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[s 5]
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Part 2 Amendment of Coal Mining Safety and Health Act 1999
both of the following—
(a) the Minister;
(b) the RSHQ board.
5 Amendment 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.
6 Amendment of s 77 (Annual report)
Section 77(1), ‘commissioner, as chairperson of the
committee,’—
omit, insert—
chairperson of the committee
7 Amendment 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.
8 Amendment of s 250 (Proof of appointments and
authority unnecessary)
(1) Section 250(1)(a), ‘the commissioner’—
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Part 2 Amendment of Coal Mining Safety and Health Act 1999
omit, insert—
a member of the RSHQ board
(2) Section 250(1)(b), ‘commissioner’—
omit, insert—
RSHQ board
9 Amendment of s 251 (Proof of signatures unnecessary)
Section 251, ‘commissioner’—
omit, insert—
RSHQ board
10 Amendment of s 252 (Evidentiary aids)
Section 252(5), definition certificate, ‘commissioner’—
omit, insert—
RSHQ board
11 Insertion of new pt 20, div 13
Part 20—
insert—
Division 13 Transitional provisions for
Resources Safety and
Health Queensland and
Other Legislation
Amendment Act 2026
342 Definitions for division
In this division—
former chairperson means the person who,
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Part 2 Amendment of Coal Mining Safety and Health Act 1999
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).
343 Chairperson 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.
344 Continuation of acts and matters
Anything 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.
345 Functions and powers
A function performed, or power exercised, under
this Act by the former chairperson before the
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Part 3 Amendment of Coexistence Queensland Act 2013
commencement is, if the context permits, taken to
have been performed, or exercised, by the new
chairperson.
346 References to former chairperson
In 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.
12 Amendment 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 3 Amendment of Coexistence
Queensland Act 2013
13 Act amended
This part amends the Coexistence Queensland Act 2013.
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Part 3 Amendment of Coexistence Queensland Act 2013
14 Amendment 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.
15 Amendment 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.
16 Amendment 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
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Part 4 Amendment of Land Access Ombudsman Act 2017
Land Access Ombudsman Act 2017, schedule 1.
(3) Section 36(1A) to (4)—
renumber as section 36(2) to (5).
Part 4 Amendment of Land Access
Ombudsman Act 2017
17 Act amended
This part amends the Land Access Ombudsman Act 2017.
18 Amendment of s 4 (How purpose is achieved)
Section 4(a), ‘the appointment of’—
omit.
19 Replacement of pt 2, div 1, sdiv 1 and pt 2, div 1, sdiv 2,
hdg
Part 2, division 1, subdivision 1 and part 2, division 1,
subdivision 2, heading—
omit, insert—
9 Land 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.
10 Conditions of office
(1) The land access ombudsman is to be paid the
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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.
11 Removal from office
If 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.
12 Acting 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.
20 Amendment of s 16 (Functions)
Section 16—
insert—
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(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.
21 Omission of pt 2, div 1, sdiv 3 (Miscellaneous)
Part 2, division 1, subdivision 3—
omit.
22 Amendment 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).
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Part 4 Amendment of Land Access Ombudsman Act 2017
23 Insertion of new pt 2A
After section 31—
insert—
Part 2A Advisory Council
31A Establishment
An advisory council is established.
31B Functions
(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—
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(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.
31C Members
(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.
31D Conditions 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
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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.
31E Leave 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.
31F Resignation 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.
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Part 4 Amendment of Land Access Ombudsman Act 2017
31G Acting 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.
24 Amendment 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)
25 Amendment 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
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Part 4 Amendment of Land Access Ombudsman Act 2017
(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
26 Replacement of ss 61 and 62
Sections 61 and 62—
omit, insert—
61 Delegation
(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.
62 Protection 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;
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(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.
27 Insertion of new pt 7, div 3
Part 7—
insert—
Division 3 Transitional provisions for
Resources Safety and
Health Queensland and
Other Legislation
Amendment Act 2026
74 Acting 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—
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