Earth Resources Regulation (ERR) – Notifications

Have you considered an administrative update to save time and money when requesting a work plan change? Anthony Hurst, Executive Director, Earth Resources Regulation provides details.

Quarry operators wanting to make a change to their extractive operations without the need for a work plan or variation can contact Earth Resources Regulation for an ‘administrative update’, previously and commonly referred to as a notification.

An administrative update can save time and money by implementing changes to a work plan that otherwise would have been subject to a statutory variation process. Administrative updates are applicable to operations that require an approved work plan to operate, meaning they are on land that is greater than 5 hectares and at a depth greater than 5 metres.

Earth Resources Regulation may consider an administrative update where:

• There is no significant increase in risk arising from the change in works
• Council has been consulted and confirms in writing that the works do not require an amendment to the planning permit
• Relevant referral agencies have been consulted and confirmed that the works can be categorised as low or medium risk.

Some examples of where an administrative update might be feasible include an increase to pit depth, modification or relocation of plant, increase in production rate, relocation of a haul road, etc.

Earth Resources Regulation accepted an administrative update from Lima South Quarry Pty Ltd, the operator of the Lima South quarry, near Benalla, to replace three old mobile crushing plants with a new fixed crusher and conveyor.The administrative update delivered several positive outcomes:

The three old mobile crushing plants had a running average of 250 tonnes per hour per plant with an uptime of around 60 percent, whereas the new plant is capable of 550 tonnes per hour with an uptime of around 95 percent.

The sale of quarry products increased twenty fold from 2009 to 2018/19.

For the same period, jobs at the quarry increased from three to around 60 full-time staff, including six school-based apprenticeships and seven full-time apprentices.

Similarly, the number of subcontractors increased from a few to around 16.

Importantly, by following the faster administrative update pathway, Lima South Quarries was able to reduce its noise and dust emissions, thereby controlling two of the most common risks associated with quarries.

Some other examples of how operators have applied an administrative update include:

• A Rockbank quarry has been able to expand extraction limits within its approved Work Authority area by three hectares
• A quarry in Whittlesea has changed the route of a haul road
• Stone being used for the construction of a wind farm can now also be used to build solar and battery storage infrastructure

Over the past two years Earth Resources Regulation has received over 40 requests for administrative updates to extractive industry work plans. The time taken to process these proposals varies depending on individual scenarios and the quality of a submission – in particular, the accuracy and completeness of the information provided by the quarry operator, the level of complexity of the change proposal, whether a site assessment is required, and appropriateness of the risk assessment provided.

Importantly, operators can speed-up the process to complete an administrative change by engaging as early as possible with their local council and any other co-regulators, as relevant to their proposal.

Another good example of how quarry operators are taking advantage of the administrative update pathway is Dandy Premix Quarries at Grantville. Dandy Premix submitted an administrative update to expand a temporary overburden stockpile from 2.4 to 8.8ha to assist in materials management and to extend an existing haul road to a future extraction area.

After consulting with the relevant Council to obtain Secondary Consent, DELWP and Melbourne Water to confirm that no further planning approval was required, completing a geotechnical risk assessment on the overburden dump design and an assessment on surface water drainage, Dandy Premix submitted an administrative update accompanied with all of the supporting documentation to Earth Resources Regulation on 29 November 2019. Earth Resources Regulation were able to acknowledge the change to the work plan on 17 December 2019 – 12 working days later.

The option for an administrative update over a variation was formalised in July 2018. In 2019 Earth Resources Regulation engaged an independent consultant to review the newly introduced administrative update process. Findings from the review are positive:

Administrative updates enable industry to implement changes more quickly.

Industry report that the introduction of administrative updates has enabled them to implement changes that otherwise would have been subject to a non-statutory variation process. In some cases, this has enabled them to bring forward production by up to 12 months. Quarry operators reported benefits in reduced time and opportunity costs.

Administrative updates provide quarry operators with the opportunity to make changes more frequently.

The notification pathway provides an opportunity for operators to put through changes more often, rather than backlogging planned changes until in a position to submit a variation.

Administrative update pathway decreases the costs associated with external consultants.

Quarry operators report that the notification pathway has enabled them to complete notifications internally, rather than relying on external consultants and their associated costs.

Administrative update pathway and updated processes cultivate trust between the operator and regulator.

Overall, operators were appreciative of the introduction of the notification pathway, reporting that it has built their confidence that the regulator is seeking different ways to better assist them, while maintaining public and environmental safeguards.

The risk assessment step requires the most effort of operators in both the administrative update and variation pathways.

According to industry feedback, the risk assessment steps require the most effort on the part of operators as compared to other steps in the process. This is particularly the case among those who have not moved to modern risk-based work plans.

In addition, analysis of survey responses and Earth Resources Regulation data indicates that there are savings to industry associated with the introduction of the administrative update pathway. As compared to submitting and processing a variation, administrative updates on average save*:

• 120 days in total lapsed time
• 6 days in operator effort to prepare and manage a submission
• $58,000 in total costs.

*These estimates are indicative only and are based on a small sample size.

Consultation with industry indicates that the introduction of the administrative update pathway has not only reduced the direct time and costs of business but has enabled them to expedite changes, including enabling increased production across their operations.

In the event, as an operator, you’re considering submitting an administrative update application, Earth Resources Regulation suggests that you seek their guidance before preparing the proposal to determine whether your situation is appropriate and to identify the risks you should consider and potential co-regulators you will need to consult with. This will ensure your administrative update is processed as quickly and as smoothly
as possible. Alternatively, advice will be provided on how to apply for a work plan variation.

A guideline document for extractives, which includes the administrative update process is available on the Earth Resources website. An updated version is due to be released shortly.

If you are considering submitting an administrative update to change your extractive activities without the need for a work plan or variation, contact Earth Resources Regulation today at workplan.approvals@ecodev.vic.gov.au

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