Executive Summary - Earth Resources -...

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Earth Resources Regulation 2015-16 Statement of Expectations Action Plan achievements 28 February 2017

Transcript of Executive Summary - Earth Resources -...

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Earth Resources Regulation2015-16 Statement of Expectations Action Plan achievements

28 February 2017

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TABLE OF CONTENTS

Executive Summary...............................................................................................................................................2

1 Introduction...................................................................................................................................................4

2 Action Plan themes.......................................................................................................................................5

2.1 Role clarity....................................................................................................................................................5

2.2 Building capability and culture......................................................................................................................7

2.3 Risk-based strategies...................................................................................................................................8

2.4 Clear and consistent regulatory activities...................................................................................................11

2.5 Stakeholder consultation and engagement................................................................................................12

2.6 Timeliness...................................................................................................................................................16

2.7 Communication and transparency..............................................................................................................17

2.8 Continuous improvement............................................................................................................................18

3 Appendix.....................................................................................................................................................19

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Executive Summary

2015-16 Action Plan achievementsStatements of Expectations issued by Ministers to regulators are intended to set out clear expectations for regulators and to improve governance and performance. On 18 September 2015, the then Minister for Energy and Resources issued her Statement of Expectations for the Earth Resources Regulation (ERR) Branch of the Department of Economic Development, Jobs, Transport and Resources (the department). ERR is Victoria’s earth resources regulator. Its functions include licensing, risk management, compliance responsibilities and community engagement.

The Action Plan committed ERR to significantly improve regulatory governance and performance, including improving operations, capability and community engagement during the 2015-16 period. The Statement also included a number of policy and legislative reform priorities to complement the strengthening of the regulator.

The majority of the actions outlined in the Statement of Expectations have been achieved. These have ranged from enacting ERR’s leadership structure, clarifying the role of ERR compared to other areas involved in the earth resources sector and setting out a client service standard to introducing risk-based regulatory requirements and developing a stakeholder feedback mechanism. The achievements have focussed ERR to become a best practice regulator by aligning its operations in order to improve stakeholder and community confidence.

The reform of ERR during the 2015-16 year encouraged improvements in governance and operational arrangements to take place. Improvements in governance arrangements involved a transformation of business systems and processes to ensure proportional, consistent and justifiable decision making. Improvements in operational arrangements saw a realignment of ERR’s functions to enable effective management of the risks arising from the earth resources sector. These are all underpinned by ERR’s new leadership structure that is supporting the continued development of a high performance culture.

Most of the actions that were not achieved by 30 June 2016 are to be completed during the 2016-17 year. They include:

Establish a Victorian Earth Resources Regulators Forum to enable strategic coordination of the system for regulation

Establish an external technical expert panel

Publish final risk-based work plan guideline

Monitor and evaluate the performance of the compliance plan and report results

Publicly report against the client service standard

Identify and publish performance indicators to inform the public about applications and compliance activities and start reporting against them

Publish reports submitted by mine and quarry operators in accordance with legislative amendments

Require the highest risk sites to commence public reporting on their websites

One further action that was not achieved by 30 June 2016 is to be completed during the 2017-18 year. The action is to request operators of at least 50 high risk sites to move to risk based work plans.

A number of the policy and legislative reform priorities referenced in the 2015-16 Statement of Expectations are in progress. These actions will continue to be delivered through the policy areas of the Department, and updates provided through the Earth Resources Ministerial Advisory Council.

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These actions include:

Developing and implementing a new approach to resource development, including strategic planning and public interest zones.

Testing the framework approach for assessing earth resources rights allocations through a pilot project in the Stavely geological province and publishing it on the DEDJTR website.

Researching and consulting with stakeholders to identify options to reform Environment Review Committees.

Presenting recommendations for reforming Environment Review Committees to the Minister.

