Coal Mine Subsidence Compensation Amendment Bill 2024

By Greg Warren MP

07 August 2024

Mr GREG WARREN (Campbelltown) (15:25): I am delighted to make a brief contribution to debate on the Coal Mine Subsidence Compensation Amendment Bill 2024. At the outset, I acknowledge Minister Chanthivong and his team for all the work they have done to bring the bill to the House after the statutory review. They have worked very hard on this very important issue. I will speak in two parts: obviously to this piece of legislation, but I also take the opportunity to talk a little about the mining industry in my community since Appin became part of my electorate. Before I do that, I acknowledge the member for Wollondilly. She has a long history of advocating for the mining industry throughout the Wollondilly. My electorate goes down Appin Road, but throughout Appin many mining families' lifestyles rely on that industry.

The member for Wollondilly, who was formerly a council mayor and councillor, has a broader area down around Bargo and Tahmoor and South32, which was previously BHP—all of those areas. She knows all too well the importance of this legislation and how it will benefit families—probably better than I do. I am still learning a lot, given that Appin recently became part of my electorate. That said, I used to run coal trucks up and down Appin Road. Once upon a time I even ran shuttles out of the member for Cessnock's area when there were shutdowns for metallurgical coal out of Denman. I would run shuttles and do changeovers at Freemans Waterhole back in the day. That was very interesting and a lot of fun. I really enjoyed that time—but back to the legislation, of course. The issue before us was brought about by a statutory review of the Act that was carried out in 2023. Minister Chanthivong and his team have now brought the bill before the Chamber for members to debate and, ultimately, resolve.

The bill will expand compensation to assist more people affected by coalmine subsidence by allowing affected residential tenants to be compensated for accommodation and relocation expenses arising from mine subsidence damage, and introducing powers for Subsidence Advisory NSW to make payments from the Coal Mine Subsidence Compensation Fund to reimburse residents for reasonable relocation costs and to public authorities for infrastructure repair. The bill also, of course, improves the claim assessment and determination process to support customers by allowing claims to be lodged outside the online portal, in a manner and form approved by the chief executive of Subsidence Advisory NSW. The bill does a range of other things but, ultimately, it improves the compensation process for those who are affected by mine subsidence throughout New South Wales.

There have been many cases over the years on the Appin Road, particularly on the left‑hand side. I have a good friend, a schoolteacher in Campbelltown, whose name I will not mention because he probably does not want me talking about it. I remember once while having a beer with him at the Bradbury Hotel he told me about how his lounge room had sunken down and he was in the process of getting compensation. Think about that happening: You are sitting around on a Friday night and having a couple of tinnies, watching the footy, and the old lounge room floor starts to sink underneath you. It is not a good way to end your week. That is a real-life example of one resident that I am aware of. More sensibly, it is a real example of what many people would experience in the areas.

I acknowledge that Temporary Speaker Barr is a strong advocate for industry and local families in his area. I credit him for that, as well as those members up in the Hunter, like the member for Maitland, and also the member for Wollondilly. They support this industry. They support local families. They try to find that balance between environmental preservation and making sure that people stay in work in the industry so that it not only survives but also thrives. Obviously, many controls dictate the market, but I acknowledge that making sure those families are represented, particularly in mine subsidence, is a priority for Temporary Speaker Barr and the member for Wollondilly.

As I initially said, I will touch on a couple of things about the industry in my electorate and my home, particularly as part of the 40,000 people who are employed by the mining industry in New South Wales. As members would know all too well, it is an industry that contributes more than $220 billion—sometimes up to $240 billion—to the economy in Australia. Much of that is in New South Wales: 37 per cent of gross State product is from the mining industry alone. That is an enormous number. I remember reading an article sometime during COVID. It stated that, if not for the mining industry, our economy would have been in an almost irreparable position and that we would not be in the position we are in today, irrespective of who was in government, because the market dictates and controls much of the economic circumstances that evolve from industry, particularly in the mining industry.

In the recent 2024-25 budget, the New South Wales Government invested $37.7 million in mine safety and rehabilitation. I will come back to safety in the mining industry when I refer to the Appin mine disaster that happened 45 years ago. Of the $37.7 million investment, $13.6 million will be allocated to mine rehabilitation. That will be used over the next four years to rehabilitate mines and ensure the land is safe and stable after mining ends. It is another proactive and progressive step whereby this Government and the relevant Ministers, including Minister Chanthivong, are working diligently to ensure that the industry is supported and, most importantly, that measures are in place to provide support to those families who are affected by mining. That is in the current budget. The Government has implemented other measures in the past, and more is planned for the future as this Government works progressively towards enhancing any legislation or any measures of support of the industry.

In conclusion, while it is a bit off-topic from mine subsidence, it would be remiss of me not to acknowledge the 14 workers who died in the 1979 Appin colliery explosion. The New South Wales Government webpage on the topic states:

His Honour, Judge A. J. Goran Q.C., Court of Coal Mines Regulation concluded in his report that a methane explosion started the coal dust explosion, following an accumulation of methane resulting from a flawed ventilation change. He concluded that the explosion began by an ignition in the fan starter-box and not the deputy's safety lamp, as initially speculated.

"I do not suspect that the deputy's lamp contributed in any way to the explosion. Indeed, having studied in detail the investigation of safety lamps, their defects and their inability, despite those defects, in most cases to propagate flame externally, I believe that reports of overseas explosion in mines where safety lamps have been indicted as the cause, should be treated with great reservation now."

On 24 July I was at a memorial service commemorating the incident of 45 years ago. The member for Wollondilly is in attendance every year, but I understand that she was an apology this year as she had other parliamentary matters that she was seeing to at the same time. We cannot be everywhere at once. I was delighted to acknowledge her contribution at the service and ultimately act on behalf of a colleague who I know is a passionate contributor to the memorial. The 14 people who died 45 years ago were Alwyn Brewin, 37; Francis Garrity, 37; Ian Giffard, 36; Geoffrey Johnson, 35; Jurgen Lauterbach, 30; Alexander Lawson, 35; James Oldcorn, 58; Peter Peck, 36; Robert Rawcliffe, 45; Roy Rawlings, 31; Karl Staats, 48; John Stonham, 41; Roy William, 27; and Gary Woods, 30. It was good to see our industry come out at the service. [Extension of time]

During the service, the importance of safety at work throughout the mining industry was highlighted. South32 was there, as well as other stakeholders. The company's commitment to safety is absolutely impeccable. It is welcome that it continually and progressively looks for safer processes in the industry. On this side of the House, we want people going to work in the same condition, safely, and going home after having been at work. Without any doubt, there are not too many industries or workforces more dangerous than the mining industry. I commend the industry for working progressively towards greater safety measures. I commend South32 and all other mine managers around New South Wales, particularly in my electorate. I believe that the tragic incident 45 years ago was the trigger to bring more attention to the safety of workers in the industry so that they go home safely to their families every night, unlike those 14 workers who tragically did not in 1979. I thank the House for its indulgence. I commend the bill to the House.