CURRENT ISSUES (Issue 7)

By on July 2, 2002

Bridge load limits bite at Strathbogie

Safety issues have forced the Strathbogie Shire Council to approve bridge gross load limits, affecting more than 40 bridges that were previously unrestricted. Strathbogie Shire determined almost 40 per cent of their 128 bridges required new load limits due to safety concerns. Under the Local Government Act (1989), councils have the authority to control the use of any road or bridge by any motor vehicle by size or weight.

While Strathbogie Shire is required to undertake a consultative period, it has approved the immediate imposition of amended or new gross load limits. The changes will see 44 bridges imposed with load limits between two and 30 tonnes, where no limits previously existed.

Violet Town Quarries is one member impacted by the changes. The action by Strathbogie Shire begs the question, are there other CMPA members whose councils are considering or even have taken similar action?

It may be we need to look at the issue. If you have been affected, or feel there is a threat, please contact the CMPA.

Vic Roads Specifications

At the CMPA Management Meeting 5/07/02, Mr Lindsay Coombs from Competition Economic Services P/L gave a report on issues relating to the changes to VicRoads specifications that could affect our members.

VicRoads need to be made aware of possible inadvertent commercial repercussions, which could result from the implementation of the specification changes in the current proposed form.

Mr Coombs has made himself available for a forthcoming meeting with VicRoads contracts people to try and inform them of this possible commercial predicament.

We look forward to continued consultation on this matter with Mr Coombs and bringing the matter to an amicable closure with VicRoads.

Less than half of Geopave/Vic Road proposed specification changes were found to be acceptable at a special CMPA Vic Roads Committee meeting held in May 24.

Of the items examined, only 46 per cent were acceptable to the meeting, 37 per cent contained sections not acceptable and 17 per cent of items contained areas that the group felt needed modification.

According to committee member Mark Wagner, there were severe implications should the changes be accepted as presented.

The issue of most concern was the increased role of post compaction results being interwoven into the specifications at the job site after the material is out of the supplier’s control. The inevitable result will be conflict with contractors and additional costs shrinking the already marginal road construction dollar.

Following the meeting, CMPA chair Ron Kerr wrote to Geopave/Vic Roads:

“Effectively the 812 section of the specifications ceases to enable the supplier to definitively deem the product to be correct in relation to the specifications within the confines of the supplier’s workplace,” he said in the letter.

“Taking into account the impact on the extractive industry suppliers the group felt that the contractor associations should have a very serious look at their section 304, also affected by the changes.

The clear distinction of the supplier being confident about a specification to work to and the contractor accepting the material within finite specification boundaries is now a flurry of confusion and uncertainty.”

The CMPA meeting also had concerns that there was an increasing cost disparity through compliance costs associated with supply and placement of crushed rock pavements between treatment of the in situ pavements and adding mechanical strength using materials from quarries.

Submissions called for National Competition Policy Extractive Industries review

The National Competition Policy report by Peter Day Consulting has been released regarding the Extractive Industries Development Act 1995. 

As with all NCP legislative review, the purpose is to identify restrictions on competition in the legislation being reviewed and to assess whether benefits of the restrictions to the community outweigh the costs and whether there are less restrictive approaches for achieving the objectives of the legislation.

The CMPA will be submitting to the review, and will examine the Government outcome to ensure all CMPA member concerns have been addressed.

Bonds- Where to Now?

Comments on the Rehabilitation Bond Report were due in by May 17.

Clearly what has been being highlighted from a two year review process is that the existing arrangements are unsustainable without both a commitment by the industry to engage ongoing rehabilitation into their daily operating costs, and a review of the mythologies and options available to support the liabilities associated with our extractive industry processes.

We believe the options are:

  • Review current Bond Assessment tool
  • Ongoing rehabilitation from day one
  • Tax per tonne system similar to South Australia
  • Discretionary fund – Similar to LEAF (Landfill Environmental Assurance Fund)

The CMPA is now working on presenting its response to the DNRE’s discussion paper, a Review of its policy on the ‘Determination and Application of Rehabilitation Bonds for Mining and Extractive Industries’.

CMPA members are reminded that both Dr David Prentice’s paper “Greener Quarries” and the DNRE discussion paper are available on the CMPA website.

Silica in Quarries

The DNRE is seeking assistance through the collection of personal and site monitoring data from all work authority holders.

CMPA Insurance

The annual ‘Directors and Officers Liability and Corporate Reimbursement Insurance’ is undergoing renewal for Management Committee Members.

In relation to the employment of Mark Halliday as Document Officer, the CMPA has applied for Workers Compensation Insurance through CGU.

Industrial Manslaughter Bill

The CMPA is supporting the State Opposition in relation to their stance on the Crimes (Industrial Manslaughter) Bill.

The Crimes (Industrial Manslaughter) Bill is expected to be presented to the Victorian Parliament in the future.

The Bill introduces higher penalties for workplace health and safety violations and introduces two new criminal offences – industrial manslaughter and negligently causing serious injury.

Work Authorities operating under commercial leases

The DNRE on behalf of the CMPA is currently collecting statistics on the number of Work Authorities operating under commercial leases.

This follows a letter sent to the EMIAB on the issue of unacceptable relationships between Work Authorities and planning permits where commercial leases are involved.

CMPA concerns include:

  • The possibility that a landlord can refuse to renew a lease and then be free to sell an established quarry site to a third party.
  • That the landlord’s consent can be withdrawn at will, bringing a Work Authority to an end.
  • The requirement for ongoing consent from the landlord may put the operator of the Work Authority in an unacceptable position in the event of a dispute or death; and
  • In the event of the landlord revoking his consent, the Work Authority holder’s bank guarantee becomes sterilised until the required rehabilitation works have been carried out and agreement reached by all interested parties.

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