DPI Update (Issue 62)

ANNE BIGNALL, Manager Minerals & Extractive Operations, Gippsland provides an update on statutorily endorsed Work Plans.

STATUTORILY ENDORSED WORK PLANS

As of the 1st of February 2012 the Mineral Resources (Sustainable Development) Act 1990 (MRSD) now requires that work plans, and work plan variations, be statutorily endorsed where there is a need to also obtain a planning permit. Planning consent is necessary for a new work authority or when a variation to a work plan may require the existing permit to be varied.

The intent of the statutory endorsement of work plans is that the bulk of the statutory referrals to other interested authorities are undertaken earlier in the approvals process and throughout the development of the work plan rather than when applying for planning. With this in mind it effectively means that DPI now has a lead agency role in the approval of work plans. It should be remembered that a work plan must still have planning consent for DPI to approve it. However the more rigorous process of statutory endorsement should go a long way towards being more confident about succeeding in a planning application regarding the technical merit of the work plan. This increased level of certainty is due to the planning authority not referring the planning application to the statutory authorities that have already been involved in the DPI statutory endorsement process.

Several work plans, and work plan variations, have now completed statutory endorsement. The importance of the work plan containing the appropriate level of information for the referral authorities (such as EPA, DSE and Water Authorities) has highlighted the need for work plans to adequately identify the risks associated with proposed operations. When the work plan addresses these risks not only is the work plan more likely to successfully proceed through the approval process but it will also be of more value to operators regarding the effective management of their operational risks.

Effective risk management of extractive operations ensures that the safety of the public and employees is not compromised, that the social license of the operation in the eyes of the community is protected and that regulators such as DPI gain confidence that the operations comply with the regulatory requirements. Risk is defined as the combination of the probability (or likelihood) and the consequence of an event.

Key to having a good risk based work plan is to:

• Consult with interested and affected parties in the identification, assessment and management of all significant social, health, safety, environmental and economic impacts associated with your activities;
• Ensure that a process for the regular review and updating of risk management systems is included;
• Identify the significant risks from the extractive operations and detail the measures that will be taken to manage these risks effectively; and
• Develop, maintain and test effective response procedures for the management of a significant, or high risk, event

DPI will be progressing the principle of risk based work plans commencing with a review of the Mineral Resources (Sustainable Development)(Extractive Industries) Regulations 2010 which is currently under consultation with the industry. The intent is to ensure that work plans are appropriate to the scale, complexity and risk of the operation.

The anticipated outcomes of developing risk based work plans are that the ongoing regulation of sites by DPI is proportional to the risk that the operations pose and that the requirements of referral authorities are identified and met within the work plan. This should ensure that the statutory endorsement process delivers work plan approvals efficiently and effectively, as was the intent.

The DPI website has been updated to include the new requirements for work plan, and work plan variation, approvals under Statutory Endorsement. DPI inspectors are also available to provide advice.

AUDIT PROGRAM

The DPI targeted audit program over recent months has been predominantly focused on dust management. It has been undertaken at extractive industry and mining sites in all five of the Districts. The results will be available for publication in the next issue of Sand & Stone.

STAFF NEWS

Over recent months John Mitas has been acting in the role of Director, Earth Resources Regulation during Doug Sceney’s absence – he has now returned to his role as General Manager, Earth Resources Operations and Doug Sceney returns to his.

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