Up & Coming Geoscientists - a sample of our AIG Honours Bursary Recipients
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“<br />
Arguably the biggest change to the VALMIN Code<br />
is the removal <strong>of</strong> the principle <strong>of</strong> Independence.”<br />
The changing Australian regulatory<br />
new committee member, with each working<br />
framework surrounding the VALMIN<br />
group focussed on a set section <strong>of</strong> the draft<br />
Code necessitated additional stakeholder code. The intent <strong>of</strong> this process was to share<br />
consultation and resulted in delays to the knowledge and provide fresh perspectives<br />
Valmin Code Changes<br />
© ingimage.com<br />
These changes are the result <strong>of</strong> a review<br />
process that began in 2010 with the VALMIN<br />
Committee undertaking an extensive<br />
stakeholder consultation process. Initially,<br />
this involved interviews with a cross-section<br />
<strong>of</strong> stakeholders to determine what were<br />
issues that needed to be addressed and<br />
improvements that could be made. Having<br />
gained an insight into stakeholder perceptions,<br />
seminars were run in Perth in October 2011<br />
and a second seminar held in Brisbane in<br />
April 2012. These seminars served to raise<br />
the awareness <strong>of</strong> the VALMIN Code’s review<br />
process and gain additional feedback. The<br />
VALMIN review process coincided with a<br />
period when a number <strong>of</strong> significant changes<br />
in regulatory reporting had also come into<br />
effect, such as:<br />
• ASIC Regulatory Guide 111 (Content<br />
<strong>of</strong> Expert Reports) and 112 RG112<br />
(Independence <strong>of</strong> Experts) which were<br />
released on 1 March 2011; and<br />
• Finalisation <strong>of</strong> the draft edition <strong>of</strong> the<br />
2012 edition <strong>of</strong> the JORC Code and<br />
the corresponding ASX Listing Rules<br />
(Chapter 5).<br />
process. The initial draft was circulated<br />
in November 2013 to key stakeholders<br />
comprising <strong>of</strong> <strong>AIG</strong>, AusIMM, MCA , ASX,<br />
ASIC, PESA and key industry practitioners.<br />
Extensive suggestions and comments on<br />
this draft were received by April 2014, but<br />
unfortunately it took until late 2014 to get the<br />
necessary feedback from all the stakeholders.<br />
Having incorporated the comments from<br />
the regulators, a public exposure draft was<br />
released for comment in April 2015.<br />
To assist in putting the proposed changes to<br />
the VALMIN Code into context and to collate<br />
further feedback, an exposure draft webinar<br />
was held in June 2015 prior to the closure<br />
<strong>of</strong> the public consultation process on<br />
17 July 2015.<br />
In recognition <strong>of</strong> the increasing workload<br />
due to the public submissions and subsequent<br />
marketing, the VALMIN Committee was<br />
expanded from seven to twelve members. In<br />
selecting the new members, an emphasis was<br />
placed on diversifying the skill and experience<br />
base <strong>of</strong> the committee. This expansion<br />
allowed the VALMIN Committee to benefit<br />
from insights from regulatory, legal, JORC<br />
Code and international perspectives.<br />
The public consultation submissions<br />
were allocated to small working groups<br />
comprised <strong>of</strong> at least one existing and one<br />
on the code. In December 2015 following<br />
engagement with the regulators on the<br />
penultimate draft, the <strong>AIG</strong> and AusIMM<br />
parent bodies <strong>of</strong> the VALMIN Code gave their<br />
approval and the finalised document was<br />
publicly released on 13 January 2016.<br />
A side-by-side comparison between the<br />
VALMIN Code (2005 Edition) and VALMIN<br />
Code (2015 Edition) is difficult due to the<br />
reorganisation <strong>of</strong> the document. The VALMIN<br />
Code now separates technical assessments<br />
and valuations into distinct sections. This<br />
structure makes the document more<br />
readable, easier to follow and more concise<br />
for practitioners only wanting to read the<br />
requirements <strong>of</strong> a technical assessment.<br />
Arguably the biggest change to the<br />
VALMIN Code is the removal <strong>of</strong> the principle<br />
<strong>of</strong> Independence. This former requirement<br />
resulted in the VALMIN Code becoming<br />
a code that was exclusively applied to<br />
consultants. The effect <strong>of</strong> removing the<br />
Independence principles is that it allows<br />
the author <strong>of</strong> a report to be an employee<br />
<strong>of</strong> the commissioning entity, as is the case<br />
with the JORC Code. The author(s) are still<br />
required to be reasonable and objective, and<br />
the Corporations Act, as discussed in ASIC<br />
RG111, outlines when there is a need to be<br />
independent.<br />
<strong>AIG</strong> NEWS Issue 123 · February 2016 39