Eltirus

Different states have differing requirements for the provision of engineering services in addition to the relevant regulatory requirements. Steve Franklin, founder of Eltirus, explains how these might apply to quarry businesses.

Would you employ a quarry manager who did not have the required certification for the state you operate in and the size of your operation? How about using an electrician to do work who didn’t have the appropriate licence?

These questions might seem surprising, but while we are all used to checking and ensuring that quarry managers, supervisors and trades people have the required licences and certifications, similar requirements for mining (and other) engineers exist that you may not be aware of.

Queensland
Queensland has a specific requirement in relation to engineering services that you should be aware of. Per the Board of Professional Engineers of Queensland (BPEQ), “Engineers carry out highly complex work and it is appropriate – just like many other professions – that they meet and uphold high standards of professional practice. The PE Act requires that anyone carrying out a professional engineering service in Queensland or for Queensland must meet these standards and then be registered as a registered professional engineer of Queensland (RPEQ). This ensures that only qualified, competent and experienced professionals design, build, maintain and develop the, infrastructure we use every day.”

They define a Professional Engineering Service as an engineering service that requires or is based on the application of engineering principles and data to a design or to a construction, production, operation, or maintenance activity relating to engineering. They further note that if you are an engineer from interstate or overseas carrying out a professional engineering service for a Queensland-based project, you are required to be a RPEQ or be directly supervised by a RPEQ. Regardless of whether any of the work is physically undertaken in Queensland, the PE Act applies on an extraterritorial basis.

In essence, what this means is that anyone providing quarry (or other) engineering services such as designing a quarry or extensions to one needs to be an RPEQ if the work is delivered for a Queensland site or done by a Queensland company for a site in another state.

You should expect anyone conducting engineering work for you is a chartered professional engineer. Image: Eltirus

The only option for a non-RPEQ engineer is to carry out all professional engineering services under the direct supervision of a RPEQ who is responsible for the services. The PE Act states that a person can carry out professional engineering services in Queensland or for Queensland whilst unregistered if they are carrying out the services under the direct supervision of a RPEQ who is responsible for the services.

The BPEQ take this requirement seriously as evidenced by several prosecutions of those who have conducted engineering work without being an RPEQ.

To become an RPEQ, the person needs to hold a recognised engineering degree, have some 4-5 years of experience and then go through an assessment (by AusIMM) and registration process. Our experience is that this is generally a 12-month process. They also need to undertake a minimum of 150 hours of structured continuing professional development over a three-year period.

In short, if you are a Queensland based company, don’t let quarry engineering work be done for you by geologists, draftspeople, or non-RPEQ engineers.

ACT
The ACT’s Professional Engineers Registration Scheme opened for applications on 6 March 2024 for those providing professional engineering services in the civil and structural areas of engineering.

From 6 March 2025, all professional engineers will be required to be registered and will be subject to compliance and enforcement activity.

New South Wales
New South Wales does not have an equivalent to the Queensland RPEQ system, except in relation to work on buildings (since 2021).There does not appear to be any other requirements other than those noted under the Quarry Manager Practising Certificate scheme.

Victoria
The Professional Engineers Registration Act 2019 commenced on 1 July 2021. Consumer Affairs Victoria (CAV) manage this scheme and note that a professional engineering service is an engineering service that requires, or is based on, the application of engineering principles and data to:

• a design relating to engineering, or a construction, production, operation or maintenance activity relating to engineering.

There is a lot to know about the different jurisdictions and their approaches. Image: Eltirus

According to CAV, professional engineering services are a specialist subset of engineering services. They are distinguished from other engineering services by a high degree of engineering judgement, knowledge and skill. Many, but not all, engineering services are professional engineering services. Professional engineering service is an engineering service that requires, or is based on, the application of engineering principles and data to a:

• design relating to engineering, or construction, production, operation or maintenance activity relating to engineering – other than an engineering service that is provided only in accordance with a prescriptive standard.

There is an exemption of work conducted under a prescriptive standard and it is worth understanding just what that is, per Practice Note – What is a prescriptive standard?

For a standard to be a prescriptive standard it must meet four criteria. It must:

• Be a document
• State procedures or criteria for carrying out the design, or the construction or production activity to which it relates
• Require little or no engineering judgement to apply the stated procedures or criteria, and
• Not require advanced scientifically based calculations to apply the stated procedures or criteria.

In short it is unlikely that quarry design is going to be exempted, and we expect this to be considered as a professional engineering service.

To become a registered professional engineer, the person needs to hold a recognised engineering degree, have some five years of experience working in the relevant area or areas of engineering, undergo an assessment (by AusIMM) and abide by the code of conduct for professional engineers.

South Australia
There is currently no requirement for engineers in South Australia to be registered or to have particular qualifications.

In 2023, the Government of South Australia started developing a registration scheme for professional engineers. Initially, this is only intended to cover engineers who provide services related to construction work but the scheme is likely to be expanded to cover other fields of engineering at a later stage. Only engineers working at the professional level would need to be registered, not those working under the direct supervision of a registered professional engineer.

Registration would apply to engineers who reside in South Australia and are providing services for a South Australian project or a project in another state or territory. Engineers residing outside South Australia would also need to register where providing services for a South Australian project.

A combination of qualifications, based on those in the Washington Accord, and experience would be required for registration. These would be assessed by approved Assessment Entities. Consumer and Business Services would be the registration and regulatory agency. Registered professional engineers would need to complete continuing professional development activities to retain their registration.

Western Australia
Engineering registration has recently come into effect in Western Australia as part of the Building Engineers Registration Scheme. Eligible mining engineers can begin their applications to become registered with the Department of Energy, Mines, Industry Regulation and Safety.

Take the time to understand the relevant legislation in your jurisdiction. Image: Eltirus

By 1 July 2025, civil and mining engineers will be able to apply and then have two years to gain registration. During the two years they can continue to work unregistered with mandatory registration kicking in on 1 July 2027.

Unlike other states Western Australia has three different levels of qualification – professional, technologist and associate.

Continuing Professional Development is as per the relevant AusIMM requirements.

Not just the professional engineer needs to be registered, but in some cases the company providing the service as well.

Tasmania
In Tasmania, the Consumer, Building and Occupational Services registers engineers. There are three sub-classes of Licenced Engineers – fire safety, building services and civil.

Automatic mutual recognition
Automatic Mutual Recognition (AMR) allows engineers registered in one Australian state or territory to work in another without needing to apply for a new registration. This said, take the time to ensure that all the relevant conditions are met – there are some exemptions.

Summary
Please note that nothing in this article should be construed as legal advice.

There is a lot to know about the different jurisdictions and their approaches. Make sure you take the time to understand the relevant legislation in your jurisdiction and if in doubt speak to the relevant professional engineering association in your state or your regulator.

Regardless of the state that you are in, you should expect anyone conducting engineering work for you is a Chartered Professional engineer with at least five years of experience.

Take the time to check, it might just save you a lot of trouble in the future.

This article was originally published in Quarry Magazine – click here to view original article.

To find out more, contact Steve Franklin on +61 474 183 939 or steve.franklin@eltirus.com