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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

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