DPI Update (Issue 45)

JOHN MITAS, Chief Inspector of Mines and Quarries reports on the latest changes to the extractive industry regulatory framework.

INTRODUCTION OF NEW EXEMPTIONS FOR VICTORIA’S EXTRACTIVE INDUSTRIES

The Department of Primary Industries (DPI) advises that following new exemptions for extractive industries within Victoria will apply, as of 1 July 2009:

• Exemption from compliance with the entire Extractive Industries Development Act 1995 (EIDA) for extractive industries that are less than one hectare in area and less than two metres below the surface; and
• Exemption from the work plan requirements in section 17, 18 and 19(2) (a) of the EIDA for extractive industries that are less than five hectares in area and less than five metres in depth, provided that no blasting or native vegetation clearance occurs.

The exemptions are part of the Government’s response to recommendations of the Review of the Efficient Regulation of Victoria’s Extractive Industries that related to reducing red tape and introducing performance based regulation for the sector.

For extractive industries, the Victorian Government is introducing a new regulatory framework under the Mineral Resources (Sustainable Development) Act 1990 (MRSDA). Under the new framework, categories of extractive industries will be exempted from all or part of the MRSDA.

However, these exemptions will not start until the EIDA is repealed and new provisions for extractive industries are inserted into the MRSDA on 1 Jan. 2010.

Further information about these changes can be found on the DPI’s website at www.dpi.vic.gov.au/minpet

In order to introduce these changes as early as possible, the above exemptions will commence on 1 July 2009 under the existing EIDA. The exemptions were introduced by a Ministerial Notice printed in the Government Gazette on 25 June 2009.

WHAT ARE THE CONDITIONS OF WORKING WITHOUT A WORK PLAN?

As of 1 July 2009, all new extractive industries that are less than five hectares in area and less than five metres in depth, where blasting and native vegetation clearance are not required, will be exempt from the work plan requirements of EIDA. Such extractive industries must instead comply with the Code of Practice. These extractive industries will still require a work authority.

Existing extractive industries that are less than five hectares in area and less than five metres in depth, where blasting and native vegetation clearance are not required, will be given the option of complying with the Code of Practice rather than current work plan requirements. This option will also be available to extractive industries which have submitted an application for a work plan before 30 June In either case, these extractive industries will still require a work authority.

The Code of Practice will set out the obligations for operating such extractive sites under the regulatory framework. The Code of Practice is available online at www.dpi.vic.gov.au/minpet and commenced on 1 July 2009.

Compliance with the Code of Practice will be monitored via DPI’s usual enforcement activities, which include investigations and regular and random inspections of extractive industry sites.

If you are an eligible work authority holder and would prefer to comply with the Code of Practice, you will need to advise DPI in writing.

Please advise DPI by sending email to mpr.mail@dpi.vic.gov.au or by post to:
Manager – Minerals & Extractive Operations
Earth Resources Regulation Branch
Department of Primary Industries
GPO Box 4440
Melbourne VIC 3001

Further information on the changes to the EIDA and the Code of Practice and a set of Frequently Asked Questions are available on the DPI website (www.dpi.vic.gov.au/minpet) under What’s New.

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