On 7 July 2016, the Minister for Resources issued his Statement of Expectations to the department for the 2016-17 year. In response, the department set out actions to be completed by 30 June 2017 that address:

Collaboration and coordination with co-regulators

Embedding a risk-based approach to regulation

More consistent, accountable and transparent regulatory practices

Effective, structured and proactive community engagement

Reducing regulatory burden on small business

Timeliness of responses

Improved reporting

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1 Introduction

Earth Resources Regulation Action PlanThe Action Plan sets out commitments to reform and improve the governance and performance of ERR of the department together with legislative reform through ERPP. The commitments in the Action Plan were developed in response to the Statement of Expectations issued by the Minister for Resources on 18 September 2015 regarding the regulation of the earth resources sector.

The Action Plan can be found here – http://earthresources.vic.gov.au/earth-resources-regulation/about-us/ministerial-statement-of-expectations/soe-2015-16/earth-resources-regulation-2015-16-action-plan

This report outlines progress in delivering on the Action Plan. It outlines progress against the eight themes of the Action Plan:

Role clarity

Building capability and culture

Risk-based strategies

Clear and consistent regulatory activities

Stakeholder consultation and engagement

Timeliness

Communication and transparency

Continuous improvement

This report also consolidates advice provided to the Minister for Resources on a weekly basis since the release of the Action Plan regarding the progress of delivering the commitments in the Action Plan.

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2 Action Plan themes

2.1 Role clarityERR’s purpose includes safeguarding the health and wellbeing of local communities and ensuring that earth resource developments do not pose environmental and public safety risks to the community. This is achieved in partnership with the earth resources industry and other stakeholders.

In order to achieve this, seven actions were completed as follows:

Table 1 – Role clarity actions

Action Strategy Lead Date(s) Status

1 New ERR leadership structure is enacted

ERR End Nov 2015

Complete – The new ERR leadership structure was enacted on 21 October 2015. An organisation chart is included in the Appendix. Directors were appointed and commenced in April 2016 to give effect to the new structure.

2 Clarify and communicate the roles of ERR, Minerals Development Victoria and the Mining Warden

ERR / ERPP

End Dec 2015

Complete – The DEDJTR website has been updated to clarify the roles of ERR, Minerals Development Victoria and the Mining Warden – http://earthresources.vic.gov.au/earth-resources-regulation/about-us

3 Review and update MOUs with relevant regulators and publish on DEDJTR website

ERR End Dec 2015

Complete – MOUs with co-regulators WorkSafe Victoria and the Environment Protection Authority were updated and published on ERR’s webpage found here – http://earthresources.vic.gov.au/earth-resources-regulation/licensing-and-approvals/minerals/memoranda

The MOU with Energy Safe Victoria and the Partnership Agreement with the Department of Environment, Land, Water and Planning continue to be implemented by ERR.

An MOU with the Country Fire Authority has been prepared and is expected to be approved in early 2017.

4 Rebuild ERR’s internal governance to embed business process and

ERR End Jan 2016

Complete – ERR’s internal governance has been rebuilt through filling of Director-level roles, scheduling regular executive team

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Action Strategy Lead Date(s) Status

performance improvements

(i.e. Directorate) meetings, establishment of a regulatory governance committee, as well as finalising business and communications plans. To monitor performance, a fit-for-purpose tool (Management Action Tracking Tool) has been developed that allows management to track actions and all of ERR’s reporting requirements. ERR will continue to further improve and build on existing governance foundations.

5 Establish a Victorian Earth Resources Regulators Forum to enable strategic coordination of the system for regulation

ERR End Jun 2016

Complete (late) – The first meeting of the Earth Resources Regulators Forum (ERRF) was convened and Terms of Reference agreed on 3 October 2016. An independent Chair has been appointed and presided over the second meeting.

6 Prepare a forward program of policy and legislative priorities for Ministerial consideration, including a plan to consult with stakeholders

ERPP End Nov 2015

Complete – A forward work program of policy and legislative priorities was submitted on 30 November 2015, and noted by the former Minister for Resources on 23 December 2015. Stakeholder consultation was incorporated into project planning for each of the priorities.

7 Prepare a plan for establishing a Community Advocate

ERPP End Mar 2016

Complete – Arrangements announced for Community Advisor and Education grants on 24 February 2017, as a trial program including the revised Big Hill Mine proposal.

