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DPI Update (Issue 48)

By on January 18, 2010

JOHN MITAS, Manager Minerals & Extractive Operations reports on the new regulatory framework for Victoria’s extractive industries.

ON 1 January 2010, the Extractive Industries Development Act 1995 (EIDA) will be repealed and the Mineral Resources (Sustainable Development) Act 1990 (MRSDA) will apply to Victoria’s extractive industries.

Many of the existing provisions in the EIDA will be re-enacted in the MRSDA. However, some changes have been made, including:

  • The exemption of sites of up to five hectares in area and five metres in depth (where no blasting or clearing of native vegetation is required) from work plan requirements;
  • The removal of the requirement to apply for a planning permit where an Environment Effects Statement is prepared;
  • The introduction of a duty to consult with the community;
  • The introduction of a community engagement plan as part of the work plan;
  • The removal of private landowner consent provisions from the MRSDA, so that such consent is treated as a private commercial arrangement; and
  • Code of Practices can be developed for extractive industries.

A Ministerial Notice has also been made under the MRSDA. The Ministerial Notice consolidates and re-enacts the existing exemptions for extractive industries.

Existing work authority holders and new applicants are encouraged to visit the DPI website, www.dpi.vic.gov.au, for further information about the changes.

COMMUNITY ENGAGEMENT

Changes to legislation require, as of 1 January 2010, Extractive Industry operators to submit Community Engagement (CE) Plans as part of their work plan approval process and to consult with community throughout the life of the authority.

To assist operators who are still a little unsure of the legislative requirements, DPI’s Earth Resources Division are offering a 1 day training course specifically aimed at the small to medium mining and extractive industry operators. By the end of the training operator’s should know how to respond to community expectations and have prepared the first draft of their CE Plan.

The training will be conducted in Benalla, Ballarat, Bendigo,Melbourne and Traralgon during 17- 22 February 2010. The cost is$50 per day and includes course material and lunch.

Bookings are required and numbers are limited. For further information and a registration form contact Jo Iskandar, Community Engagement Project Officer, DPI on (03) 9658 4462 or jo.iskandar@dpi.vic.gov.au RSVP by 29th January 2010.

CMPA COMMENT ON COMMUNITY ENGAGEMENT

The CMPA has made numerous submissions to DPI on the lack of any evidence of benefit to the industry for the legislative requirement for CE Plans.

These points include:

  • The 2008 Review of Extractive Industries made no mention of the requirement for CE Plans.
  • They duplicate the existing planning permit application requirement to consult with the local community.
  • Government refuses to acknowledge the full cost to industry of this new red tape.
  • The latest Regulatory Impact Statement from DPI fails to identify any benefit to industry from community engagement.
  • Cost estimates for CE Plans for a moderate operation are an extra $52,000 in gaining approvals and an extra $17,000 per year for ongoing consultations.

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