Coal Mine Subsidence Compensation Amendment Bill 2024

By Maryanne Stuart

07 August 2024

 I am happy to contribute to the Coal Mine Subsidence Compensation Amendment Bill 2024. I remind the member for Upper Hunter of the issues in the proposed bill which relate to safety for everybody, to make sure that workers and buyers of new houses are kept safe. Members will not forget Opal Tower. This is also the Government that has just recently put through workplace manslaughter laws. I represent a community in the northern Illawarra that has a lot of coalmining, both new and old pits, and a rich history in New South Wales, particularly in the seat of Heathcote.

In addition to its picturesque qualities, the Illawarra landscape is geologically resource rich, with coal discovered at Coalcliff in 1797 by Dr George Bass. Coalmining greatly impacted the establishment and settlement of communities along the Illawarra coastline, shaping the urban and industrial development of the area. Helensburgh, in the northern suburbs of the Illawarra, hosts Australia's oldest operating mine. The Helensburgh mine produces coking coal for Australian steelmakers and exports millions of tonnes a year. It was established by the Metropolitan Colliery in 1888.

Despite the rich history of coalmining and its benefit to the economy and local communities, mine subsidence risks arise. For the benefit of members across the Chamber, mine subsidence is the movement of ground that can occur after underground coalmining. After coal is extracted, the land above can sink and fill the hollow mine workings. This can cause tilts and strains on the ground surface. The bill is a significant step forward in ensuring that the legislation governing coalmining subsidence compensation is robust, fair and up to date with the evolving needs of our communities and of the coalmining industry.

The amendments presented in the bill are informed by the comprehensive 2023 statutory review of the Coal Mine Subsidence Compensation Act 2017. I believe they address critical areas that require modernisation and clarity. The amendments in the bill will significantly enhance the compensation framework, support claimants and improve the capabilities of Subsidence Advisory to respond to subsidence impacts and risks. The changes are crucial in ensuring that property owners, lessees and communities across New South Wales are adequately protected and supported.

Key provisions and amendments include consistent terminology. The bill standardises terminology related to subsidence damage, providing clarity and common understanding for all stakeholders. Also included is expanded compensation. Extending relocation compensation to tenants whose properties become uninhabitable due to subsidence ensures fair treatment for all residents, not just property owners and developers. Empowering Subsidence Advisory to arrange temporary accommodation and reimburse out-of-pocket expenses to residents during subsidence emergencies ensures immediate support and relief.

The claims process will be improved, with flexible claim lodging. Allowing claims to be lodged outside the online portal provides greater accessibility and convenience for all claimants, especially those who may struggle with digital submissions. Mandating pre-mining inspections ensures a fair process for determining subsidence damage claims, which promotes transparency and accuracy. Subsidence Advisory capabilities will be enhanced. It will have greater oversight of pre-mining inspections and the ability to install survey equipment to monitor subsidence risks, to ensure proactive management of potential damage.

New powers requiring mine operators to provide necessary information will enhance Subsidence Advisory's ability to assess and determine claims efficiently. Roles and responsibilities regarding claim assessment and determination will be clarified. Clarifying that Subsidence Advisory is responsible for all claims of compensation eliminates confusion and ensures a consistent transparent process. Expanding the scope of approved procedures to include steps before, during and after claim determination provides comprehensive guidance for all parties involved. Penalties and enforcement will be increased. Increasing penalties to reflect inflation will ensure that the deterrent effect of penalties is maintained, promoting compliance with the Act.

Clarifying that compensation is for work to prevent or mitigate damage to existing structures only minimises confusion and ensures fair compensation practices. Granting the chief executive the authority to carry out or fund necessary works to mitigate and prevent subsidence damage will ensure timely and effective interventions. There will be comprehensive implementation of statutory review recommendations. The bill will implement all nine recommendations of the 2023 statutory review, which reflects feedback from the public and stakeholders, particularly in the Wollondilly and Newcastle areas.

The amendments are designed to enhance the effectiveness and fairness of the Coal Mine Subsidence Compensation Act 2017. They provide clearer guidelines for compensation, improve the claims process and ensure that both property owners and the coalmining industry operate within a framework that is fair and transparent. They will ensure that the mines in my electorate, including the Helensburgh mine, are held to account if mining subsidence occurs. Those impacted by mining subsidence will receive fair compensation with a streamlined application process. The amendments will promote safe mining practices across New South Wales. I have built a career out of helping the community and giving everyone a fair go. The bill—and this Government—gives everyone a fair go. By expanding compensation, improving the claims process, and enhancing Subsidence Advisory's capabilities, the bill will ensure that people affected by coalmine subsidence right across New South Wales are adequately supported and compensated—and so they should be.