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2.2 Building capability and cultureERR is committed to building a performance-oriented culture that is focused on outcomes. In order to achieve this, three actions were developed to be completed by 30 June 2016 as follows:

Table 2 – Capability and culture actions

Action Strategy Lead Date(s) Status

1 Establish a Mine Fire Safety Unit in ERR

ERR End Dec 2015

Complete (late) – The Mine Fire Safety Unit (now known as the Mine Fire and Emergency Unit) commenced in March 2016. Its commencement was delayed due to the difficulty in identifying and selecting suitable expertise. The structure of the Unit is detailed in the Appendix.

2 Establish an external technical expert panel

ERR End Mar 2016

Complete - This Action became Action 156 in the Hazelwood Mine Fire Inquiry: Victorian Government Implementation Plan, June 2016 which was due by 31 December 2016. The 29 expert panel members are now engaged by DEDJTR.

3 Develop and implement a capability strategy for ERR

ERR End Mar 2016

Complete – A Workforce and Capability Strategy has been developed and approved by the Executive Director, Earth Resources Regulation. It underpins ERR’s new structure and supported staff consultation, management of staff feedback and recruitment objectives to give effect to ERR’s new structure.

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2.3 Risk-based strategiesRisk management is an integral part of good regulatory administration and underpins many of the improvements aimed for. ERR is implementing key strategies to embed a risk-based approach to regulation and compliance.

In order to achieve this, eight actions completed as follows:

Table 3 – Risk-based strategy actions

Action Strategy Lead Date(s) Status

1 Complete development of a quantitative risk assessment tool for assessing risks at select earth resources sites

ERR End Dec 2015

Complete – The development of a site-based risk assessment tool was completed in November 2015 and has been used to support the development of a Compliance Plan (under the Compliance Strategy). The tool has also been used to identify high risk sites to be subject to the new legislative requirement of public reporting.

2 Develop architecture for risk management framework

ERR End Jan 2016

Complete – An Enterprise Risk Management Framework (ERMF) architecture was finalised in January 2016. The architecture outlines the overall structure of the ERMF. The ERMF is a key tool through which risk management principles will be embedded across all ERR activities, to ensure ERR becomes a modern, risk based regulator.

3 Roll out risk management framework

ERR End May 2016

Complete – The ERMF was rolled out in May 2016 and involved establishing a risk leadership team that became responsible for distribution and implementation of the Risk Management Policy. ERR committed in its response to the Minister for Resources’ 2016-17 Statement of Expectations to fully embedding the ERMF across all ERR activities by 31 June 2017.

4 Develop and implement a new approach to resource development, including strategic planning and public interest zones

ERPP End May 2016

Reprogrammed – The Department is progressively developing and implementing a new approach to enable minerals exploration and development focussing on the Stavely geological province. The approach involves strategic resource and related multiple land use planning, community

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Action Strategy Lead Date(s) Status

engagement and investment attraction.

Draft policy proposals drawing on the Stavely experience and relevant reviews (e.g. Victorian Auditor General Office 2015 review into unconventional gas) were presented to the Earth Resources Ministerial Advisory Council (ERMAC) for feedback in March and April 2016.

Further policy development and consultation will occur in 2017.

5 Test the framework approach for assessing earth resources rights allocations through a pilot project in the Stavely geological province and publish it on the DEDJTR website

ERPP End Jun 2016

Reprogrammed – On 7 April 2016, the former Minister for Resources approved an alternative pathway to deliver this item, in order to provide for more detailed consultation with ERMAC.

6 Provide a draft guideline to support preparation of risk-based work plans

ERR End Nov 2015

Complete – The draft guideline was made available to authority holders in November 2015. The guideline will be finalised and published after all feedback is been received by 30 November 2016 and thereafter considered.

7 Risk-based work plan taskforce will identify highest risk sites and request operators of at least 50 high risk sites to move to risk based work plans

ERR End Feb 2016

Sites identified, request delayed – The taskforce finalised the list of the top 50 highest risk sites. ERR has developed a staged approach, commencing in 2017-18, to request the operators of those sites to adopt the new risk-based work plan requirements. The delay will enable the top 50 sites to develop risk based work plans in accordance with the finalised guideline supporting the preparation of risk based work plans (to be published by mid-2017).

