Inside track: Transport, Shipping & Logistics

Dee Yonker

In the media

International commercial arbitration and COVID-19 Many of the leading arbitral institutions, including the Australian Centre for International Commercial Arbitration (ACICA), have very quickly adopted new rules and procedures for the use of technology and conduct of virtual arbitrations, after commercial activities in Australia and elsewhere in the world were severely disrupted by coronavirus (12 March 2021). More…

Panama calls for IMO to mediate crew change for ships caught off China The Republic of Panama, as the flag state for many of the stranded ships, is calling on the International Maritime Organization to get involved to mediate the dispute. vessels are fully loaded with imported coal from Australia that China has refused to accept due to a political dispute between the two countries (20 March 2021). More…

Shipping competition reform APSA and FTA met with the ACCC stating that the events over the last 12 months have re-affirmed our position that Part X of the Consumer & Competition Act 2010 does not adequately protect the interests of Australian exporters and importers (16 March 2021). More…

DP World latest stevedore to slug operators with price hikes DP World (DPW) is the latest stevedore to incur the wrath of transport bosses for yet another round of price hikes in a pandemic (16 March 2021). More…

Mixed picture for shipping in ACCC grain port report Indications are land-based transport busy in drought-hit year, but a mixed picture for shipping in ACCC grain port report. A quiet export period has led to a fall in complaints to the Australian Competition and Consumer Commission (ACCC) from farmers and exporters, its Bulk grain ports monitoring report 2019-20 finds 19 March 2021). More…

SAL: Townsville port has a clear focus on the future While every year has its defining moments, 2020 was unprecedented in terms of world-changing, paradigm-shifting developments. Port of Townsville [recently] released its Port Vision 2050, a 30-year sustainability plan that sets the strategic course for Australia’s largest exporter of base metals, sugar and live cattle, well into the future (12 March 2021). More…

SAL: Investment certainty amid uncertain times; a skillful balancing act At Port of Melbourne this year, efficient port operations have been maintained despite the challenges, by the global coronavirus pandemic, just months after a bushfire disaster. The response has shown more than ever that the port freight sector is fundamental to the nation’s economic sustainability (12 March 2021). More…

Unfair contract law changes must be accelerated The National Road Transport Association (NatRoad) urges the federal Government to accelerate proposed changes to unfair contracts law. The current practice of some customers expecting transport operators to accept substandard and unfair contracts must be stopped (10 March 2021). More…

NHVR prosecutes consignor over chain of responsibility breaches A Victorian building supplies company becomes the first consignor prosecuted by the National Heavy Heavy Vehicle Regulator (NHVR) under the 2018 Heavy Vehicle National Law (HVNL) chain of responsibility (COR) amendments (18 March 2021). More…

New drawbar trailer guidelines released Developed by the Australian Trucking Association’s (ATA) Industry Technical Council, new drawbar trailer guidelines have been released in an effort to further enhance safety (18 March 2021). More…

Looking for answers to supply chain breakdowns Supply chain resilience and its systemic vulnerability have been badly exposed by the challenges posed during the COVID-19 pandemic. HVIA Chief Executive Todd Hacking says the problem is an international one, however believes the Productivity Commission’s focus on local issues is appropriate and timely (10 March 2021). More…

RAAF truck incident prompts Department of Defence WHS conviction Truck-related safety shortcomings on a Royal Australian Air Force (RAAF) base that led to a critical worker injury has landed the Department of Defence a conviction and $350,000 fine. Truck strapping deemed inadequate at minimising risk of worker harm (17 March 2021). More…

A defiant TMR defends controversial new Qld decoupling facility Queensland’s road transport agency is holding its ground against a torrid stream of driver criticism of the soon-to-open Gatton decoupling facility (17 March 2021). More…

Victorian operator charged over dangerous goods storage WorkSafe Victoria has charged a logistics operator over alleged breaches of the Dangerous Goods Act at a Tottenham facility. The Safety watchdog also charges bulk equipment supplier over tank container fire (15 March 2021). More…

Livestock transporter acceptance over RUC increase proposal The Australian Livestock and Rural Transporters Association (ALRTA) is backing Transport and Infrastructure Council (TIC) recommendations on heavy vehicle charge increases (15 March 2021). More…

