Disturbance area in Work Authority too small?
By now, most quarry operators will be aware that ERR have stepped up their inspections of quarries. One of the issues identified thus far is a lack of progressive rehabilitation. The ERR website says: “Progressive rehabilitation will remain a focus on future inspections.”
For those sites that are just a bit behind in their rehabilitation, a campaign of work could fix it. But for some sites, the fix might not be so simple.
It can sometimes be the case that the maximum area of disturbance quoted in the Work Plan is too small. Perhaps the disturbance area was large enough to begin with, but as the quarry grows, the amount of open area needed has also grown. Perhaps the disturbance area was underestimated at the beginning.
Step 1: Obtain a copy of “Preparation of Work Plans and Work Plan Variations.” This guideline is available from ERR’s website https://resources.vic.gov.au/.
Chapter 3 of the guideline describes the process for making changes. It is likely that a minor change to the Work Plan could be affected via Administrative Update,” sometimes referred to as a Notification.
Step 2: Read through your Work Plan and make a list of all the sections of the Work Plan that would be impacted by the change. It may only be one sentence. Also, check the Planning Permit to see if there are any Planning Permit conditions that might be impacted.
Step 3: Submit your proposition to [email protected] and describe the present detail and required change. Your email will go something like this: The current work plan description says that the maximum open area of the pit will be no more than 3.5ha. It is proposed to increase that area to 6.0ha. Could ERR confirm that this change can be made via “Administrative Update?” ERR will then respond with advice on how to proceed.
Step 4: Consider the risks that may be impacted by the change. Yes, but this kind of change is not likely to increase the risk profile of the quarry. Let’s press on.
Step 5: Consult council. This is the crux of the journey. The notification process is not available where the changes would trigger an amendment to the Planning Permit. You need a letter from council to confirm that the proposed change can proceed under the existing Planning Permit.
Supply the municipal planners with the details.
- A copy of the workplan
- A copy of the Planning Permit
- A description of proposed change
- A description of new or elevated risks
In most cases there will not be any new or elevated risks. Ask council
whether the planning permit needs to be altered or if the change can be accommodated by the existing planning permit. But also ask council upfront that, if it is ruled that planning permission is required, which Planning Permit condition is impacted and why.
In most cases there will not be any new or elevated risks. Ask council
whether the planning permit needs to be altered or if the change can be accommodated by the existing planning permit. But also ask council upfront that, if it is ruled that planning permission is required, which Planning Permit condition is impacted and why.
Step 6: Engage with other stakeholders that may be impacted. ERR will advise as mentioned in Step 3 above. For this kind of change, it is unlikely that there are going to be any other stakeholders impacted.
Step 7: With reference to Chapter 3 of the guideline, submit the package of information to [email protected] If the “Administrative Update” is approved, it will be annexed to Work Plan to be read in conjunction with the Work Plan.
You will then be able to operate your quarry without being too cramped. But the bad news – your bond will go up.
So why not have a go at an Administrative Update D-I-Y? And if you
get stuck half way you can always get in touch with Chris Drury.
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