On June 18, Supreme Court Judge McMurdo found the Grasstree mine in central Queensland was not in compliance with safety regulations, resulting in the mine being shut down while Anglo Coal grapples with what to do about the problem.

The case was brought before the Supreme Court of Queensland in March by the Construction, Forestry, Mining and Energy Union (CFMEU) against Queensland State and Grasstree owner, Anglo Coal.

The CFMEU contended that, according to its interpretation of section 296 (1) of the Coal Mining Safety and Health Regulation Act 2001, Grasstree was out of compliance. The CFMEU argued that if a mine had two entrances from the surface that were connected and one operating as an intake and the other a return, these two escapeways were not atmospherically separated. The mine was thus not in compliance in terms of an avenue of escape for underground workers. The Judge agreed.

Grasstree mine is connected by two surface shafts sunk to 280m and some 200m apart. The intake shaft is 6.1m in diameter and the exhaust shaft is 5.6m. Both are concrete lined.

The specific words of the Act read: “The site senior executive must ensure the mine has at least 2 trafficable entrances (escapeways) from the surface that are separated in a way that prevents any reasonably foreseeable event happening in 1 of the escapeways affecting the ability of persons to escape through the other escapeway.”

CFMEU health and safety representative Greg Dalliston said if an incident took place in the intake shaft workers underground would be unable to escape via the intake without having their ability to escape being effected as there would be no fresh air. He said the union has raised this issue consistently over the last three years and has been at loggerheads with Anglo Coal and the Mines Inspectorate since October last year over whether or not the mine complied.

The union contends the inspectorate changed its interpretation of whether two escapeways to the surface complied with the act in 2002. The department was unable to comment.

Mines believed to be potentially affected are the BHP Billiton Mitsubishi Alliance Broadmeadow mine and Xstrata’s Newlands extension. Both these operations are being developed as two entry operations off highwalls.

Dallison however said, to his knowledge Broadmeadow mine was not out of compliance with the Act, adding that he has not visited Xstrata’s new mine but said that this was an issue for the department to address.

Some industry observers also questioned whether this interpretation, if taken to the enth degree, could affect existing longwall mines. Would a longwall face be expected to have three roadways for example? Dalliston said the ruling did not apply to development panel but only to main headings when a mine had two surface entrances. He said when the act was developed the guidelines for regulatory change were not to place undue imposte on existing mines. He added that some of Anglo’s mines including Grasstree were intending to develop 3 heading gate roads and that this was common in the USA.

Meanwhile, Anglo is believed to be looking at a range of options to bring the mine into compliance, including drilling a raisebore shaft but given that no-one is allowed underground that appears unlikely. Other options include installing another shaft – thought unlikely due to the expense; connecting Grasstree to the nearby Southern mine; or developing a drift.

The CFMEU welcomed the judgement that Grasstree did not comply with the requirements of the State’s mine safety legislation.

CFMEU state president, Andrew Vickers, said the “judgement was a victory for mineworker’s safety over the greed of coal companies and the neglect by senior public servants.”

Vickers also called for the resignation of Chief Inspector Brian Lyne saying that he had led the Inspectorate in changing its interpretation of the Regulations and had supported the position of the coal company. Mines minister Stephen Robertson weighed into the issue yesterday saying he wouldn’t be seeking blood from the inspectorate for what must be an embarrassing outcome.

In response to the situation the Queensland inspectorate yesterday issued a brief directive to all Queensland SSE’s instructing them to make sure they complied with the ruling, related to any foreseeable event.