DPI Update (Issue 36)

Transfer of Occupational Health and Safety responsibilities from DPI to WorkSafe Victoria

Prior to 1-Jan-2008 the Minerals & Petroleum Regulation Branch (MPR) were responsible for regulating Occupational Health and Safety (OHS) in mining, extractive and on-shore petroleum industries within Victoria. This was made possible via delegations and a Memorandum of understanding (MOU) between DPI and the WorkSafe Victoria (WorkSafe).

In 2006, the former Minister for Energy Industries and Resources commissioned a review of the regulation of occupational health and safety in Victoria’s earth resource industries.

The Victorian Government has accepted the key recommendation of the review, to transfer responsibility for occupational health and safety regulation of earth resource industries from the Department of Primary Industries to WorkSafe Victoria on 1 January 2008.

The Department of Primary Industries and WorkSafe Victoria have established a steering group to manage the transition process and it will continue to deal with any transitional issues until 30 June 2008. The Department of Primary Industries and WorkSafe Victoria are using the existing Earth Resources Tripartite Safety Forum as a stakeholder reference group on the transition process.

A new MOU and service agreement between DPI and WorkSafe has been signed. A copy of the MOU can be found on the DPI website.

Workplans will now be referred to WorkSafe for consultation in relation to OHS. DPI Inspectors will also advise industry of any identified safety concerns and will also pass the information on to WorkSafe .

In practical terms the following regulatory activities will be no longer undertaken by MPR:

• Safety related inspection, audit, compliance monitoring, advice and enforcement under the OHS Act and Dangerous Goods Act
• Explosives licensing & safety regulation of blasting under the Dangerous Goods Act

Although DPI will still be involved with the National Mine Safety Framework (NMSF) and the Earth Resources Tripartite Safety Forum, WorkSafe will be taking the lead on both those forums.

DPI will continue to regulate the earth resources sector and to administer all the legislation. The key roles under this legislation are to provide resources for:

• Inspection, audit, compliance monitoring, investigation and enforcement
• Licensing
• Approval of work plans, operation plans, field development plans and various other instruments
• Setting, review, lodgement and return of rehabilitation bonds
• Undertaking rehabilitation on behalf of the Minister
• Response to and management of complaints
• Provision of information, advice, guidance and education to stakeholders
• Engagement with stakeholders, including community, industry, local government and other agencies
• Public safety

It is also proposed to expand and accelerate preparation/delivery of advice, education/guidance material, particularly environmental and community information. MPR operations staff will have increased involvement in community issues with a focus on early identification of potential problems and intervention. MPR will also upgrade its data collection, analysis and use to inform industry-wide measures of environmental/community performance and target its own regulatory activities.

Other major activities will include the review and reform of work plan requirements undertaking a more objective and risk-based approach. Audits of the adequacy of older work plans and implement program to upgrade to reflect current standards will also be undertaken. MPR look forward to the new challenges of regulation in the earth resources sector.

John Mitas, Chief Inspector of Quarries

Work Authority Applications

THE graph below ‘History of Application Status’ refers to those Work Authority applications currently listed on the Department of Primary Industries’ database and provides a comparison over time.

‘With Proponent’, ‘With MPR’, and ‘With Referral’ all refer to applications currently in the Draft Work Plan stage. ‘Endorsed’ refers to applications for which the Work Plan has been endorsed, however the Work Authority is yet to be approved (i.e. generally waiting on planning permits). ‘Withdrawn’ refers to those applications which were withdrawn during the application process. ‘Approved’ refers to the number of Work Authorities approved in the period since the last data publication (i.e 3 applications were approved between 6/11/07 and 7/1/207).

The graph to below ‘Outstanding Applications’ reflects the total of all Work Authority applications yet to be approved at the most recent point on the ‘History of Application Status’ graph above.

I.e. 6/11/07 the sum of all applications at the four stages (with proponent, with MPR, with referral and endorsed) was 89.

This data is showing a downward trend in the number of Work Plans being endorsed. That said, the number of draft Work Plans has remained consistent.

Rehabilitation Bond Calculator

Members would be aware that the Department of Primary Industries (DPI) has released its rehabilitation bond guidelines (and associated worksheets) to enable both the mining and extractive industries to undertake self assessments of their rehabilitation bonds.

The guideline doesn’t look at how the figures should be extracted; rather it looks at overarching issues such as:

• Guidance for self assessment – Extractives can select to self assess. DPI will undertake targeted audits of self assessments for quality assurance.
• How the guidelines will be implemented – All future assessments conducted by DPI officers will utilise this process.
• Review period of bonds – For extractive sites of state significance, every 6 years; otherwise every 10 years
• Process for approving rehabilitation bond set – For extractive sites, the rehabilitation bond must be approved by the Minister and include consultation with the land manager (if on Crown land) or council (for private land).
• Financial impacts – The DPI is prepared, in legitimate exceptional circumstances, to consider the application of discretion toward operations that demonstrate a genuine inability to afford an initial or revised bond level.
• Bond return – ‘Rehabilitation is considered ‘successful’ when the respective area is safe and stable, the biological system (whether for agricultural purposes or native vegetation) is shown to be self-sustainable and pest plants and animals are controlled to an appropriate level.’
• Standard bonds for simple operations – Applicable for sites less than 5ha – $1500/ha for small gypsum pits; $3500 for quarries under 2m deep; $5000 for quarries under 5m deep. Additional criteria for these sites are included in the guidelines.
• Setting of rehabilitation rates – Rates are set using the Caterpillar Performance Handbook, CCF Plant Hire Manual and other national standard rate books. Alternative rates can be utilised if a written quote is provided.
• Management and contingency costs – There is a total management and contingency cost of 25% applied.

The associated spreadsheets allow the operator to work through their site to establish their rehabilitation bond.

For further information, please download the documents from the DPI’s website www.dpi.vic.gov.au or call the Secretariat to have a copy posted

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