DPI UPDATE (Issue 24)
The Role of the Environmental Officer
Antony Nolan, Environmental Officer, Minerals and Petroleum Regulation Branch, DPI
The Minerals and Petroleum Division of the DPI is responsible for the sustainable development of Victoria’s mineral, petroleum and extractive industries. The Minerals & Petroleum Regulation Branch is responsible for tenement administration, regulation of work sites for environmental and safety management and certification of quarry managers and machinery uses.
As a result, the branch is the approval authority and regulator for miners rights, exploration licences, mining licences and work authorities to quarry stone and sand materials.
As an environmental officer, the primary role is to encourage and ensure compliance with the Extractive Industries Development Act 1996, Mineral Resources Development Act 1990 and the Pipelines Act 1967.
The core components include:
- assessment of new proposals
- assessment of variations to existing work authorities
- assessment of a site’s rehabilitation bond
- investigations of complaints/incidents
- regulation/enforcement of work plan conditions
- undertaking environmental audits
- reviewing environmental monitoring data
- participate in environmental review committees
To extract and remove stone from land requires a work authority from DPI. Before issuance, an applicant must obtain land owners consent, prepare work plans including a rehabilitation plan, receive planning approval, lodge a rehabilitation bond, obtain any other consents and lodge evidence of public liability insurance.
The prepared work plans must address schedule 3 of the Extractive Industries Development Regulations 1996. An assessment is undertaken to ensure plans provide sufficient information on the proposal, including location, description of the extraction and processing methods and rehabilitation plan.
The rehabilitation plan must take into account any special characteristics of the land or the surrounding environment. The proposal should include end use concepts for the site supported with plans and cross sections.
The final plan needs to include vegetation species, establishment methods, securing of dams and removal of plant and equipment. Prior to the granting of a work authority, a rehabilitation bond must be lodged.
The bond will be returned once the site has been satisfactorily rehabilitated. If rehabilitation is not completed to the specifications in the plan, part of the bond can be used to complete the outstanding works. It is policy that full rehabilitation liability for each development stage is covered within the bond.
As a result, there is an incentive to progressively rehabilitate sites to ensure the smallest area disturbed is open for the shortest period of time. The Department currently holds rehabilitation bonds for sites ranging from $3,000 for small sand quarries and up to $7,000,000 for large hard rock quarries.
For operating sites, the bond is assessed via field inspections every four to six years based on the size of the operation and it’s perceived environmental risk.
The bond is assessed again when variations to work plans are submitted. Bonds are reduced or returned on completion of rehabilitation works after consultation with the landowner and the respective Council.
Our policy is to respond to noncompliance with a graded enforcement approach, as below.
- Provide verbal advice and express concern;
- Issue an instruction, direction or notice;
- Issue an infringement notice;
- Issue an order to cease work;
- Initiate prosecution;
- Cancel the tenement.
These principles guide the policy; the enforcement response will be proportionate to the risk and/or the seriousness of the noncompliance.
An inspector may choose one or more actions when non-compliance is found. The Department’s enforcement response policy applies to the investigation of complaints and incidents that are conducted by inspectors.
All complaints are investigated which may lead to the collection of evidence relevant to the complaint or incident and the interview of persons linked to the situation. Formal interviews are recorded to ensure an accurate record. The interviewee is given a copy of the recording and any transcript.
Given proximity issues it is vital that operators maintain open communication lines with their neighbours. Environmental Review Committees are formed for sites that have a proximity to sensitive environmental or community locales.
ERCs have been in use at a number of Victorian extractive operations since the late 1980’s. The role of an ERC is one of consultation, not consent. An ERC cannot approve a work plan, agree to a variation, or approve a discharge.
An inspector participates in the ERC as their recommendations can assist the regulator in the assessment of the proposed changes to the operation and can influence the licensee in its management of the operation.
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