In the media

NSW offender cops third mass breach in two years
East Coast Mining Group was recently fined $10,000 by the Sydney Downing Centre Local Court for the Heavy Vehicle National Law offence of Not Comply Mass (Severe) as a result of a 25.1 per cent overload on Axle Group 3 (21 August 2020). More...

Fatalities from heavy truck crashes at record low
Heavy truck crash fatalities over the past calendar year hit 157, down 17.8 per cent on last year's 191 and a record low. The outcome is aided in no small measure to the fall in fatal crashes involving heavy-duty rigid trucks (21 August 2020). More...

Don't mandate testing for freight workers with no COVID symptoms
NatRoad is asking the national cabinet to discard mandatory testing of asymptomatic freight workers when they meet. Mandatory testing of freight drivers, who have no COVID-19 symptoms, should not be part of the response to the containment of the pandemic (21 August 2020). More...

Report shows Port of Newcastle an economic powerhouse for NSW and Australia
The Hunter's trade gateway to the world contributes almost $1 billion to the local economy, according to the latest analysis from HoustonKemp Economists. The analysis released this week highlights the benefits of Newcastle's port activity for the Hunter, state and national economies, including the positive impact on employment and household income (21 August 2020). More...

Empty container management
Empty container management is a vital component of the efficiency of any container port. However, many challenges arise, access pricing is skyrocketing, and the cost of managing empty containers through the supply chain is increasing (21 August 2020). More...

Port delays and diversions contribute to strength in dry bulk sector
Port delays and diverted voyages are creating bottlenecks and inefficiencies that are contributing to the recent strengths in the dry bulk shipping sector. According to Maritime Strategies International, these factors are having an unusually strong impact on market balances and will play a key role in the short-term outlook for dry bulk shipping (20 August 2020). More...

SAL: China to completely ban all imports of solid waste
Imports of all solid waste into China will be completely banned effective 1 January 2021 according to the Steamship Mutual P&I Club (20 August 2020). More...

New GPS technology plans for Sydney tunnels
The Australian Communications and Media Authority is considering submissions to lift the ban on 'repeaters' in tunnels s (20 August 2020). More...

Safety devices to be exempted from dimension rules
HVIA's National Manager for Policy and Government Relations, Greg Forbes welcomed changes to Heavy Vehicle Standards featured in exposure drafts released by the NTC this week, including further exemptions for safety devices (19 August 2020). More...

Heavy Vehicle Confidential Reporting Line ready to assist
The NHVR is reminding drivers that the Heavy Vehicle Confidential Reporting Line is ready to assist with resolving safety issues across the Chain of Responsibility. NHVR Chairman Duncan Gay said recent months had put significant stress on drivers and operators (17 August 2020). More...

TWU decries Government's new code on freight movements
The Transport Workers' Union has contended that a Federal Government code on freight movements will have little impact in addressing problems for drivers and operators amid pandemic disruption (17 August 2020). More...

Reducing Australia's road accident rates, trauma and road deaths
The NatRoad submission outlined three policy areas where we believe improvements could substantially assist road safety and has called for better research relating to the causes of heavy vehicle crashes and key factors with identifying trends and patterns (17 August 2020). More...

ALC: COVID-19 supply chain update: Consistency needed on testing
The Freight Movement Code agreed by National Cabinet was intended to deliver greater consistency between states and territories in their implementation of border controls. But this can only be achieved if state and territory governments work pragmatically to ensure that requirements around driver testing can be met (14 August 2020). More...

Building resilience in the ports sector
Mike Gallacher, CEO, Ports Australia, says resilience is the first thing that comes to mind when reflecting on the maritime sector's response to the pandemic holistically. Ports Australia, with other industry leaders such as Shipping Australia and Maritime Industry Australia Limited, led an early push for establishing the Maritime Response group (13 August 2020). More...

National Cabinet launches Freight Movement Code
National Cabinet has formalised the Freight Movement Code to implement a consistent set of health measures across borders for freight operators during the COVID-19 pandemic. Assistant Minister for Road Safety and Freight Transport, Scott Buchholz, said the Code would significantly assist the freight transport industry (11 August 2020). More...

HVIA appeals for funding to modernise heavy vehicle manufacturing
HVIA has called for a further round of the Manufacturing Modernisation Fund to support heavy vehicle manufacturers in retooling, re-engineering, and innovation to future-proof local manufacturing and assist Australia's post pandemic economic recovery (11 August 2020). More...

Published – articles, papers, reports

NHVR Newsletter
 On The Road - Issue 91, 14 July 2020
Fortnightly newsletter providing important information on the heavy vehicle industry, including the latest NHVR news and events, relevant law and policy changes.