8 Publish final risk-based work plan guideline

ERR End Jun 2016

Guideline developed, publication delayed – The risk-based work plan guideline was finalised by 30 June 2016. It was provided to stakeholders for comment, which revealed that further development is required. The Stakeholder

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Action Strategy Lead Date(s) Status

Reference Group is examining its progress. The guidelines will be refined and published after consideration of the comments, anticipated to be in early 2017.

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2.4 Clear and consistent regulatory activitiesERR will develop its compliance approach based on good regulatory practice and recommendations from the Victorian Auditor-General’s Office Report Effectiveness of Compliance Activities: Departments of Primary industries and Sustainability and Environment (2012).

In order to achieve this, four actions were completed as follows:

Table 4 – Regulatory activity actions

Action Strategy Lead Date(s) Status

1 Fulfil ERR’s role relating to formal complaints lodged with the DEDJTR complaints system

ERR From Jan 2016

Complete – ERR aligned its complaints process with the department-wide system that commenced in April 2016. ERR collated and reviewed all potential sources of community reports (complaints) related to ERR along with reviewing ERR’s procedures and systems for capturing complaints to inform changes to ERR’s handling and reporting of complaints. This now ensures that ERR related complaints are managed consistently and effectively. The approach also leverages off the existing complaints functionality in RRAM to enable the public to submit complaints online via two ERR webpages:

About us – http://earthresources.vic.gov.au/earth-resources-regulation/about-us

Contact us – http://earthresources.vic.gov.au/earth-resources-regulation/Contact-us

2 Publish an Earth Resources Compliance Strategy, informed by a risk assessment and clear compliance principles

ERR End Jan 2016

Complete – ERR developed a Compliance Strategy applying the departmental compliance framework and risk assessment approach. It is found here - http://earthresources.vic.gov.au/earth-resources-regulation/about-us/ministerial-statement-of-expectations/soe-2015-16/our-compliance-strategy

3 Develop an annual compliance plan, outlining compliance activities, resources and compliance

ERR End Feb 2016

Complete – ERR finalised its annual compliance plan on 30 June 2016. The plan is a management tool that outlines compliance principles, regulatory activities and supports resource allocation.

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Action Strategy Lead Date(s) Status

principles

4 Monitor and evaluate the performance of the compliance plan and report results

ERR End June 2016

Rescheduled to 2016-17 – ERR developed key performance indicators that monitor and evaluate the performance of the compliance plan. ERR committed in its response to the Minister for Resources’ 2016-17 Statement of Expectations to commence quarterly reporting of regulatory decisions in January 2017.

2.5 Stakeholder consultation and engagementCommunity stakeholders provide ERR and regulated businesses with a social licence to operate. ERR committed to developing a new approach to guide its engagement with stakeholders. The new approach will include the development of a strategy that focuses on effective, structured engagement and consultation that is proactive on matters of concern to the community. A mechanism for members of the public, industry, other regulators and local governments to provide feedback to ERR is recognised as important. These measures will underpin open, transparent and inclusive processes

In order to achieve this, eight actions were completed as follows:

Table 5 – Stakeholder consultation and engagement actions

Action Strategy Lead Date(s) Status

1 Plan a new stakeholder engagement approach and deliver the following elements:

Conduct stakeholder engagement workshops to inform development of a stakeholder engagement strategy

Develop a stakeholder engagement strategy and publish the strategy for

ERR

End Dec 2015

End Feb 2016

Complete – ERR conducted workshops attended by community facilitators, industry bodies and government stakeholders in late 2015. Thereafter, ERR worked with the stakeholders aiming to balance the engagement needs and expectations of all its stakeholders. This work, along with researching national and international best practice, resulted in a draft three-year strategy which sets the direction of ERR’s stakeholder engagement approach to build and secure stakeholder confidence and trust in its work. This was finalised and published. It is found here - http://earthresources.vic.gov.au/earth-resources-regulation/about-us/earth-resources-regulations-stakeholder-engagement-strategy

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Action Strategy Lead Date(s) Status

comment

2 Research and consult with stakeholders to identify options to reform Environment Review Committees

ERPP End Apr 2016

Reprogrammed – Research into other jurisdictions' approaches to Environment Review Committees was conducted.

