CMPA NEWS (Issue 64)

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

ANNUAL DINNER PHOTOS

Would you like a happy snap of you and your friends all dressed up for the Annual Dinner? Photos from the night are available to be downloaded free of charge from http://outbackphototours.com.au/CMPA2012/

High resolution, printable versions of the photos can also be emailed to you. Please contact the Secretariat with the photo reference number from the website to arrange this.

GEOTECHNICAL GUIDELINES DOCUMENT

In previous issues of the Sand & Stone the CMPA has commented on the proposed Geotechnical Guidelines document that is being produced by DPI. A number of meetings were conducted by DPI seeking comments and suggestions for the guidelines and the CMPA did respond back with comments and suggestions on the details proposed.

The guidance material for the assessment of Geotechnical Risks at Open Pit and Quarries has now been finalised by the DPI and released as a public document. It can be found at the DPI website following the link: http://www.dpi.vic.gov.au/earthresources/minerals/technical-guidelines

REGIONAL DEVELOPMENT

In July 2012 CMPA attended a VECCI run Regional Business Convention which looked at issues associated with future business development in the Goldfields Region. Participants were either involved in business, government or community organisations.

A number of issues were discussed being:

• Regional competitiveness.
• Major barriers to regional development.
• Red Tape involving federal, state and local governments.
• Regional culture and attitude.
• What can governments do? and
• What can businesses do?

All discussions points were noted and will form the basis of a report for this Region that will be presented at the VECCI 2012 Regional Business Convention which will be in Geelong on the 19 October 2012.

MEMBERSHIP RENEWAL

Our sincere thanks to all Members who have renewed their membership for the 2012/13 financial year – without your support the CMPA could not continue its valuable work. It would be appreciated if all outstanding renewals could be completed by the end of October.

PROPOSED COST RECOVERY BY DPI

Bruce McClure CMPA General Manager recently attending a meeting at the Department of Primary Industries Earth Resources Development Division (DPI) where the issue of cost recovery from the Mining and Extractive Industries was discussed.

DPI has engaged Deloittee Access Economics to prepare a report ”Cost recovery review for regulations applicable to Victoria’s minerals and extractive industries”. While the issue of cost recovery within DPI has been raised at previous meetings, this is the first comprehensive report presented by DPI that deals specifically with this subject.

This obviously will impact on all CMPA members and a detailed review of the document will be finalised shortly. The CMPA will keep members informed on this issue.

ASSOCIATE COMMITTEE

We have a new look Associate Committee for 2012/13, with Tej Panesar (TSP Group of Companies) elected as the Associate Chairperson and Erik Birzulis (Landair Surveys), elected as Associate Vice Chairperson. There are also a few new faces added for the coming twelve months:

Rowena Cairns (Galesafe Weighing), Wayne Hanson (WAM Australia), Adrian Mason (ei engineering), Sharron O’Donoghue (Landmark Contracting), Chris Prowse (CK Prowse and Associates), Frank Santoro (Orica), Craig Staggard (Terex Jaques), Mark Thompson (Oli Vibrators) and Paul Timoney (Indeco Australia).

MEETING EXECUTIVE DIRECTOR EARTH RESOURCES DEVELOPMENT

Bruce McClure CMPA General Manager met in July with Chris Brooks, the recently appointed Executive Director Earth Resources Development at DPI.

Chris has replaced Mike Hollitt who has returned to the private mining sector. The meeting was an introductory meeting where a number of current issues under consideration by DPI were discussed.

SUBMISSION TO THE PRODUCTIVITY COMMISSION

The Productivity Commission recently completed a draft report on a study to benchmark the efficiency and quality of Commonwealth, State and Territory and Council of Australia Governments Regulatory Impact Analysis (RIA) processes.

The Commonwealth and each State and Territory have well established individual RIA processes to guide decision makers in respective jurisdictions in considering proposals for new or amended regulation, with the broad objectives of ensuring that such regulation is efficient, effective and supports well functioning markets. RIA processes also apply in respect of proposals for new or amended national regulatory initiatives being considered at the COAG level.

An effective RIS is crucial to the development of regulations over industry and in that sense the CMPA was keen to present its views and proposals for change to the Productivity Commission. The CMPA made a major submission to the Productivity Commission in May this year.

