VITAL ACT REVIEW

Extractive Industries Development Act

Sarah Andrew, CMPA Project Manager

The review of the Extractive Industries Development Act 1995 has begun with all those in industry being asked to comment on the recently released ‘Background and Issues Paper’.

The Extractive Industries Development Regulations 1996 (EID Regulations) – the subordinate legislation to the EIDA – came into effect on 28 May 1996 Section 5 of the Subordinate Legislation Act 1994 states that all regulations will sunset 10 years after the day of making, therefore the regulations to the EIDA expire on 28 May 2006.

It is common practice to review regulations that are due to expire to assess whether they have delivered the anticipated benefits and costs or are still considered worthy of continuation or require amending.

The Government determined that given it has been 10 years since the Act was proclaimed, it was an opportune time to undertake a review of the extractive industry to gain greater insight into the industry’s progress and future direction, government’s role in relation to the industry, as well as the effectiveness of the current legislative framework, in the event it is deemed necessary to amend the Act prior to any review of the regulations.

Key areas of discussion include the current regulatory framework, the government’s role in relation to the extractive industries, and the regulation used in other states. These points in effect cover all sections of the Act. Each discussion point poses a number of questions to the reader for their consideration and comment.

After this stage of the review is conducted, extensive consultation will occur between the DPI, CMPA and other industry associations. Following this an Options Paper and subsequently a report presented to the Minister.

Following that, recommended changes will be proposed and follow through with further industry consultation.

With submissions due on December 16, the CMPA has been working towards developing a formal response to this paper including coordinating site visits by the review manager, and now invites your comments.

Finally, we are planning to hold a General Meeting for all members early in the new year once further information has been made available. To keep an eye on this issue, please see the CMPA website www.cmpavic.asn.au

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