Practice and Regulation

NHVR: Coronavirus (COVID-19) response
The renewed outbreak of coronavirus has prompted significant changes to border requirements across Australia. Please note, any application to cross a border is completed and submitted through the relevant state or territory and not through the NHVR. Details for national and state are outline here (23 August 2020). More...

Note National changes
National Cabinet endorsed the Freight Movement Code for the Domestic Border Controls – Freight Movement Protocol on 7 August 2020. Drivers using their fatigue-regulated heavy vehicle to drive to a COVID-19 testing facility are able to utilise the Personal Use Exemption. In this case normal Personal Use Exemption rules apply. For heavy vehicle testing sites, check the NHVR Map.

National Transport Commission
 NTC consultation draft - Australian Light Vehicle Standards Rules and Heavy Vehicle (Vehicle Standards) National Regulation 2020 amendment package
Publish date 18 August 2020
Exposure draft - Heavy Vehicle National Legislation Amendment (Miscellaneous) Regulation 2020
Publish date 18 August 2020

NATROAD Submissions

HVNL Review: Consultation regulation impact statement primary duties and responsibility
NatRoad seeks an extra category to be added to the chain of responsibility list of parties in the HVNL. This would be to the effect that a primary safety duty should apply to all parties with influence on transport activities (18 August 2020). More...

HVNL Review: Consultation regulation impact statement regulatory tools
NatRoad supports the proposed regulatory structure that would permit the National Heavy Vehicle Regulator and others to make statutory codes of practice. This structure would permit the performance-based or outcomes based focus that should be at the heart of Commonwealth regulation (18 August 2020). More...

NTC Reminder: Australian Code for the Transport of Dangerous Goods by Road and Rail (Edition 7.7)
The Code can be used from 1 October 2020 and is compulsory from 1 October 2021. Until then, either the Code edition 7.6 or the Code edition 7.7 can be used. The Code is an important technical resource to help Australia's transport and logistics industry to operate safely when carrying dangerous goods. More...

NATROAD: National Heavy Vehicle Charging Pilot (National Pilot)
An innovative industry partnership testing potential direct user charging options for heavy vehicles. Participants will report road use data and receive mock invoices comparing their current heavy vehicle registration and fuel charges against alternative charging scenarios. The research will be concluded by 2021 (24 July 2020). More...

HVNL review consultation regulation impact statement
Comments due 25 October 2020 - The consultation regulation impact statement includes over 40 reform options to improve the HVNL. More...

Domestic border control freight movement protocol
The protocol agrees "unanticipated delays at the border can have implications for safety on the roads and the health of critical transport workers" and states "greater consistency in border management of supply chains will assist industry to comply". The protocol complements existing Work Health and Safety and fatigue management requirements, public health advice and COVIDSafe work plan requirements. The protocol is available here (24 July 2020).

Independent review of the Victorian Ports System
The Victorian Government is undertaking an Independent Review of the Victorian Ports System which is assessing the function and performance of current arrangements. A Discussion Paper has been released for public comment as an important next step in the Independent Review. You are invited to provide feedback in response to the Discussion Paper by 31 July 2020.

AMSA campaign targeting container ships
AMSA encourages ship owners and masters to familiarise themselves with the approved cargo securing manual for their vessel and Marine order 42 which gives effect to Chapter VI of SOLAS in Australia. This focussed inspection campaign is aimed at education, improving standards, and reducing the number of incidents that result in cargo being lost at sea. More information can be found on AMSA's website.

AMSA Extension National Law certificates of competency
We have extended existing exemptions to provide seafarers and operators with continuity and certainty.
All National Law exemptions have been extended until 30 June 2025. More...

AMSA: Domestic commercial vessel 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...

Victorian stage 4 warehouse restrictions
A concession has been achieved allowing warehouses and distribution centres (other than medical supply, pharmaceutical supply and personal protective equipment supply facilities / supermarket and perishable food warehouses and distribution centres) to now operate with 90 percent of their daily total workforce, however, only a maximum of 67 per cent of the normal daily peak number of defined workers may be on site at any one time (14 August 2020). More...

SAL submissions
14 August 2020 – SAL20164 Shipping Australia Limited Submission on to the Review of the Victorian Ports System. More...

