CMPA General Meeting

GAVIN MOREIRA, Member Services Manager for CMPA provides an update on the General Meeting held in Traralgon.

Following a very successful site visit and Geotech workshop earlier in the day, next up was a General Meeting of members. An opportunity to hear about developments in Native Vegetation, Aboriginal Heritage and governments response to the CMPA Rehabilitation Project.

The General Meeting was opened by Jason Comben, Chairperson and commenced with a presentation by Suzanne Coates, Principal Aboriginal Advisor, Resources DJPR on “Working with Traditional Owners in Victoria”.
Suzanne gave an introduction into her role in Resources, DJPR as per below:
• DJPR four months; 22 years in public sector working in environment and natural resources.
• Yorta Yorta and Wamba Wamba person.
• Here (in Resources DJPR) to coordinate and undertake consultation with First Peoples in Victoria.
• Promote Victorian Government’s key commitments to Aboriginal self-determination in Earth Resources (DJPR).
• Provide authoritative advice on First Peoples matters.

• Manage, lead and or coordinate projects to analyse, develop and implement policies related to First Peoples business.
• Establish and foster constructive relationships with Aboriginal communities.

An overview of Traditional Owners was given together with a map of Registered Aboriginal Parties in Victoria which allows for the identification of Traditional Owners in Victoria (https://www. aboriginalheritagecouncil.vic.gov.au/victorias-currentregistered-aboriginal parties). Suzanne also outlined the status of the Treaty Process (Advancing the Treaty Process with Aboriginal Victorians Act 2018).

The next presentation was from Chris Webb Acting Executive Director Earth Resources Regulation (ERR) which was on ERR Rehabilitation Strategy. (Originally the speaker was John Krbaleski Head Resources on the government’s response to the CMPA Rehabilitation Project Report, but John had resigned from his role in the interim). Chris’s presentation made the following points:
• Effective site rehabilitation underpins community confidence in both the resources industry and the regulator.

• Government, on behalf of the community, carries the funding risk and environmental liability in the case of a default on rehabilitation obligations.
• Sureties in the form of a bond or assurance are the common solution to this problem.
• A series of reviews, across multiple frameworks, over time have identified the need for reform and modernisation of this approach.

The transition to a new approach creates challenges for the regulator and businesses.
The current status:
• In 2020, we published our Regulatory Practice Strategy for the Rehabilitation of Earth Resources Sites to outline our approach and actions to improve Victoria’s rehabilitation outcomes.
• The Rehabilitation Liability Assessment and Bonds Team (RLAB) has been established, with experienced specialists, to implement the strategy with the support of the Regulatory Compliance team.
• An updated bond calculator released on 16 March 2021, and continues to be refined, to assist businesses in estimating rehabilitation costs.
• Of 30 sites currently prioritised for assessment, 26 have a self-reported liability greater than their current bonds.

ERR observations:
• Significant number of smaller operations have updated their bonds already.
• Operations that have sought expert advice have selfreported estimates that align with ERR assessments.
• In other cases, there are significant variations between self-assessment and ERR assessments – often an information deficit.
• Where the true variation from current bonds is large – there is significant potential impact for operators.
• There are some substantial rehabilitation challenges in the quarry sector.
• There are some significant compliance challenges in the quarry sector.

ERR can
• Engage with operators to ensure that the bond is a true reflection of liability.
• Be flexible (within the laws) to smooth the transition.
• Be open to innovation and solutions that reduce costs to industry.
• Continue reform of approval processes (BAR) to provide certainty for investment.
• Listen and refine our approach.

Business can
• Work with ERR to identify the best options and outcomes.
• Seek good advice and bring forward viable innovative solutions.
• Integrate liability risk management into forward plans to minimise bonds.
• Seek review if circumstances change.

In summary, the presentation sought to justify massive rehabilitation bond increases for the extractive industries.

The sponsor presentation was by James Murphy from CDE Global which included projects with CMPA Members and he discussed the various opportunities the business has had by joining the CMPA.

The final presenter of the evening was Emmalene Gottwold, Director, Regulatory Strategy and Design, DELWP Biodiversity who spoke via MS Teams on the departments Extractive Strategic Offsets Project which is given in detail on page 15-16.

Note that the General Meeting was recorded and will be made available to CMPA Members at a later date.

Thanks again to all the presenters and to our General Meeting sponsor CDE Global.

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