CMPA NEWS (Issue 62)

CMPA Secretariat provides an update of the latest news and happenings.

REVIEW OF ABORIGINAL HERITAGE ACT 2006

In May 2012 Bruce McClure General Manager CMPA attended a meeting organised by Aboriginal Affairs Victoria (AAV) to discuss the Issues and Options Paper arising from stakeholders meetings conducted before Christmas 2011. These meeting were held as part of the review of the Aboriginal Heritage Act 2006 (the Act).

The main issue identified by Industry Groups at the various meetings revolved around the need for and the preparation of Cultural Heritage Management Plans (CHMP).

The main points were:

• Simplification of requirements including the method for determining need.
• Simplifying the CHMP documentation.
• The costs & time involved with preparation of CHMP, particularly for the respective Registered Aboriginal Party (RAPs) & consultants involved.
• Better definitions of some requirements.
• Need for better, updated and accurate mapping of sensitivity areas.
• Better and easy to follow guidelines for conducting and reporting on Aboriginal Cultural Heritage (ACH) issues.
• Need for a balanced approach to CHMP.
• Clear definition of scatters and low density artifacts
• Better definition of the triggers that force CHMP.

Some of the suggested ideas for improvement to the Act proposed by AAV included:

• Looking at the ability to stage CHMPs.
• Use of a simplified form where applicant believes area significantly disturbed.
• Different approaches to how RAPS are funded.
• Possibility of setting up a statutory body for ACH similar to EPA.
• ACH controlled and managed by aboriginal people.
• Include non RAP aboriginal people in CHMP preparation.
• Setting up of a body to be the umpire or adjudicator of issues that cannot be resolved by parties avoiding the need to go to VCAT.

MINERAL RESOURCES DEVELOPMENT REGULATIONS

In April 2012 Bruce McClure, General Manager CMPA and Management Committee Member Garry Cranny attended a meeting at DPI to discuss a review of the Mineral Resources Development Regulations 2002 (the Minerals Regulations) which are scheduled to sunset on 22 October 2012.

A 12-month extension has been granted by the Minister to allow for the continued operation of the Minerals Regulations while they are reviewed.

The review includes a cost recovery analysis, preparation of replacement regulations and a Regulatory Impact Statement (RIS).

The primary objectives of the review (as given at the meeting by DPI), are to:

• Identify regulations that should be retained, not retained or amended, to streamline regulatory processes and reduce burden and delays.
• Implement government policy to recover costs by regulating fees and charges payable, including the introduction of rental payments for exploration and retention licences.
• Review of the calculation methodology for royalty payments for lignite (in consultation with the coal sector).
• Reduce the level of detail and description required in work plans where appropriate, and make work plans more generic and risk-based.
• Review the mining and extractives infringements offences and penalties in accordance with the government policy.
• Respond to any issues identified during the initial operational phase of the Amending Act and Regulations, which commenced on 1 February 2012.

The policy and regulatory development phase is expected to run until July 2012.

NATIVE VEGETATION MANAGEMENT PLAN

In April 2012 Bruce McClure, General Manager CMPA and Ken Norris CMPA member met with DSE staff to discuss what issues the CMPA has with the current native vegetation regime and what the DSE is intending to do as part of a review of the current Native Vegetation Management Framework.

The DSE has set up a project team comprising people from the private business sector and from other government departments such as Vic Roads and current DSE staff . They have met with other associations to ascertain their views as well. DSE has access to a number of submissions by CMPA to other departments on native vegetation.

The DSE staff stated that they are aware of many of the current issues, problems with the current system. Once they have spoken to all relevant stakeholders a report will be prepared to go to the State Government recommending a course of action for the review and time frames.

The DSE staff did indicate that it will take time before a review of the current native vegetation regime is completed.

The CMPA made it quite clear at this meeting that the current framework is not working; is a major problem for new entrants into the industry and is very expensive time and cost wise. It needs revision and the opportunity for this will occur with a review of the Framework.

COLLECT ROUTINE SITE SAMPLES TRAINING

This course; initially delivered late in 2011, has been significantly reviewed by Bendigo TAFE with advice and assistance from various industry experts and CMPA personnel. The new format includes options for more flexible delivery in addition to traditional classroom delivery.

The aim of providing flexibility in delivery options is to better meet the needs of the employer and ensure efficient and effective training results. This course is suited for new or existing employees required to follow safe working procedures to prepare for and collect samples for laboratory testing.