Mandatory telematics through the national operating standard ensures HVNL compliance The Australian Logistics Council(ALC) says that collecting information with telemetric equipment through adopting a National Operating Standard into the Heavy Vehicle National Law (HVNL) will help improve safety and compliance for heavy vehicle operators (12 March 2021). More…

Regulator partnering to deliver a healthier future for industry The NHVR has entered into a new partnership with the Healthy Heads Trucks & Sheds (HHTS) Foundation to improve psychological safety and physical health across the heavy vehicle and logistics industries (12 March 2021). More…

National operating standard lifts safety requirements in line with other comparable heavy vehicle industries The Australian Logistics Council(ALC) says the adoption of a National Operating Standardinto the Heavy Vehicle National Law (HVNL) will deliver minimum safety requirements expected of comparable heavy vehicle industries such as buses in NSW (09 March 2021). More…

Published – articles, papers, reports

ATSB occurrence brief 11 March 2021 Fire, Multi-purpose vessel Southern Ocean, on 29 January 2021. More…

ATSB safety issues and actions

Aeropower post-training supervision AO-2019-015-SI-01: 09 March 2021 Issue owner: Aeropower Pty. Ltd. The actions taken by the operator address the key concern of the safety issue, that being the supervision of pilots recently trained/authorised in a new specialist task. The mandated extension of command under supervision time, the introduction of periodic consolidation flight checks and the mandated extension of mentoring time are all expected help better prepare newly trained pilots for solo operations and provide them with additional defences to the hazards associated with specialist flight tasks. More…

NHVR: Newsletter Fortnightly newsletter providing important information on the heavy vehicle industry, including the latest NHVR news and events, relevant law and policy changes. More…

Practice and Regulation

AMSA current marine notice 2021/01 focused inspection campaign—livestock ships – Port State control This marine notice provides information to ship owners, operators and masters about the Focused Inspection Campaign (FIC) on livestock ships which will run from 1 March 2021 to 31 August 2021. More…

Extension of the international freight assistance mechanism to September 2021 March 11, 2021 – IFAM extension – a positive response to advocacy by peak bodies Extension to the International Freight Assistance Mechanism (IFAM) beyond 30 June 2021 to ensure commercially viable access to market for Australian exporters of perishable commodities. Of particular note, the Australian Government announced it will extend IFAM to the end of September 2021, to help keep international supply chains open despite the ongoing effects of the COVID-19 pandemic. For more information about the extension, please refer to the IFAM webpage and latest fact sheet.

IATA: Cargo Chartbook Q1 2021 Strong economic backdrop supports cargo volumes and revenues. To view the latest Cargo Chartbook click here (10 March 2021).

Have your say – Shipping competition reform The CCCS has extended an invitation to APSA and FTA members to provide your views on the BEO using this link. The CCS has given assurances that your responses to this survey will be kept confidential (responses are required by 26 March 2021)

Current inquiries – Rural and regional affairs and transport legislation committee Australia’s general aviation industry Status: Accepting Submissions Date Referred: 02 December 2019 Reporting Date: 30 November 2021

Transport Security Amendment (Serious Crime) Bill 2020 Date Referred: 22 February 2021 Reporting Date: 11 March 2021

Productivity commission: Vulnerable supply chain review The Productivity Commission is undertaking a “Vulnerable Supply Chain Review” with an interim Report expected in Late March. The Commission will be taking written submissions on the interim report until April 2021, before producing its final report.

HVIA: Implementation team lined up to address RVSA The Department of Infrastructure has released two new guidance documents the Guide to Vehicle Type Approval Opt-in Arrangements and the Guide to Vehicle Type Approvals. HVIA has updated its checklists for Manufacturers regarding Identity Plate Approvals and Vehicle Type Approvals to incorporate references to these new documents. HVIA’s RVSA Checklist for Manufacturers– IPAs and VTAs Manufacturers of vehicles are encouraged to read these documents to ensure they are prepared for the implementation of the new legislation which commences on 1 July 2021.

