CHANGES TO QUARRYING LEGISLATION

With current and proposed changes to the way the quarrying industry will be regulated, the CMPA is urging Member’s to lobby Government. CMPA Executive Director ROGER BUCKLEY reports.

EXTRACTIVE industry is heading into a brave new world with the changes that came into effect on 1st July 2009 and the merger of the Extractive Industries Development Act 1995 (EIDA) with the Mineral Resources (Sustainable Development) Act 1990 (MRSDA), coming into effect 1st January 2010.

The CMPA strongly urges Members to be actively involved in discussing with Government the implications of these proposed changes to ensure a more efficient quarrying sector in the future.

This is an opportunity to influence the future direction of your industry.

Questions you may need answers for are:

APPROVALS PROCESS

• How has DPI reduced regulatory burden and streamlined approvals for the Work Authority holders?
• How will DPI ensure that the Work Plan approval process will not need multiple re-submissions to referral authorities and waste time and cost money in the future?

COMMUNITY CONSULTATION

• Why was regulated community consultation forced on industry?
• Where is the evidence in the quarrying sector that formal community consultation through Environment Review Committees or Stakeholder Reference Groups helps to reduce costs to the operator?
• Will Work Plan Variations require Community Engagement Plans? How will this reduce regulatory burden on the Work Authority holder?

CODE OF PRACTICE

• What will a Work Authority holder not have to do if they operate under the Code of Practice?

REHABILITATION BOND

• Why has the obligation of the rehabilitation bond been extended until there is “no potential for long term damage”?
• Will DPI accept alternative forms of bonds apart from bank guarantees that will be less of a burden on the operator?

NATIVE VEGETATION

• How does the new Native Vegetation Management Guide make applying the Native Vegetation Framework easier?

Government stewardship of resource

• How is DPI acting as the steward of the State’s extractive resource?

EQUITY WITH MINES

• Will the ownership of stone be changed to the Crown, like minerals?
• How will processing of mullock and tailings derived from a mining licence be treated so that it is equitable in the market place with construction sand sourced from a Work Authority?
• Will quarries be exempt from paying land tax in the future, like mines? If not why not?
• Will quarries be exempt from paying council rates in the future, like mines? If not why not?
• Is the royalty regime for quarrying consistent with minerals?
• Will the 100m rule be applicable to quarries as it is with mines and mineral exploration?
• Will quarrying continue to have separate Regulations to mining?
• Will DPI commit to a review of the new merged Act after 5 years to assess major issues that have developed?
• Will a Statement of Economic Significance of the value of quarrying compared to the value of agriculture be required, as is currently required for minerals?
• Will the current requirements for mining title holders to be a “fit and proper person” and have the proven financial capacity to conduct the proposed works be extended to Work Authority holders?

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