New guidance by ERR about reportable events is available

Earth Resources Regulation (ERR) has published a new guidance note, Reportable Events – A Guide to Reporting under the Mineral Resources (Sustainable Development) Act 1990, to support quarry operators in fulfilling their legislative obligations around reportable events.

Under Section 77KA of the Mineral Resources (Sustainable Development) Act 1990, quarry operators must report any reportable event to Earth Resources Regulation in the first instance, as soon as practicable after the event occurs.

The Act refers to a ‘reportable event’ as an undesirable event arising from exploration, mining or extractive industries activities or work done under a minerals licence or extractive industries work authority.

As Acting Executive Director Jenine Smith explains, “if anything that poses a risk occurs on a quarry site, we want to hear about it, no matter whether it’s something fairly minor or somethingmore significant.”

“When deciding whether to report something, the rule of thumb is to immediately contact our Duty Officer on the dedicated 24 hour, seven days a week mobile number: 0419 597 010.”

“A quick call to this number is all it takes for a quarry operator to check whether an event is a possible reportable one and if so, to get the ball rolling on reporting it. Knowing you have done the right thing provides peace of mind.”

Table 1 lists the types of reportable events identified under Regulation 20(2) of the Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2019.

These events must be reported to Earth Resources Regulation regardless of other agencies, such as WorkSafe or the Environment Protection Authority (EPA), also being notified.

The new guidance note outlines a clear process, shown in diagram 1, to guide quarry operators in reporting events occurring onsite. The initial report to the Duty Officer must include:

• the date, time and place of the event
• a description of the event
• the steps taken to minimise the impact of the event.

Following the initial report, Earth Resources Regulation may require a written report, which must include information about:
• the date, time and place of the event
• details of the event, including its impact or likely impact on public safety, the environment or infrastructure
• any known or suspected causes of the event
• details of the actions taken to minimise the impact of the event
• details of action taken or proposed to be taken to prevent a recurrence of the event.

The written report must be provided as soon as practicable after the request is made.
“Complying with reportable events requirements helps to promote a culture of safety, continuous improvement and risk mitigation,” Ms Smith says.
“This enhances the industry’s reputation by instilling greater community confidence in quarry operators doing the right thing.”

“For Earth Resources Regulation, timely reporting allows us to assist emergency services providers in responding to events and to better coordinate regulatory activities with WorkSafe, EPA and other co-regulators.”

Reporting also supports the regulator in identifying trends and emerging issues as the basis for undertaking investigations and root cause analyses, which may inform the development of future guidance measures.

The new guidance note and information about reportable events can be found on the Earth Resources website (https://earthresources.vic.gov.au/legislation-and-regulations/guidelines-and-codes-of-practice/reportable-eventsand-reportable-incidents).

Reportable events notification contacts
Earth Resources Regulation Duty Officer:
0419 597 010 (24 hours)
Written notifications: ERRChiefInspector@ecodev.vic.gov.au

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