HVIA: RVSA checklists HVIA has prepared guidance material in preparation for the introduction of the Road Vehicle Standards Act (RVSA) on 1 July 2021. The guidance material consists of three checklists for members intended to assist the following: Component Suppliers – SARN and CRN holders , Manufacturers – holders of IPAs and VTAs and Manufacturers – a checklist covering the transition to the RAV (10 March 2021).

NATROAD: Exceed total mass limits by up to 5% when delivering these grains Under the Grain Harvest Management Scheme (GHMS), eligible heavy vehicles may exceed regulated total mass limits by up to 5% when delivering the following grains to participating grain receivers in participating council areas. There is no enrolment process or administration fee for eligible heavy vehicles to operate under the GHMS. All eligible heavy vehicles operating under the GHMS must carry a copy of the New South Wales Class 3 GHMS Mass Exemption (Notice) 2016 (GHMS Notice) (10 March 2021). More…

Draft future fuels strategy The Government’s draft strategy is built around three central principles: addressing barriers to the roll out of new vehicle technologies; investment in early-stage infrastructure to stimulate the market and private sector and improving access to information to help people make informed choices. Copy of the paper here. Comments on the discussion paper are open until 2 April 2021.

NHVR Safety Bulletin on the use of coiled air hoses (“Suzi” coils) The purpose of this safety bulletin is to highlight the dangers of inappropriately using suzi coils for air supply to the brake system on self-supporting trailers, such as a dog, pig or tag type trailers, which use an ‘A’ type coupling system. The NHVR’s safety bulletin may be found here. (2021)

NHVR: Updates to vehicle standards guide 2 The NHVR has updated Vehicle Standards Guide 2 to outline some changes to the Heavy Vehicle National Law and Regulations that will come into effect from 22 February. For further details the Vehicle Standards Guide 2 may be accessed here.

Rural and regional affairs and transport references committee Importance of a viable, safe, sustainable and efficient road transport industry Status: Submissions closed Date Referred: 11 September 2019 On 5 February 2021, the Senate granted a further extension of time to report until 23 June 2021.

Rural and regional affairs and transport legislation committee Australia’s general aviation industry Status: Accepting Submissions Date Referred: 02 December 2019 Reporting Date: 30 November 2021

ATSB: Applications now open for Graduate Certificate in Transport Safety Investigation The ATSB and RMIT University recently established a strategic partnership to teach how to manage and lead accident investigations of aviation, rail and marine vehicles. Applications for the intake of the Graduate Certificate in Transport Safety Investigation are now open. Find out more on the RMIT website, including how to apply directly for the 2021 February intake . More…

CASA fatigue rules – reminder Most operators need to comply with new fatigue rules from 1 July 2021. Resources are available to assist operators transition to the new fatigue rules, including our Plain English Guide for fatigue management and our Fatigue transition policy that provides information for operators on how to meet transition timeframes and comply with the new rules.

CASA is extending the Fatigue Omnibus (CASA EX48/18) CASA is extending the Fatigue Omnibus (CASA EX48/18) and Helicopter Mustering (CASA 28/18) exemptions to support CAO 48.1 2019. Most operators will now need to comply with the new rules from 1 July 2021. More…

CASA reminder: More time for transition to new ops regulations The start date for the flight operations suite of new regulations is now 2 December 2021. Previously these new regulations were to commence on 25 March 2021. In December 2021 nine sets of new Civil Aviation Safety Regulations will come into effect. Find out more about the new flight operations regulations. More…

Focused inspection campaign—float-free EPIRBs We will undertake a focused inspection campaign (FIC) on float-free EPIRB requirements on domestic commercial vessels over the period 1 February to 30 April 2021. More…

AMSA Watertight and weathertight integrity on domestic commercial vessels Watertight and weathertight integrity is the standard found in part C: design and construction and section C2: watertight and weathertight integrity, of the National Standard for Commercial Vessels (NSCV). Make a submission Have your say from 18 January 2021 to 28 March 2021. More…

AMSA: Domestic Commercial Vessel (DCV) safety alert If you are currently operating under an exemption that expires on the 30 June 2020, it has now been automatically extended for 5 years, until 30 June 2025.This Alert is to advise vessel owners, operators, masters, coxswains and crews that the AMSA has taken steps to extend the duration of all National Law certificates of competency. More…

ABF Notices 18 March 2021 0 2021-10 – New Obligations on Customs Broker Licences.

