Submissions and Issues (Issue 33)

Draft Aboriginal Heritage Regulations 2007

The CMPA made a submission to Aboriginal Affairs Victoria in May on the draft Aboriginal Heritage Regulations, noting that whilst the draft clarifies a number of gaps apparent in earlier documents, it has still not addressed the issue of how the regulatory burden is balanced. The CMPA noted that this was essential as the legislation does not appear to reduce the regulatory burden upon Member’s businesses.

Issues raised by the CMPA included a need for:

• A State map showing all areas of cultural heritage sensitivity
• A sample ‘Cultural Heritage Management Plan’
• Guidance on appropriate qualifications when considering cultural heritage advisors

Other issues specific to the Regulations and to the Regulatory Impact Statement were also raised.

Review of Scheduled Premises and Exemptions Regulations

The CMPA made a submission in May to the Environment Protection Authority (EPA) focusing on the review of the Scheduled Premises and Exemptions Regulations, noting that the draft does not appear to adversely affect Members.

The CMPA did however request that the Regulatory Impact Statement be amended to reflect the fact that the industry is currently regulated in terms of environmental impacts by the Department of Primary Industries—Minerals and Petroleum Division and that the industry already has a financial assurance placed over it under Regulations to the Extractive Industries Development Act.

Review of National Guidelines for Integrating OH&S into National Industry Competency Standards

The CMPA made a submission in May to the Community Services and Health Industry Skills Council (CSHISC) regarding the review of National Guidelines to integrate OH&S into the Extractive Industries Training Package.

The CMPA responded that the units presented could easily be included into the training package as cross industry units.

However, the CMPA did note that there will of course be situations where additional, hazard specific units of competency are required. For instance, in the areas of confined spaces, working at heights and blasting, etc.

Equipment (Public Safety) Regulations 2007

Tim Holding, the Minister responsible for administering the Equipment (Public Safety) Act 1994, has provided notification of his decision to make the proposed Equipment (Public Safety) Regulations 2007.

The objectives of the proposed Regulations are to:

• Declare certain equipment to be prescribed equipment
• Ensure the safety of prescribed equipment when used at places other than workplaces
• Specify notifiable incidents

The proposed Regulations place duties on certain designers, manufacturers, importers, suppliers, and persons in charge of prescribed equipment.

A Regulatory Impact Statement was prepared in relation to the proposed Regulations and published in the Government Gazette and daily newspapers in January 2007 seeking public comment.

“After considering the submissions received, I have decided that the proposed Equipment (Public Safety) Regulations should be made with minor technical amendments,” said Minister Tim Holding.

Extractive Industries Development Regulations 2007

The CMPA made a submission to the DPI regarding the Regulations, noting that due to the fact that the Regulations are essentially an extension of the existing Regulations whilst the review of the Act is undertaken, that comments were restrained accordingly.

Comments included points relating to royalties and Work Plans. The DPI responded to these comments accordingly.

The DPI recently informed us that the Extractive Industries Development Regulations 2007 were made on 22 May. The current Regulations expired on 27 May and the new Regulations commenced on 26 May and cease to have effect on 26 May 2010.

The new Regulations substantially mirror the current Regulations, with a few amendments that mainly reflect changes in legislative drafting. They do not change royalties, fees (except for the removal of a fee for a quarry manager’s certificate), information requirements for work authorities, work plans or annual returns – although you will note some minor drafting changes. The main area of difference is the deletion of redundant Regulations.

For further information contact Michelle Marfurt, Legal Policy Officer, DPI, at Michelle.Marfurt@dpi.vic.gov.au

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