The draft report prepared by the Productivity Commission is very comprehensive and does comment on points raised in the CMPA submission in a number of locations. The CMPA will now examine this Productivity Commission draft report in detail but a preliminary investigation has shown that there are a number of areas in the report which the CMPA believe need to be followed up with further supporting information.

Consequently further comments and information will be submitted to the Productivity Commission for consider in the final report which will be presented to the Commonwealth Government in November 2012.

PERSONAL PROPERTY SECURITIES ACT

The new Personal Property Securities Act (PPSA), which is now in place, will dramatically change the way security is taken over personal property, impacting many businesses and individuals. The PPSA reform will require all forms of security interest, in respect to personal property, to be registered under the Personal Property Securities Register, a new and single online register controlled by the Insolvency and Trustee Service Australia. Replacing almost all existing Commonwealth, State and Territory laws and registers, the PPSA will aff ect such securities as:

• Company charges;
• Motor vehicles;
• Stock mortgages;
• Crops and livestock;
• Bills of sale;
• Intellectual property;
• Licences;
• Household items;
• Business and retail stock;
• Financial instruments such as shares;
• Business equipment; and
• Other securities, both tangible/intangible, which affect personal property rights.

Those that are refinancing, leasing assets, selling goods on credit or providing them on consignment should be most aware and should take the necessary steps to protect the interests of their business and to ensure compliance with the new provisions.

Businesses and individuals will need to:

• Review their business arrangements between group entities;
• Review their terms of supply;
• Review their financing arrangements and contracts;
• Identify the assets that will be affected by the new laws;
• Identify any transactions which need to be registered;
• Update their procedures for making new transactions;
• Update their existing arrangements, not currently considered to be security interests, and ensure that they’re registered;
• Review and redraft their terms;
• Ensure that registered security interests do not exceed expectations.

Businesses/individuals with ownership of an affected security interest and those that use retention of title arrangements in their business operations, or have used one which will remain in place when the PPSA commences, should seek professional advice now. Failing to prepare for and accommodate these new laws may result in a loss of assets.

HIGH RISK WORK – IS YOUR LICENCE VALID?

As of 1 July 2012 all certificates of competency issued by WorkSafe Victoria have expired and employers must not allow people to perform high risk work without a valid high risk work photo identification licence.

A licence to perform high risk work is required for people working with high risk equipment or plant including cranes and hoists, load shifting trucks and boom pumps, scaffolding and rigging, boilers and pressure equipment.

The requirement to hold a licence to perform high risk work instead of a certificate of competency was introduced under the Occupational Health and Safety Regulations 2007 and included a five-year period for certificate holders to transition across to a licence. This transition period ended on 30 June 2012.

The new licences incorporate photo identification, are valid for five years and are recognised in every Australian state and territory. They enable people to operate high risk equipment under consistent standards everywhere in Australia.

Current holders of high risk work licences (issued after 1 July 2007) will receive a renewal notice from WorkSafe Victoria 90 days before the expiry date.

Applications or alterations to licences can be organised through participating Australia Post outlets and from the WorkSafe Advisory Service by calling 1800 136 089 or emailing info@worksafe.vic.gov.au

RECENT EVENTS

The CMPA attended the Associate Members – GE Capital seminar on ‘Managing your Carbon Footprint’.

Gavin Moreira visited half a dozen Associate Members in the South East of Melbourne looking to gain a better understanding of member needs within the industry.

Bruce McClure attended the VECCI Regional Business Convention in Bendigo which looked at issues associated with future business development in the region.

Bruce McClure met with Chris Brooks, the recently appointed Executive Director Earth Resources Development at DPI.

CMPA attended the DPI Industry Stakeholders Meeting to discuss Mineral Resources (Sustainable Development) Act 1990 enforcement amendments and proposed cost recovery process.

Ron Kerr attended a Skills DMC teleconference as a part of the Extractive Sector Standing Committee.

CMPA met with Aquila Corporate Pty Ltd a new Associate member of the CMPA who can provide independent mergers, acquisition advice and capital raising services.

CMPA met with staff from Southern Medical Services Pty Ltd, Era Health to discuss progress on the CMPA Medical Guidelines and Employment Health Assessments review. A draft document has been released for comment.

CMPA members attended the CCAA Annual Dinner held in August 2012.

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