DAWE import industry advice notices 19 March 2021 – 41-2021 – Updates to the Goods Determination to take effect 20 March 2021 15 March 2021- 36-2021 The changes to the importation of retorted goods containing animal material for human consumption have now been implemented 10 March 2021 – 35-2021 Updated inspection requirements for rural consignments of new horse floats

DAWE export industry advice notices 09 March 2021- 2121 -09 Plant Export Operations – New process for re-export consignments and updated government certificate templates

AWA: Exposure draft export control rules 2020 consultation The department has commenced public consultation on seven of the commodity specific Exposure Draft Export Control Rules 2020 (draft rules).. The new legislative framework will commence on 28 March 2021. More…

IFCBAA: New recycling and waste laws From 1 January 2021 exporters will no longer be able to send unprocessed waste glass overseas. Rules for waste plastics, tyres and paper will be phased in over time. Rules for plastics will come into effect on 1 July 2021 (stage 1) and 1 July 2022 (stage 2); tyres on 1 December 2021; and paper on 1 July 2024. Exporters of these materials will need a licence to export by the required date. Information on transitioning to the regulation be found here.

Cases

Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd (No 7) [2021] FCA 237REPRESENTATIVE PROCEEDINGS – common law negligence – oil spill from an oil well within the offshore area of the Territory of Ashmore and Cartier Islands – where the respondent was the holder of a petroleum production licence for an area covering the Montara oil field where the well was located – where the respondent had the responsibility to exercise control over the suspension and operation of the well – whether oil from the spill reached the coastal areas of the Regencies of Kupang and Rote in Indonesia – whether oil from the spill caused or materially contributed to the death and loss of seaweed crops in those areas – where the applicant and Group Members are seaweed farmers – whether the respondent owed the applicant and Group Members a duty of care – whether the respondent breached its duty of care – whether the applicant has established that he suffered loss and damage – assessment of the applicant’s damages

Linfox Australia Pty Ltd T/A Linfox [2021] FWCA 1369Application for approval of the Linfox Intermodal SA/NT Greenfields Agreement 2021. [4] The Applicant has submitted an undertaking in the required form dated 12 March 2021. The undertaking deals with the following topics: The Road Transport Long Distance Award 2020 is incorporated into the Agreement.

Murphy Operators & Ors v Gladstone Ports Corporation (No 8) [2021] QSC 57PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – INTERLOCUTORY PROCEEDINGS – GENERALLY – where the applicant was wholly unsuccessful in their interlocutory application – where the applicant seeks that the cost of the application be reserved on the basis that, inter alia, the application dealt with a novel issue – where the respondents seeks their costs – whether the general rule ought to apply Uniform Civil Procedure Rules 1999 Qld r 681

Application by Port of Newcastle Operations Pty Ltd [2021] ACompT 1Application for authorisation AA1000473 lodged by New South Wales Minerals Council on behalf of itself, certain coal producers that export coal through the Port of Newcastle, and mining companies requiring future access through the Port, and the determination made by the ACCC on 27 August 2020

Adlawan v Recochem Inc [2021] NSWSC 223(1) Judgment for the plaintiff in the sum of $2,960,000. (2) The defendant is to pay the plaintiff’s costs. MOTOR ACCIDENTS COMPENSATION ACT – statutory construction – fault caused by owner in use or operation – scope of legislation NEGLIGENCE – contributory negligence – apportionment

Legislation

Commonwealth

Act compilation

Biosecurity Act 2015 16/03/2021 – Act No. 61 of 2015 as amended

Customs Tariff Act 199516/03/2021 – Act No. 147 of 1995 as amended

Export Control Act 2020 12/03/2021 – Act No. 12 of 2020 as amended

Regulations

Biosecurity (Conditionally Non-prohibited Goods) Determination 2021 19/03/2021 – This instrument repeals the Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Determination 2016 and lists specified classes of goods that are conditionally non-prohibited goods which must not be brought or imported into Australian territory unless certain conditions are met, and to specify these conditions and puts in place regulatory controls by specifying conditions that must be met to bring or import the classes of goods into Australian territory, in order to manage biosecurity risks associated with those goods to meet the ALOP for Australia.

