AGY-3182 | Joint Coal Board

Full description

During 1946 the Commonwealth and New South Wales state governments agreed to continue the wartime regulation of the mining industry. The two Governments decided to establish a joint permanent authority to which New South Wales, the State where the bulk of Australia’s coal was produced, would have most of the power and contribute a limited amount of finance and the Commonwealth would contribute most of the finance but would have limited power. (1)

As a result of this agreement the Joint Coal Board (JCB) was established by the Coal Industry Act, 1946 (Commonwealth) and the Coal Industry Act, 1946 (New South Wales). (2) These acts were virtually identical. The main difference was that the powers to control and resume land, buildings, plant, machinery and equipment were contained in the New South Wales Act. (3)

Certain sections of the Acts took effect from 1 February 1947 and this allowed for the appointment of the Joint Coal Board members. On 26 February 1947 the Board was constituted of a chairman and two other members. (4) The Board was appointed by the Governor, with the agreement of the Commonwealth Governor-General for a seven year term with the possibility of reappointment. (5) The Board was empowered to appoint such officers, and to employ such persons as necessary to assist it in the execution of its powers and functions. (6)

The remaining parts of both Acts were proclaimed to operate from 1 March 1947. On 8 March 1947, Section 28 of the Commonwealth Act established a specialised industrial arbitration machinery for the coal mining industry. (7)

The Joint Coal Board’s powers and functions were wide and enabled the Board to take such action as was considered necessary or desirable:
(a) to ensure that coal was produced in the State in such quantities and with such regularity as throughout Australia and in trade with other countries
(b) to ensure that the coal resources of the State were conserved, developed, worked and used to the best advantage in the public interest
(c) to ensure that coal produced in the State was distributed and used in such manner, quantities, classes, grades and at such prices as were calculated best to serve the public interest and secure the economical use of coal and maintenance of essential services and industrial activities
(d) to promote the welfare of workers engaged in the coal industry in the State. (8)

The Board could only take formal action on questions of safety and its three fundamental objectives under the Acts were:
(a) to provide sufficient coal of the right quality to meet the requirements of Australian industry from time to time and to supply actual and potential export markets
(b) to conserve coal resources and to ensure that they were used to the best advantage
(c) to ensure that Australia was provided with its basic industrial fuel at the lowest possible cost. (9)

All other functions of the Board were regarded as subsidiary to the above three basic objectives. (10)

Under Part III the Coal Industry Act 1946, the Board also was empowered to establish workers compensation insurance schemes and to require any/all employers in the coal industry to ensure employees were covered. (11) The Board could authorise a comptroller in any coal mine to carry out the Board’s functions with respect to that mine. (12)

The Board supervised the coal industry in the public interest. As a result of this control, the chronic coal shortage that had been experienced during World War Two was overcome in the early fifties. (13) The Board had a huge budget (over £ 23 m.), including the Coal Industry and Workers’ Compensation Funds. A large amount (£ 12 m.) of money was borrowed from the Commonwealth and invested by the Board into coal production and similar activities in order to fulfil the public need for ample, cheap, and good quality coal. (14)

The general powers and functions of the Board remained unchanged for the entire period of its operation. There were some organisational changes and the numbers of staff increased. During the 1970s the Board's activities were extended and there was a Head Office in Sydney and five regional offices, one each at Newcastle, Singleton, Cessnock, Lithgow and Wollongong. (15)

In 1992 the Coal Industry (Amendment) Act 1992 commenced operation. The Joint Coal Board’s powers and functions remained identical, but their activities were slightly changed. Under schedule 2 of the Act the activities of the Board were clearly focused on health and welfare issues. (16)

The Board’s activities were comprised of four "core" businesses:
(a) workers compensation;
(b) occupational and health;
(c)information services;
(d) international training. (17)

Two new divisions were created as part of an internal restructure: the Board’s Occupational Health Division which provided a range of occupational health services, and the Corporate Service Division which controlled finance, investment, management, personnel and the provision of administrative support to the Board. (18)

During 1995 another internal restructure resulted in the major operating divisions becoming: Coal Mines Insurance which provided workers compensation insurance services to all coal mines in New South Wales, and the Occupational Health Division which provided occupational health services associated with workers compensation insurance. (19) During the 1999/2000 financial year these two divisions employed about 80% of the total staff of the Board and provided the major interface between the Joint Coal Board and the coal mining industry. (20)

The Federal Government withdrew from the Board in April 2001. As a result of this, the New South Wales Government announced its intention to create a new corporation to undertake the Board’s activities. (21)

The Joint Coal Board was abolished under Part 2 of the Coal Industry Act 2001 (Act No. 107, 2001). From 1 January 2002 the Board ceased to exist and its activities, together with the Mines Rescue Board, were merged into a new private company called Coal Services Pty Ltd which then had responsibility for workers compensation and occupational health. (23)

Endnotes
1. Annual Report Joint Coal Board 1947/1948, A.R. 1948/49/50, v.1, p.946.
2. Coal Industry Act 1946, The Statutes of NSW 1946, Act No. 44.
3. Annual Report Joint Coal Board 1947/1948, A.R. 1948/49/50, v.1, p.946.
4. Ibid.
5. Coal Industry Act, 1946, The Statutes of NSW 1946, act No. 44, p.341.
6. Ibid.
7. Annual Report Joint Coal Board 1947/1948, A.R. 1948/49/50, v.1, p.946.
8. Ibid., p.947.
9. Ibid.
10. Ibid.
11. Coal Industry Act 1946, The Statutes of NSW 1946, Act No. 44, p.348.
12. Ibid., p.349.
13. Annual Report Joint Coal Board 1947/1948, A.R. 1952/53, v.1, p.541.
14. Ibid.
15. Annual Report Joint Coal Board 1978/1979, A.R. 1979/80, v.5, p.1564.
16. Coal Industry (Amendment) Act 1992, The Statutes of NSW 1992, Act No. 50, pp.10-15.
17. Ibid.
18. Ibid.
19. Annual Report Joint Coal Board 1995/1996, pp.4-6.
20. Annual Report Joint Coal Board 1999/2000, p.4.
21. Website, www.jcb.org.au.
22. Coal Industry Act 2001 (Act No.107, 2001), Pt.2.