Better Approvals for Regulators

DR ELIZABETH GIBSON, CMPA General Manager

A meeting was held with Earth Resources Regulation (ERR), Industry Representatives, Commissioner for Better Regulation and Nous Group after numerous complaints made to the Treasurer, Minister for Resources and Commissioner for Better Regulation concerning delays in the work plan approvals process in ERR. Most notably the back and forth of applications
between the proponent and ERR’s approval team who on occasions then send off for legal opinion.

The Better Approvals for Regulators (BAR) Project commenced on 30 August 2021 with Nous consultancy.

Context
• The role of ERR is to facilitate the development of the extractive industry within the bounds of the Regulations. ERR needs to:
 Communicate with the extractive industry and other stakeholders;
 Cultural change: reject incomplete applications and to refrain from seeking needless legal advice;
 Need an enabling framework to deliver improvements;
 Complaints mechanism without fear of retribution.

• ERR: Proposed actions:
 Internal review into governance with a 3-month trial;
 Early rejection where there are significant deficiencies in the application;
 Offer pre-submission consultation on geotechnical requirements;
 ERR will not consult directly with the referral authorities, the proponent will take on that role.

The proposed scope of BAR should cover:
 Clarification of ERR’s core regulatory areas: slimes dams, geotechnical risk and rehabilitation, proponent should work directly with EPA on noise, dust and water issues;
 Bring forward the evaluation of guidelines, e.g., ERR Geotechnical Guidelines;
 Investigate option to decouple review of rehabilitation plan from routine work plan variations.
• Nous consultancy: To evaluate a mechanism for:
 Reduction of back and forth of applications through a pre-application process;
 Reduction of application process timeline through referring to referral authorities immediately on submission of work plan application;
 Consideration of a review and escalation process to resolve matters more quickly;
 Clarification of performance metrics for regulatory processes and outcomes.
• There would be an opportunity through workshops for CMPA Members to become involved, though the Workshops were not held until Phase 1 of the BAR project had been completed.

ERR recently hosted an extractive industry information session 11 May 2022 to introduce improvements that they are making to the workplan assessment process as a result of their participation in the Commissioner for Better Regulation’s Better Approvals for Regulators (BAR) program.

At this session ERR introduced their new:
• Draft geotechnical engagement sessions
Purpose:
“The following information has been prepared to help extractive industry applicants enroll in geotechnical engagement sessions with Earth Resources Regulation, during the work plan application or variation phase. Geotechnical engagement sessions aim to reduce change requests by providing greater clarity upfront and address industry feedback that they often feel ‘stuck in an endless loop’.”

• Draft pre-submission checklist
Purpose:
“This checklist is for proponents to fill out prior to submitting a work plan or work plan variation application to ensure the application is complete and of high-quality. If the items on this checklist are properly addressed, the extent of change requests will be reduced.”

• Draft site meeting pack
Purpose:
“The purpose of the site meeting is to provide an opportunity for the relevant agencies to understand the potential impacts of your proposal on their area of responsibility, and for you to understand the requirements of each authority, agency, ERR and council so that you can address these issues during development of your work plan documentation.”

The above documents are currently available from https:// earthresources.vic.gov.au/legislation-and-regulations/ regulation-review-and-reform/better-approvals

The CMPA Secretariat will provide written comment to ERR on the draft documents by 10 June 2022 and continue to work with ERR to enable positive performance outcomes with Phase 2 of the BAR project.

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