CMPA News (Issue 40)

By SARAH ANDREW
Thank you to all those who provided feedback on the new magazine – it is good to know it was well received. We also welcome many new readers as the magazine’s distribution is extended to all in the Victorian construction material processing industry.

TRANSFER OF WORK AUTHORITY

When selling or otherwise transferring a Work Authority there are certain requirements that you have a responsibility to meet under the Extractive Industries Development Act 1995 (EIDA).

Under section 23 of the EIDA the holder of the Work Authority must notify the Minister in writing of their intent to transfer that Work Authority to another person.

This notification should be accompanied by an agreement signed by both parties with respect to the Work Authority transfer and a transfer fee of $175.90 (per Work Authority, GST free).

The Minister must consent to the transfer of a Work Authority if the Minister is satisfied that:

• The work plan relating to the Work Authority is adequate; and
• The person to whom the Work Authority is to be transferred has entered into a rehabilitation bond for an amount determined by the Minister.

When the transfer is approved, a final Annual Return of your extractive activities should be completed and submitted.

Pursuant to section 21 of the EIDA, if a Work Authority has been granted in respect of land owned by more than one person and the consent of one of those persons is revoked, lapses or otherwise ceases to have effect, the Work Authority continues to remain in force in accordance with sub-section (2) in respect of the land owned by the other persons.

Should the Work Authority be covered by numerous planning permits with different expiry dates and one or more of the planning permits expire, the Work Authority will also expire.

For further information on transferring Work Authorities please contact your local DPI inspector.

MAJOR WORKS AND TRANSPORT CONTRACTS

On 29 August 2007 the Australian Competition and Consumer Commission (ACCC) granted authorisation to the CMPA to enter into agreements to produce several standard form contracts for use by its Members. One of those contracts was for major supply works for major contractors.

SERVICE & HANDOVER EXCAVATOR & HAUL TRUCK

Caterpillar Institute Vic-Tas Pty Ltd has developed two reference manuals designed to train operators in construction material processing businesses to conduct up to a 250 hour service on an excavator and a haul truck.

A meeting was held on October 7 in Kilmore to work through the manuals in detail and ensure that the content is appropriate and While there has been limited uptake of the contract, experience has shown that keeping the contract up to date, particularly Appendix E which defines classes of materials to be supplied by the supplier is more difficult than initially thought.

The Appendix is based on a cut down version of the VicRoads classes. However, these change more frequently than anticipated. Consequently it has been decided to remove the detail in the Appendix and only refer contractors to where they can obtain up to date information to insert.

Secondly, we would be interested to know if people are using the transport contract.

It appears that as there are no penalties in the legislation for not having a contract and enforcement is only through VCAT if there is a dispute, there has been little uptake to date. That said, we cannot stress how desirable it is to have such business dealings supported with a formal contract.

A hard copy of the contract will be sent to all CMPA Members in the coming month.

STACKING TO TEMPLATE

Following on from an article in the last magazine, the CMPA has received the following advice from VicRoads:

“It has been brought to VicRoads attention that aggregate supply customers are unwilling to supply aggregate to template as required by Standard Specification Section 831 – “Aggregate for sprayed bituminous surfacing”, clause 831.09 – Stack to template.

This stance has been taken for occupational health and safety reasons … regarding shoveling loose aggregate to form the template shape.

In almost all cases, VicRoads now does not require stacking to template as aggregate is commonly supplied by weight. Some time ago, stacking to template was a requirement as payment for supply of aggregate was based on the volume of aggregate measured in the stack.

After discussions with the Executive Director – Regional Services, it has been agreed that stacking to template is now NOT a requirement of VicRoads, although care is required when dumping aggregate at a stack site as it should be undertaken in a manner suitable for reloading by mechanical equipment.

As such, clause 831.09 should be ‘struck out’ and the following special clause included in specifications until sections 831 and 832 can be amended:

Further to the requirements of Clause 831.09, loads of aggregate shall be stacked in tight and consecutively dumped straight rows to allow the efficient reloading by mechanical means”.