FTA / APSA submission to the independent review of the Victorian Ports Systems
Victoria has world class manufacturers and producers who are supported by skilled logistics specialists including customs brokers and freight forwarders. The Victorian government needs a paradigm shift in priorities in favour of exporters, importers and logistics providers to facilitate the efficient movement of goods to lead our economic recovery and generate wealth into the future. Refer to the FTA / APSA formal submission (14 August 2020) focussing on the proposed Port Pricing and Access Review (PPAR) and Voluntary Port of Melbourne Performance Model (VPPM) as outlined in Section 5 titled 'Economic Regulation' (questions 6 and 7).

Plant export operations – Nationally harmonised framework for managing biosecurity treatments
This Industry Advice Notice is to invite industry to participate in a survey about a nationally harmonised framework for managing biosecurity treatments. We are seeking industry feedback on the harmonised framework through Have your say. The survey closes 11 September 2020.

Disaster - high risk COVID safe plan update
Freight & Trade Alliance and the Australian Peak Shippers Association have received confirmation from Freight Victoria that a high risk COVID safe plan is required for all warehouses/distribution centres regardless of the number of people involved in operations (this is contrary to previous advice being that this requirement does not apply in circumstances with less than 5 staff) (20 August 2020). More...

AWA industry advice notices 2020
12 August 2020-54 Authorised Officer Program – Validating supporting documents and completing plant export inspection and treatment records
12 August 2020-53 Grain and Seeds Exports Program – Mobile bulk loading of prescribed goods for export
17 August 2020 – 128-2020 - eCert exchange for New Zealand moving to paperless
17 August 2020-55 Business Systems Program –Removal of paper export certificates to New Zealand
20 August 2020 – 130-2020 - A new framework for biosecurity treatments
20 August 2020-56 Plant Export Operations – Nationally harmonised framework for managing biosecurity treatments

AWA: AWE – 2020-21 BMSB season measures – 3 countries added, season end timing and intervention clarified
AFIF as a member of the DCCC-BMSB has been advised of the forthcoming 2020-21 BMSB Season changes to be effective from 1 September 2020. For the 2020-21 BMSB risk season, measures will apply to: Certain goods manufactured in, or shipped from target risk countries, and/or vessels that berth at, load or tranship from target risk countries from 1 September 2020 and that arrive in Australian territory by 31 May 2021 (inclusive): Goods must be treated if exported between 1 September 2020 & 30 April 2021 inclusive; goods arriving from 1 June 2021 will not be subject to BMSB measures. More...

Senate: Consultations
 Importance of a viable, safe, sustainable and efficient road transport industry
Status: Submissions closed. Reporting Date: 14 October 2020

Queensland

Storage requirements for security sensitive ammonium nitrate (SSAN) | Business Queensland
12 August 2020: Explosives information bulletin 53
This bulletin outlines the minimum safety and security requirements to store SSAN in Queensland, including the principles developed by the national working party on SSAN.
Subject Explosives; Explosives storage or transport; Explosives theft or misuse. More...

Cases

Eastlings Pty Ltd v Calidu Import Export Pty Ltd [2020] NSWSC 1041
EVIDENCE – discretions – exclusion of evidence – improperly or illegally obtained evidence – evidence as to the capacity (by weight or volume) of shipping containers.

Legislation

Commonwealth

Regulations

Gazetted

Heavy Vehicle National Law - National Class 2 B-double Authorisation Notice 2020 (No. 2)
13/08/2020 - The purpose of this Notice is to authorise access for class 2 heavy vehicles that are B-doubles. General Comments: This notice is replaces C2020G00609, registered on 24 July 2020.

Determination Prohibiting Mooring of Vessels and Determination Revoking the Prohibiting of Anchoring Vessels - Cod Grounds Marine Park
10/08/2020 - mooring in all areas that comprise the Cod Grounds Marine Park (Park) might interfere with the protection of features or facilities in the Park.

NSW

Regulations and other miscellaneous instruments
Protection of the Environment Operations (General) Amendment (Native Forest Bio-material) Regulation 2020 (2020-474) – published LW 14 August 2020
Road Transport Amendment (Miscellaneous) Regulation 2020 (2020-476) – published LW 14 August 2020

Queensland

Subordinate legislation as made - 14 August 2020
 Transport Legislation (COVID-19 Emergency Response) Regulation (No 2) 2020 (Qld)
This Regulation is made under the COVID-19 Emergency Response Act 2020, Rail Safety National Law (Queensland) Act 2017, Transport Infrastructure Act 1994, Transport Operations (Marine Safety) Act 1994. The policy objectives of the Regulation are to provide financial relief to commercial operators in state-managed boat harbours and provide a framework that will enable exemptions from requirements about certain marine authorities. The Regulation will also extend the expiry of a transitional regulation that preserves certain Queensland-specific definitions under national rail safety legislation. This regulation expires on 31 December 2020.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.