All interested employers and or employees, please contact Jillian Mannix at Bendigo TAFE by phoning 0418174529 to discuss delivery options available.

GEOTECHNICAL GUIDELINES DOCUMENT

In April 2012 Bruce McClure General Manager CMPA attended a meeting at DPI to discuss the latest draft copy of a revamped Geotechnical Guidelines document with Industry representatives.

The document discussed at this meeting has changed considerably from that which the CMPA commented upon in October 2011.

There has been a big input into this latest document by the Technical Review Board, (TRB). The TRB is a team of experts with international mining experience and was established in August 2008 as an Advisory Panel by the State Government to provide advice to the Government on mine and quarry stability.

All industry representatives expressed concern that this document does not address geotechnical risks that are associated with the safety of the sites, site infrastructure, equipment or personnel. All safety issues are seen as the responsibility of Work Safe yet there needs to be guidance and consideration of Geotechnical issues by very experienced and knowledgeable Government Inspectors.

There is a strong emphasis on risk management as the focus of the guidelines and the use of Geotechnical Risk Zones has been introduced. Geotechnical risk at a mine or quarry is defined as any risk associated with ground movements. Ground movements are typically limited to the area of the mine and to a region around the mine. Ground movements may be chronic (such as subsidence or natural rebound) or catastrophic (such as batter collapse).

DPI believes that this document provides a simplified method of assessment of the area potentially affected by mining induced ground movements and the geotechnical risks to public safety, public infrastructure and the environment is presented. Guidance on the delineation of the area within which ground movements may occur is given.

Identification of assets within the area of movement that could be at risk is required. For each asset, the hazards arising from any ground movements and the level of risk to the asset for the given hazards must then be elaborated. Where risks are deemed to be significant, the requirements for reducing the risks to an acceptable level are described.

The document will shortly be placed on the DPI website and the department is seeking official comments back by the end of May 2012.

MEMBERS DAY 2012

A big day has been planned for CMPA Members and other interested industry players in the north of Melbourne. Activities include a site visit to a local quarry, an explosives workshop and a general meeting of members. Come to all the events or just the ones that interest you.

The site visit is to Northern Quarries in Epping which has just been through a major upgrade, followed by a workshop in Coolaroo that will cover recent changes to guidelines for explosive use and development of checklists for blasting.

The workshop will be followed by a general meeting at which all present will be informed on the important events that are currently affecting the industry.

There will be a speaker from DPI to provide an update on issues affecting members; a speaker with considerable knowledge on commercial vehicle use to provide details on changes to Truck Regulations and the Chain of Responsibility and a speaker from VECCI to enlighten us on the new Carbon Tax.

Dinner will follow the meeting providing members with the chance to network and discuss issues.

Date: Wed. 27th June 2012
Info: Site Visit -10.00am – 1.15pm, Explosives Workshop, inc. lunch – 1.15pm – 4.15pm, General Meeting, inc. dinner – 4.30pm – 8.00pm
Cost: Workshop $50 Members, $80 Non-members
General Meeting $50 Members, $80 Non-members.

RECENT EVENTS

CMPA members attended a meeting with DPI to discuss a proposed review of the Mineral Resources Development Regulations 2002 (the Minerals Regulations) which are scheduled to sunset on 22 October 2012.

CMPA members attended a meeting with DSE to discuss a proposed review of the current Native Vegetation Management Framework.

CMPA attended a meeting at DPI to discuss the latest draft copy of Geotechnical Guidelines document with Industry representatives.

Bruce McClure recently attended a meeting organised by Aboriginal Affairs Victoria to discuss the Issues/Options Paper arising from stakeholders meeting conducted before Christmas 2011 as part of the review of the Aboriginal Heritage Act 2006.

CMPA members recently attended Carbon Tax and Your Business – Risks and Opportunities briefings conducted around the State by VECCI.

CMPA Associate Committee meeting was held at Mead Partners, Elsternwick.

Bruce McClure met with Bendigo Regional Institute of TAFE and VicRoads to discuss Conduct Routine Site Sample course and the Conduct Laboratory Acceptance Tests for the construction materials documentation.

CMPA met with a medical Doctor to discuss an upgrade of the CMPA Medical Guidelines and Employment Health Assessments.

CMPA met with the firm Jones King Lawyers to discuss the development of Credit Application and Terms and the Conditions of Trade Guidelines.

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