Consultation was undertaken with ERMAC in March and April 2016.

A survey was sent to Environment Review Committee members consulting them on options for reform of ERCs in April 2016.

Further policy development and consultation will occur in 2017.

3 Build capability in stakeholder engagement through training and acquiring additional workforce capacity

ERR End May 2016

Complete – A unit has been established within ERR that focuses on stakeholder engagement led by the newly appointed Director, Stakeholder Relations and Strategy. Further resources were recruited in January 2017 to enhance workforce capacity. A draft training plan has been prepared and will be finalised in January 2017.

4 Develop a stakeholder feedback mechanism

ERR End May 2016

Complete – A feedback and complaints section is located on the ERR website at the About Us and the Contact Us webpages. An online stakeholder feedback mechanism, new webpages, content and a dedicated feedback email address has been developed to allow for more effective stakeholder engagement and feedback to ERR.

5 Present recommendations for reforming Environment Review Committees to Minister

ERPP End Jun 2016

Reprogrammed – On 7 April 2016, the former Minister for Resources approved an alternative pathway to deliver this item, in order to provide for more detailed consultation with ERMAC.

6 Develop a web page on the DEDJTR website that outlines the role of the regulator and provides accessible information and services

ERR End Dec 2015

Complete – ERR revised its parent webpage containing information for the community and landowners regarding the role of ERR here – http://earthresources.vic.gov.au/earth-resources-regulation/information-for-community-and-landholders

7 Review ERR’s online presence to

ERR End Mar 2016

Complete – ERR explored options for other media and reviewed its online and

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Action Strategy Lead Date(s) Status

explore options for other electronic media to highlight the role of the regulator and improve timely access to information and services

print material found on the department’s website, the RRAM portal, the locality tool ‘Mining Licences Near Me’ and the GIS application ‘GeoVic’ and identified:

Over 180 webpages in addition to the dozens of ‘hidden pages’

Multiple instances of duplicate content

Out of date content

Poorly identified and organised content

Highly technical and difficult to read content

As a result, ERR completed an audit of all publications and reviewed its internet architecture to simplify the structure. This will be achieved in the redevelopment of the Earth Resources website. Exploring options for other media will continue to occur.

8 Review online and print materials to ensure that all publicly available information is accessible, comprehensible and suitable for a range of audiences. ERR will publish information on the rights and responsibilities of individuals and regulated businesses

ERR End Apr 2016

Complete – In addition to Action 7 above, new internal procedures and templates have been developed for guidelines and web content to ensure that information published on the website is accessible, comprehensible and suitable for a range of audiences. New information on the rights and responsibilities of individuals and regulated businesses is found here:

Community information – http://earthresources.vic.gov.au/earth-resources-regulation/information-for-community-and-landholders/stakeholder-consultation/information-for-community

Landowner information – http://earthresources.vic.gov.au/earth-resources-regulation/information-for-community-and-landholders/stakeholder-consultation/information-for-industry

Licensee information – http://earthresources.vic.gov.au/earth-resources-regulation/informa

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Action Strategy Lead Date(s) Status

tion-for-community-and-landholders/stakeholder-consultation/information-for-licensees

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2.6 Timeliness ERR committed to improving its standard of service to industry, especially in terms of the timeliness of its decision making. ERR has adopted a best-practice approach by developing a client service standard that sets out statutory timeframes and commitments regarding non-statutory timeframes, and reporting against this standard.

