Submissions and Issues (Issue 32)

Extractive Industry Development Regulations RIS

The Regulatory Impact Statement (RIS) for the EID Regulations has been recently released by the DPI. On first review it appears that the changes proposed are primarily of administrative.

The CMPA is presently preparing a submission and will make it available on the website.

If you would like to view the RIS in full, go to: www.dpi.vic.gov.au/ris

Evaluation of the Victorian Biodiversity Strategy

The Government has made a commitment to renew Victoria’s Biodiversity Strategy in its environmental policy document ‘Our Environment Our Future – Sustainability Action Statement 2006′, as part of the process to develop a White Paper on Land and Biodiversity.

As a first step in this process, the Department of Sustainability and Environment appointed Clear Horizon Consulting to undertake an evaluation of the current Victorian Biodiversity Strategy (released in 1997).

An evaluation of the existing strategy will inform both the renewal of the Biodiversity Strategy and the emerging policy directions that will assist in the preparation of the White Paper.

The CMPA participated in a review of this strategy on 12 April and plans to raise issues including the huge financial impact this strategy would have on the industry and the restrictions such a strategy would pose on entry into the industry.

Rural Road Sealing Strategy

The Nillumbik Shire Council is reviewing the Rural Road Sealing Strategy and is seeking public comment. The strategy relates to the sealing of existing gravel roads in rural areas.

Council’s objective for the sealed road network throughout the municipality is to provide for safe property access, recreational use of the road and road reserve, encourage business and tourism development, protection and enhancement of the environment, and improved amenity for those using the road and those living adjacent to the road.

The draft strategy can be downloaded from the Council’s website at www.nillumbik.vic.gov.au under News for Public Consultation.

Whilst the CMPA will not be making a submission to this strategy, the document is a very informative and interesting read and we encourage Members to read the document also.

DPI—WorkCover Transition
A letter to WorkCover from the CMPA

On behalf of our Management Committee and indeed all CMPA members, I thank you for providing the industry the opportunity to provide comment on how WorkCover should manage its new responsibilities. That said, the CMPA feels that if this change results in an increase in incidents, the option of returning these responsibilities to DPI – Minerals & Petroleum should be seriously considered.

The industry, as you would have seen from our submission to the Pope enquiry, is strongly in favour of pre-emptive management of OHS undertaken by the DPI that has seen improvements in health and safety outcomes, however stresses the need to reduce the regulatory burden and shift the power to change back into the sites’ own hands.

This would involve:

• A Preventative Team who sit within the Construction and Utilities Program and provide industry a centralised point of contact. This team would require a sound understanding of industry and should be able to provide specific information & assistance, manage industry tailored explosives licensing and conduct site audits similar to the DPI in its present form to ensure compliance and earmark emerging issues. They should represent construction material processing businesses undertaking operations on Work Authority sites; recycling construction materials such as concrete, asphalt and soils; and processing onsite materials for reuse.
• The Local WorkCover Inspectors who would be responsible for incident investigations in consultations with the above mentioned team.

Industry requires clear, consistent and well articulated direction and support as it applies preventative measures into its operations. Our members are in the most aware of their current obligations and want to prevent incidents.

The system of management that is implemented must be stable and clear to the industry. It needs to ensure there is a clearly articulated line of management, and that there are points of contact that are consistent, reliable and have an understanding of the industry and its hazards from a proactive view point.

Data specific to construction material processing must continue to be collected and analysed to better target proactive activities and to educate industry on where they need to increase or focus efforts and provide positive feedback when appropriate.

Industry requires all Government bodies to form partnerships with individual industry sectors and clearly commit to educational outcomes which integrate all of the resources available and ensure that all people are given equal access, knowledge and support. Such actions up skill industry and provide the ability to better self regulate.

Relationships made between equipment suppliers (be they designers, manufacturers or suppliers) and the DPI – Minerals & Petroleum need to be established by WorkCover as an effective means of preventing unsafe equipment from entering or remaining in the market.

Construction material processing must remain separate from mining. There is less risk and capital outlay involved in construction material processing. It is felt that there is not sufficient evidence that a problem exists and that there is no other demonstrated need for this change in regulation.

Role of the DPI

Historically, the role of the DPI was understood to be the protection of the State’s earth resources. It has clearly defined responsibilities in relation to processing and approving Work Plans required for those construction material processing businesses extracting from a singular location above 5Ha in size and 2m in depth.

In the past this approval process has considered OHS when considering everything else. This does not involve the presentation of safety systems or plans of equipment. The CMPA feels that as such, WorkSafe does not have any additional liability in this area as per any other business they regulate.

Due to the DPI’s skill in this area, it is recommended that DPI continue to manage the extractive area of Work Authority sites in relation to rehabilitation, public safety, tailings storage facilities, overburden storage facilities, face and bench stability and buffer zones. This could be moved to WorkCover in the longer term as the skills of the Preventative Team are proven.

Although the role of managers on Work Authority sites is no-longer recognised, it is important to understand that until recently this role was regulated.

Although we understand that this change is not likely to be reversed, it is important that such skill levels are encouraged by the regulator (i.e. WorkSafe) ensuring the occurrence of better quality outcomes.

Conclusion

The CMPA, although disappointed in the Government’s decision to move OHS legislation from DPI to WorkCover, does not wish to see incidents increase. Rather, industry wants to make a concerted effort with its new regulator, WorkCover, to both reduce the frequency and severity of incidents and regulatory burden.

Businesses within the industry need to be able to move forward and carry out their objectives and actions without undue interference. The need to retain control of a business is the owner’s right, without which there is no point in participating.

This requires the creation of partnerships that foster such ideals, and we feel that this will be an effective means to this goal. Our members look forward to building a strong working relationship that sees these aims achieved.

This letter was sent to WorkCover following their request. At this early stage, WorkCover has not yet formalised how it will undertake its new responsibilities. We expect this to come to light over the coming months during which time the CMPA will keep members informed.

If you would like to discuss the changes or any rumour you may have heard, please call Sarah.

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