Getting the Groundwork Right – Closure Report

By on June 11, 2021

DR ELIZABETH GIBSON, General Manager of the CMPA.

Many of you may remember in 2017 the review undertaken of Earth Resources Regulation (ERR) “Getting the Groundwork Right: Better Regulation of Mines and Quarries” (Report) undertaken by Anna Cronin Commissioner for Better Regulation in 2017.

The extractive industry was widely consulted including CMPA Members. Consultation was entered into in good faith, this being the third review of ERR in 5 years at that time. The good news, according to the closure report dated December 2020, is that many of the actions and recommendations have been delivered including “the backlog of at least 238 applications for
work plans and variations that were sitting with the Regulator in
2017 has been cleared completely”.

This may come as a surprise to those that have work plan/work plan variation applications submitted to ERR from this era.

It is believed that the Regulator was referring to the process whereby, to meet statutory timeframes, applications are returned to the proponent for further information before or on the 28th day from submission; or the proponent is requested to remove their application. Whilst some of the actions from the report have been delivered and should be recognised as
achievements of the Regulatory Transition Taskforce and Earth Resources Regulation, the focus will be on those actions that have been said to be delivered and diverging opinion.

It is disappointing that performance objectives for the replenishment of supply of construction materials have not been developed, though there has been assurance that new reporting requirements commencing 1 July 2021 will enable this (see page 15). This would then bring a focus on solving (potentially) the prime requirement that CMPA Members have to foster private capital investment: timely, proportionate and reasonable cost approvals process.

The former Minister for Resources Tim Pallas, MP and the current Minister for Resources Jaclyn Symes, MP are thanked for this key initiative together with Anna Cronin the Commissioner for Better Regulation.

The report may be found at: Getting the Groundwork Right Closure Report – Earth Resources

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