This will apply to all future contracts. Contracts which have already been advertised will have an addendum issued to this end. Members are reminded to pay close attention to any such contracts they are asked to quote.

NATIVE VEGETATION GUIDELINES

The DPI and DSE have released the first draft of the ‘Native Vegetation Management Guidelines for the Earth Resources Industry’. We are presently reviewing these guidelines.

Overall, the guidelines provide a great deal of information to future applicants, however there are a number of areas where the CMPA is concerned about their potential impact upon Member’s businesses.

If you are interested in viewing a draft as it stands or would like to otherwise assist the CMPA on this matter, please contact Sarah.

INQUIRY INTO ENVIRONMENTAL REGULATION

The Victorian Competition and Efficiency Commission (VCEC) is conducting the above inquiry in the context of the government’s commitment to the development and implementation of best practice regulation which includes ensuring that regulation is still the most effective means of achieving objectives.

The purpose of this inquiry is to identify the types of environmental regulation with the highest regulatory burden and where there are the greatest regulatory opportunities and barriers to Victoria maximising the economic benefits in the transition to a low carbon economy that responds to emerging environmental sustainability challenges.

Of those regulatory tools identified within the review as having a major regulatory burden on business, four of five have the potential to effect Members:

• Environmental Effects Act
• Environmental Protection Act
• Extractive Industries Development Act
• Planning and Environment Act

The CMPA will be presenting a submission to this inquiry. One aspect of this submission is an investigation in to the cost of developing or varying a Work Authority.

If you have recently gone through this process, please call Sarah.

STOP PRESS: BE AWARE OF EXPLORATION LICENCES

A Member reported that the holder of an Exploration Licence for mining over their Work Authority asked for a royalty of $1 per tonne.

The Minister set the miner straight and the site has had verbal notification this will not be required. Another issue to keep in mind.

CMPA MEMBERSHIP

Our sincere thanks to all Members who have renewed their membership – without your support the CMPA could not continue its present works.

It would be appreciated if all outstanding renewals could be completed by the end of October.

Any readers who are not yet Members are invited to join the CMPA by contacting the Secretariat for further information.

DUST INQUIRY

Beginning in 2005, the Senate referred the matter of workplace exposure to toxic dust to the Senate Community Affairs References Committee for inquiry and report.

This inquiry, among other things, investigated the health impacts, safety measures, information, diagnosis, records and compensation available to those exposed to toxic dusts including silica. The CMPA participated in this inquiry through the Senate Committee hearings.

These hearings provided the CMPA with the ability to outline the systems, controls and checks our Members have in place.

The Committee report was tabled in May 2006 and made 14 recommendations covering matters such as data availability, disease surveillance and community awareness of toxic dusts.

On September 25, the government’s response to the report was tabled in
the Senate.

The majority of the findings were supported; however a number of recommendations were directed to bodies outside the Australian government.

Recommendations have in the most been referred to the Australian Safety and Compensation Council (ASCC) and the Heads of Workplace Safety Authorities (HWSA) for their consideration. In these instances, actions have been sought however will take some time to filter down to an operational level.

RECENT EVENTS

In order to remain accountable to Members, the CMPA has attended the following meetings/events over the last two months:

• Annual Dinner: Numerous briefings with various people to ensure the Annual Dinner ran smoothly and successfully.
• EIDA Review: Two meetings with the DPI to discuss the proposed Resources Industry Legislation. We appreciate the assistance of Members who attended these meetings.
• Community Engagement: Meeting with Dr Sheen to discuss the possible impact of introducing a ‘Duty to Consult’ similar to the mining industry into the extractive industry. Again, our most sincere thanks to Members who participated.
• Briefing with with the Opposition Leader: Three Members participated in a meeting with the Leader of the Opposition to discuss, amongst other matters, the proposed Resources Industry Legislation.
• Education: A meeting was held with SkillsDMC to discuss how the CMPA and SkillsDMC can work together to further assist training and education in the industry.
• Education: Numerous meetings have occurred with Associate Members to further refine the ‘Conduct Screening Operations Reference Manual’. Their contribution has been invaluable.

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