In order to achieve this, two actions were developed to be completed by 30 June 2016 as follows:

Table 6 – Timeliness actions

Action Strategy Lead Date(s) Status

1 Develop a client service standard that sets out timeframes for decision making

ERR End Feb 2016

Complete – A client service standard has been developed to apply to the Mineral Resources (Sustainable Development ) Act 1990 and other related Acts that sets out to improve ERR’s standard of service to industry with a particular focus on the timeliness of its decision making. It is found here - http://earthresources.vic.gov.au/earth-resources-regulation/about-us/ministerial-statement-of-expectations/soe-2015-16/our-client-service-standard

2 Publicly report against the client service standard

ERR From Jul 2016

Complete – Publicly reporting against the client service standard has commenced. The current report provides details of the challenging performance targets in order for ERR to achieve the long-term goal of becoming a best practice regulator. It is found here - http://earthresources.vic.gov.au/earth-resources-regulation/about-us/regulator-and-industry-reporting/earth-resources-regulation-performance-reporting

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2.7 Communication and transparencyERR committed to be more accountable and transparent about its decision making, from licence decisions through to compliance activities. Within existing legislation, ERR has progressively moved toward a presumption of openness and improved accessibility to regulatory information.

In order to achieve this, seven actions were developed to be completed by 30 June 2016 as follows:

Table 7 – Timeliness actions

Action Strategy Lead Date(s) Status

1 Release an Implementation Plan for public reporting by mine and quarry operations in accordance with legislative amendments

ERR End Nov 2015

Complete – A draft Implementation Plan for public reporting by mine and quarry operations in accordance with legislative amendments was released to allow stakeholder input in November 2015. Stakeholder feedback has been taken on board and ERR is now implementing the plan.

2 Identify and publish performance indicators to inform the public about applications and compliance activities and start reporting against them

ERR End Feb 2016

Complete – Key performance indicators regarding applications and compliance activities were identified in June 2016. ERR will commence reporting against the performance indicators from the end of Quarter 2 of 2016-17. The published key performance indicators are found here – http://earthresources.vic.gov.au/earth-resources-regulation/about-us/ministerial-statement-of-expectations/soe-2015-16/our-key-performance-indicators

3 Prepare and publish a guideline on transparency

ERR End Mar 2016

Complete – A transparency guideline has been published that sets out how all stakeholders are informed about earth resources policies and decisions that affect them. It is found here - http://earthresources.vic.gov.au/earth-resources-regulation/about-us/ministerial-statement-of-expectations/soe-2015-16/our-transparency-guidelines

4 Publish guidelines that clearly state the criteria used to assess the submitted documentation for approvals under each piece of legislation and for both licensing and

ERR End Mar 2016

Complete – An application assessment guideline has been published that sets out the criteria ERR uses to assess documentation for licensing approvals. It is found here - http://earthresources.vic.gov.au/earth-resources-regulation/about-us/ministerial-statement-of-expectations/soe-2015-16/our-application-

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Action Strategy Lead Date(s) Status

secondary approvals assessment-guidelines

5 Publish reports submitted by mine and quarry operators in accordance with legislative amendments

ERR End Mar 2016

Rescheduled to 2016-17 – related to action 6 below.

The former Minister for Resources determined that reporting for the period 2014/15 was not required. Instead, selected operators are to be required to report on the 2015/16 year. The Minister for Resources approved the implementation of the approach to public reporting on 4 October 2016. ERR will instruct the 27 sites identified to submit reports to ERR for publication on ERR’s website.

6 The highest risk sites will commence public reporting on their websites

ERR End Jun 2016

Rescheduled to 2016-17 – related to action 5 above.

The former Minister for Resources determined that reporting for the period 2014/15 was not required. Instead, selected operators are to be required to report on the 2015/16 year. The Minister for Resources approved the implementation of the approach to public reporting on 4 October 2016. The 27 sites identified will start reporting publicly on their websites, and ERR’s web page for Public Sustainability Reporting, from March 2017.

7 Publish information on regulatory decisions quarterly

ERR From Jul 2016

Ongoing – ERR sets out in its client service standard that quarterly reporting of regulatory decisions will commence from in January 2017.

2.8 Continuous improvementThe Action Plan included strategies to ensure ERR becomes a contemporary regulator that is aligned with government priorities and meets the expectations of its stakeholders. ERR committed to monitor and evaluate progress against the strategies to continuously improve regulatory outcomes and performance, which in turn will inform future improvement plans.

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3 Appendix

Earth Resources Regulation

31 October 2016

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