Australia: Transport, Shipping & Logistics News – 12 September 2018

Last Updated: 15 September 2018
Article by Nathan Cecil, Geoff Farnsworth, Harry Kingsley and Suzy Cairney
Most Read Contributor in Australia, October 2018

In the media

New South Wales launches farmer rego refunds
The New South Wales government will partially refund heavy vehicle registration charges paid by farmers and other primary producers going back three years. The change comes as the NSW government announces the launch of 97 road safety projects to take place on regional roads across the state (7 September 2018). More...

ACCC concerns on Siemens Alstom rail deal
The ACCC has expressed preliminary concerns about the proposed merger of Siemens A.G.'s (Siemens) Mobility Division with Alstom S.A. (Alstom), which are detailed in a Statement of Issues. "A combined Siemens-Alstom would be by far the largest supplier of heavy rail signalling in Australia," ACCC chair Rod Sims said (7 September 2018). More...

Concerns raised over industry Master Code
Safety and Compliance Summit attendees hope new Master Industry Code of Practice will be more than a box-ticking exercise (6 September 2018). More...

CoR reforms pass Queensland parliament
The penultimate step in introducing chain of responsibility (CoR) reforms to the Heavy Vehicle National Law (HVNL) has taken place, with the Queensland parliament passing the final amendments to the legislation (6 September 2018). More...

Port of Townsville upgrade receives funding
Port of Townsville has welcomed Prime Minister Scott Morrison's announcement of a $75 million funding contribution towards the Townsville Channel Capacity Upgrade (6 September 2018). More...

Maritime emissions portal extensive validation verified and completed
AUSMEPA & RightShip and working with our pilot ports have gathered 2017 data, verified and adjusted, then sent off for further validation, on top of our initial validation process. Generally, reviewers found the report to be on sound basis and acceptable for use in subsequent analyses (4 September 2018). More...

Roadmap to deploy automated heavy vehicles
Austroads has published a roadmap to support the introduction of automated heavy vehicles into regional and remote areas of Australia and New Zealand (4 September 2018). More...

ATA charges regulation call to halt exploitation
The national peak industry body urges the federal government to ensure the planned independent price regulator for truck charges has the power to regulate toll road and landside port charges (3 September 2018). More...

Heavy vehicles to join national written-off vehicle management scheme
Austroads and the National Motor Vehicle Theft Reduction Council have published assessment criteria for the classification of heavy written-off vehicles, which will apply to rigid trucks, prime movers, trailers and buses from late 2018 (3 September 2018). More...

NHVR welcomes heavy vehicle road funding boost
The National Heavy Vehicle Regulator has welcomed the Federal Government's $132.5 million boost for the next round of road upgrades , with 93 road upgrade projects would share in a total of $132.5 million under Round Six of the Heavy Vehicle Safety and Productivity Program (31 August 2018). More...

Fatigue safety forum looks to the future
NHVR CEO Sal Petroccitto said the NHVR Fatigue Safety Forum would allow the NHVR to better understand many of the current initiatives being used by operators and drivers to manage fatigue. The outcomes of the forum will be made available ahead of a proposed wider review of the Heavy Vehicle National Law to be considered by Responsible Ministers later this year (31 August 2018). More...

WestConnex deal offers chance to boost NSW freight infrastructure
The Australian Logistics Council (ALC) has welcomed the announcement that the NSW Government's divestment of 51% of the Sydney Motorway Corporation will provide an additional $9.3 billion to invest in other crucial infrastructure projects (31 August 2018). More...

Summit will get to the CoR of supply chain safety
The 2018 ALC & ATA Supply Chain Safety & Compliance Summit, being held on 5-6 September, comes at a critical time for Australia's heavy vehicle industry – and for those who use their services in their day-to-day business activities. On 1 October, changes to the Chain of Responsibility (CoR) provisions in the Heavy Vehicle National Law (HVNL) will come into effect (30 August 2018). More...

Spirit of Tasmania owners sued over polo pony deaths
The Spirit of Tasmania operator TT-Line is being sued for negligence over the deaths of prized polo ponies that crossed Bass Strait in January (28 August 2018). More...

Heavy Vehicle National Law to go back to basics
The NTC expects to draft a whole new Heavy Vehicle National Law (HVNL) after it completes its review of the existing law (24 August 2018). More...

Published – articles, papers, reports

Australian Infrastructure Budget Monitor 2018-19
IPA Major Report: 28 August 2018
The 2018-19 Australian Infrastructure Budget Monitor reaffirms the two-economy divide in infrastructure across Australia. NSW and Victoria, ranked first and second, have large infrastructure funding commitments facilitated by strong fiscal positions. Asset recycling continues to support growth, with both states benefiting from selling their shares in Snowy Hydro to the Commonwealth, among other asset divestments.

On the Road - On the Road - Issue 42, 27 August 2018 - NHVR newsletter
On the Road provides important information on the heavy vehicle industry, including the latest NHVR news and events, relevant law and policy changes, and resources to help industry members comply with the HVNL.

Making logistics a smoother ride
Lawyers Weekly: 30 August 2018
Logistics is a major component of most businesses and also one of the most costly. As such, driving efficiencies in the logistics space can have a material impact on your business' bottom line.

In practice and courts

Business Case Program for Location-Specific Heavy Vehicle Charging Trials opens
This Business Case Program puts stakeholders connected to the heavy vehicle industry at the centre of the infrastructure planning process. A range of stakeholders connected to the road freight sector are eligible to submit a proposal to develop a business case by 21 September 2018. More...