Export Control (Tariff Rate Quotas) Amendment (Brexit) Order 2021 17/03/2021 – This instrument amends the Export Control (Tariff Rate Quotas) Order 2019 in response to the United Kingdom leaving the European Union and the end of the Brexit transition period on 31 December 2020.

Bills

Biosecurity Amendment (Clarifying Conditionally Non-prohibited Goods) Bill 2021Senate 18 March 2021 The Biosecurity Amendment (Clarifying Conditionally Non-prohibited Goods) Bill 2021 (the Bill) would amend the Biosecurity Act 2015(the Act)to clarify the validity of determinations made undersubsection 174(1) of the Act, in relation to specifying that certain classes of goods are conditionally non-prohibited goodsand specifying the conditions that apply to such goods before they can bebrought or imported into Australia.

Industrial Chemicals Environmental Management (Register) Charge (Excise) Bill 2020Finally passed both Houses 18 March 2021 Part of a package of five bills to establish a national framework to manage the ongoing use, handling and disposal of industrial chemicals, the bill imposes an annual scheduling charge on registered introducers of industrial chemicals, so far as that charge is a duty of excise

Special Recreational Vessels Amendment Bill 2021Senate third reading 18 March 2021 – The purpose of the Bill is to amend the Special Recreational Vessels Act 2019 (SRV Act) to extend the repeal date in section 17 of the Act from 30 June 2021 to 30 June 2023. The extension of the sunset provision in the SRV Act is needed to allow special recreational vessels to continue to operate charters in Australia until a longer-term solution is found

Transport Security Amendment (Serious Crime) Bill 2020Committee of the Whole debate 15 March 2021 Amends the Aviation Transport Security Act 2004 and Maritime Transport and Offshore Facilities Security Act 2003 to: prevent the use of aviation and maritime transport or offshore facilities in connection with serious crime; establish a regulatory framework to implement harmonised eligibility criteria for the aviation security identification card (ASIC) and maritime security identification card (MSIC) schemes; clarify and align the legislative basis for undertaking security checking of ASIC and MSIC applicants and holders; provide for regulations to prescribe penalties for offences; and insert an additional severability provision to provide guidance to a court as to Parliament’s intention.

Gazetted

Heavy Vehicle National Law – Heavy Vehicle Stated Maps – Amendment Notice 2021 (No.1) 12/03/2021 – The purpose of this Notice is to amend stated maps for vehicles at the request of road managers. The amendments take effect 28 days after publication of Amendment Notice 2021 (No.1)

Heavy Vehicle National Law – New South Wales Heavy Vehicle Standards (2 For 3 Bus Seat) Exemption Notice 2021 (No.1) 10/03/2021 – The purpose of this notice is to exempt a heavy vehicle to which it applies from certain requirements of Part 1 of Schedule 1 of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation). This Notice commences on 11 March 2021.

Heavy Vehicle National Law – Australian Capital Territory and Victoria Heavy Vehicle Standards (Bus Bicycle Rack) Exemption Notice 2021 (No.1)09/03/2021 – The purpose of this Notice is to exempt a heavy vehicle to which it applies from certain requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation). This Notice commences on 8 March 2021

Gazetted: reminder

Notice of Intention to Propose Customs Tariff Alterations – Notice (No. 3) 2020At the end of Schedule 4 Insert: 57B. Goods, as prescribed by by-law, if: (a) the goods are medical products or hygiene products; and (b) the goods are capable of use in combating the novel coronavirus that causes the disease known as COVID-19; and (c) the time for working out the rate of duty on the goods is in the period beginning on 1 January 2021 and ending at the end of 30 June 2021. The alteration operates from 1 January 2021.

NSW

Bills passed by both Houses of Parliament – 19 March 2021 Marine Pollution Amendment (Review) Bill 2021 The objects of this Bill are to amend the Marine Pollution Act 2012 (the Act) to— (a) address recommendations of the 2019 statutory review of the Marine Pollution Act 2012,and (b) ensure consistency between the Act, the Protection of the Sea (Prevention of Pollution fromShips) Act 1983 of the Commonwealth and the International Convention for the Prevention of Pollution from Ships (MARPOL).

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