Records and other documentsOn the commencement, the records and other documents of the former commissioner immediately before the commencement become the records and other documents of the board.80Contracts, agreements, undertakings and other arrangements(1)This section applies in relation to a contract, agreement, undertaking or arrangement—

(a)to which the former commissioner was a party immediately before the commencement; and

(b)that is still in effect on the commencement.

(2)On the commencement, the board becomes a party to the contract, agreement, undertaking or arrangement in place of the former commissioner.81Proceedings not yet started(1)This section applies if, immediately before the commencement, a proceeding could have been started by or against the former commissioner within a particular period.(2)The proceeding may be started by or against the board within the period.82Current proceedings(1)This section applies to a proceeding that, immediately before the commencement, had not ended and to which the former commissioner was a party.(2)On the commencement, the board becomes a party to the proceeding in place of the former commissioner.83References to former commissionerIn a document, a reference to the former commissioner may, if the context permits, be taken to be a reference to—

(a)to the extent the reference relates to the former commissioner’s advisory, governance or reporting functions—the board; or

(b)to the extent the reference relates to administrative or operational matters—the CEO; or

(c)to the extent the reference relates to the former commissioner’s functions as chairperson of the coal mining safety and health advisory committee—the chairperson of that committee; or

(d)to the extent the reference relates to the former commissioner’s functions as chairperson of the mining safety and health advisory committee—the chairperson of that committee.

83Amendment of sch 1 (Dictionary)(1)Schedule 1, definition commissioner—omit.(2)Schedule 1—insert—board see section 48.member means member of the board.© State of Queensland 2026