Consignee address details reported in cargo reports
It is an offence under section 243V of the Customs Act to provide false or misleading information to the ABF in a cargo report or outturn report; this includes incorrectly reporting consignee details in a cargo report. Where the ABF finds a reporter has been non-compliant, it will consider a range of responses aimed at improving, and if necessary, enforcing compliance. More...

AMSA Maritime Safety Awareness Bulletin Issue 8
Issue 8 of the Maritime Safety Awareness Bulletin aims to inform on marine incident reporting and the important role it plays in shaping maritime safety (7 September 2018). More...

AMSA 2018-19 Annual Regulatory Plan
The latest regulatory plan provides details of planned changes to regulatory instruments, including marine orders and the National Standard for Commercial Vessels (3 September 2018). More...

NHVR: Changes to Chain of Responsibility laws confirmed for October 1
Reforms to the Chain of Responsibility (CoR) laws will be implemented from 1 October. Duty holders who assess their risks and manage them will be complying with both the HVNL and workplace safety law. The NHVR has information available including CoR Gap Assessment tools, role-specific fact sheets, Safety Management System templates and tools, and videos and podcasts. More... More...

Cases

Mount Isa Mines Ltd v The Ship "Thor Commander" [2018] FCA 1326
SHIPPING AND NAVIGATION – Where main engine breaks down during voyage – whether owners exercised due diligence between and at commencement of voyage under Art 3(1) of amended Hague Rules.
ADMIRALTY – Carriage of goods by sea – whether charterparty or bill of lading is contract of carriage.
ADMIRALTY – Charterparty – provision for substitution of vessel – whether substitution clause effects novation of charterparty with owners of substitute vessel.
EVIDENCE – Where party destroys or fails to preserve real evidence consisting of damaged machinery – where court orders retention – whether all possible adverse inferences should be drawn against party.
EVIDENCE – Proof of reasonableness of settlement – where cargo owner settles claim by salvor in respect of cargo owner's liability for salvage – factors to be considered – where shipowner does not explain to cargo owner how event giving rise to salvage occurred.
SHIPPING AND NAVIGATION – Salvage – 1989 Convention on Salvage – whether vessel was in danger – factors relevant to quantification of salvage award.
EVIDENCE – Where witness disbelieved – whether positive inference can be drawn to opposite of false story.
SHIPPING AND NAVIGATION – Transhipment – whether cargo owner entitled to claim transhipment costs of part of cargo while vessel repaired at a port not being the port of discharge – where transhipment costs incurred due to ship owner's breach of obligation in contract of carriage to exercise due diligence before and at commencement of voyage to make ship seaworthy under Art 3(1) of amended Hague Rules – where cargo owner had signed letter of indemnity – construction of letter of indemnity.

Carlon v Roads and Maritime Services [2018] NSWCATOD 140
ADMINISTRATIVE LAW – Merits review – bus service operator – accreditation – safety critical components – public passenger vehicle maintenance plan - manufacturer standards – maintenance and repair.

Legislation

Commonwealth

Gazetted

Queensland Heavy Vehicle Standards (Special Purpose Vehicle) Exemption Notice 2018 (No. 1)
The purpose of this notice is to exempt Special Purpose Vehicles (SPV) that are heavy motor vehicles and operate under the Queensland Guideline, from complying with certain requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation) (5 September 2018).

Wharf Revocation and Appointment (No. 2608) - Port of Newcastle - Mayfield Precinct
a) REVOKE all previous notices published in the Gazette appointing the wharf known as Mayfield Precinct, in the Port of Newcastle, in the state of New South Wales; b) APPOINT as a wharf in the Port of Newcastle the area known as Mayfield Precinct in the state of New South Wales (28 August 2018).

Regulations

Legislation (Deferral of Sunsetting — Carriers' Liability Regulations) Certificate 2018
This instrument defers the sunsetting date of the Civil Aviation (Carriers' Liability) Regulations 1991 from 1 October 2018 to 1 October 2019 (30 August 2018).

Seacare Authority Code of Practice Approval 2018 - Health and Safety in Shipboard Work, including Offshore Support Vessels
27/08/2018 - This instrument provides guidance on ways to meet occupational health and safety standards on vessels (27 August 2018).

New South Wales

Regulations and other miscellaneous instruments

Road Amendment (Portable Traffic Light Trailers) Rule 2018 (2018-522) — published LW 7 September 2018
Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation 2018 (2018-523) — published LW 7 September 2018

Queensland

Bills

Heavy Vehicle National Law Amendment Bill 2018
Introduced by: Hon M Bailey MP on 1/05/2018
Stage reached: Passed with amendment on 5/09/2018
Changes to the HVNL giving new powers to authorised officers have passed the Queensland parliament ahead of their national introduction.
The new obligations will apply from October 1.

Subordinate legislation as made – 07 September 2018
No 142 Proclamation — Heavy Vehicle National Law and Other Legislation Amendment Act 2016 (commencing remaining provisions)
No 143 Proclamation — Heavy Vehicle National Law and Other Legislation Amendment Act 2018 (commencing certain provisions)
No 144 Proclamation — Transport Legislation Amendment Regulation (No. 2) 2018

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.

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Authors
Nathan Cecil
Geoff Farnsworth
Suzy Cairney
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