Draft Code of Practice for Common Risk Management Techniques in Quarries 2023

DR ELIZABETH GIBSON, General Manager of the CMPA provides an extract from the CMPA’s submission to the Draft Code of Practice that includes comments from CMPA Members.

The Draft Code of Practice for Common Risk Management Techniques for Quarries (to be made ~December 2023 under Section 89 Mineral Resources (Sustainable Development) Act 1990) has been released for comment by Earth Resources Regulator (ERR), Resources Victoria, DEECA.

The intent of the Code of Practice is to provide for an expediated assessment process for Work Plan/ Work Plan variation applications which is a laudable aspiration of ERR. This aspiration was supported by CMPA in conjunction with all that was required up front was a statement/signature that the Code would be complied with. However, this has not yet been achieved.

Submission
That:
• The Code of Practice (in sections 1 and 2) demonstrates a lack of understanding of risk assessment. The Code is non-compliant with AS NZS ISO 31000:2018 (Standard):
 The use of the nonsense term inherent risk should be removed – which is not mentioned in the Mineral Resources (Sustainable Development) Act 1990 (MRSDA) nor is the Standard.
• The extractive industry was one of the first industries regulated in Victoria and since 1966 has taken into account those quarrying hazards which require specific and well understood (by the industry but less so by consultants) control measures.
• Where the risk management plan is adopted in accordance with the Code and approved, it is entirely under the EPA Act. It is unclear whether EPA or ERR regulate a site for any non-compliance around the risk mitigations measures.

• There is little referral to agencies outside of EPA, such as water authorities. If the intent is to streamline risk assessment and reduce the requirement for referral, it is recommended that the scope is beyond that of the EPA?
• The Code of Practice must remain in the bounds of the MRSDA: definitions, terminology, standards and controls.
• It is not helpful nor fair to be alarmist about the extractive industries in the second sentence of the Code (p. 1).
• Include where the extractive industry has met its obligations and managed its risks historically, if ERR feels this is inaccurate then provide examples.
• The standard risk control measures must be assessed for being feasible, effective, reasonably practicable and capable of withstanding legal scrutiny.
• The Code specifies controls (105 Standard Risk Control Measures),performance standards and performance indicators, however, no numerical value is assigned (“so that the value cannot be polluted up to”). This appears to be contrary to the intent of the Code.
• The Code must be accepted by relevant statutory authorities.
• The Code must stand up in the Victorian Administrative Appeals Tribunal/Planning Panel Hearings.
• Although this document is useful in parts, it would be beneficial to understand how applications would be assessed if the Code was not applied to a site.
• The Code is independent of the size of the operation (small: medium: large) and so penalises smaller operations in terms of costs.
• The Code needs to be written with the end user in mind: quarry manager/owner.

Specific Comments

Recommendations
• That the Standards Australia Technical Committee OB 007 Risk Management review the Draft Code of Practice for the application of ISO 31000: Risk Management.
• That the Draft Code of Practice be tested with case studies (including an estimation of additional costs for the application, implementation, and monitoring): hard rock quarry (small, medium and large) and sand quarry (small, medium and large).

Conclusion
The intent to find a mechanism to expediate the extractive industries approval process is laudable. However, the issue remains that it is impossible to neatly encompass the extractive industries activities into a concise risk assessment to meet ERR, agencies and communities continually expanding requirements and expectations.
Note the complete submission may be found at https://cmpavic.asn.au/publications/submissions/.

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