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.