In the media
IMO welcomes WHO vaccine roadmap seafarer
prioritization
IMO Secretary-General Kitack Lim has welcomed the World
Health Organization's decision to name seafarers as one of the
groups of transportation workers that should be prioritised for
COVID-19 vaccination in instances of limited supplies (23 July
2021).
More...
EU overreach threatens to sink shipping's
decarbonisation efforts, warns ICS
The ICS has released a statement following the European
Commission's proposed extension of the EU's Emissions
Trading System (ETS) to cover the international shipping sector.
Guy Platten, secretary general of ICS, commented it is clear from
how such schemes work in other sectors that there will be
unintended consequences from the imposition of such a proposal (16
July 2021).
More...
On the path to decarbonize shipping. Reducing CO2
emissions and achieving a sustainable maritime industry
The pathway is already there and industry players are
taking the necessary steps to reach the goal for the reduction of
GHG emissions from shipping by at least 50 percent by 2050.
Shipyards, engine manufacturers and energy companies are upgrading
their operations and technologies to achieve commercially viable
zero emission maritime transportation (16 July 2021).
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Federal Government invests $100m in green research
projects
The government has backed two cooperative research
projects, to look at solutions for a clean energy transition in
heavy industry and developments in the growing marine bi-products
sector (14 July 2021).
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Building resilient telecommunications
infrastructure
Australia's national science agency, CSIRO, and Optus
have released findings of a joint nationwide project to improve
bushfire resilience of critical telecommunications. The research
analysed where there is risk of damage to the network and where
upgrades could reduce vulnerability to future bushfire events (21
July 2021).
More...
Ports Australia Trade Portal upgraded
Ports Australia has given its Trade Statistics Portal an
overhaul, enhancing the resource with regularly updated trend data
and monthly data dating back to January 2018. The Portal now gives
users the opportunity to select ranges and compare the value of
cargo, vessel calls and commodities over any period of time (09
July 2021).
More...
ALC calls for more COVID testing sites for essential
freight workers
The Australian Logistics Council (ALC)
has urged the NSW Government to set up on-site COVID testing
facilities at key freight terminals and on more arterial routes
around the State. ALC members have implemented highly effective and
successful COVIDSafe plans and are committed to the safety and
wellbeing of their workers.(14 July 2021).
More...
Vital funding for New England airports
Tamworth, Armidale, Inverell and Quirindi airports will
benefit from upgrades funded under Round 2 of the Federal Liberal
and Nationals Government's Regional Airports Program (22 July
2021).
More...
Newcastle Port to play critical role in Australia's
fuel security
The Federal Government has announced a $260 million diesel
storage investment to boost Australia's fuel reserves and
support fuel security – with the Port of Newcastle playing a
key role in fuel storage. The investment is part of the Boosting
Australia's Diesel Storage program and the Government's
comprehensive fuel security package (20 July 2021).
More...
Viterra's Port Lincoln and Thevenard grain ports not
exempt from Bulk Wheat Code
The ACCC has determined not to exempt the services
provided by South Australian grain handler Viterra at its Port
Lincoln and Thevenard facilities from parts of the Port Terminal
Access (Bulk Wheat) Code. Viterra will continue to be subject to
the non-discrimination requirements of the Code at its Port Lincoln
and Thevenard facilities (20 July 2021).
More...
Stimulus works support a key Gippsland freight
service
The Andrews Labor Government is ensuring Latrobe Valley
paper will continue to be sent by rail for export and distribution
for years to come, following significant improvement works to the
Maryvale freight siding (13 July 2021).
More...
Updated 'Guide to Road Safety' places safe
System at its core
Austroads has published an updated Guide to Road Safety,
which has been restructured to reflect the Safe System, which has
been adopted by Australia and New Zealand as part of their road
safety strategy.
It recognises that people will make mistakes but aims to create a
system where mistakes and crashes do not result in death or serious
injury (20 July 2021).
More...
Heavy vehicle registrations are accelerating:
Report
ARTSA Institute (ARTSA-i) has released
its June Quarter (Q2) 2021 heavy vehicle market
report which reveals positive signs of growth, with double digit
growth in new heavy vehicle registrations and it appears to be
accelerating. The one exception is heavy rigids who grew by a
'modest' 6.0 per cent in the last 12 months (14 July 2021).
More...
Victoria to probe Central Murray freight
productivity
The Victorian government is pledging cash for a study on
boosting freight efficiency in the Central Murray region. Freight
Victoria will provide specialist advice as part of this project,
with NHVR data to inform the study "alongside local freight
industry knowledge" (15 July 2021).
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NSW company in huge fine over mechanic death
SafeWork inspectors state the deceased only had light
vehicle qualifications. A NSW fleet-owning construction services
firm has been convicted and fined $375,000 over the death of a
mechanic killed while repairing a truck (20 July 2021).
More...
Road fatalities spur Toowoomba council safety plea
Safety around trucks was one of the focuses of a vigilance
call from Toowoomba Region mayor Paul Antonio after a string of
recent road fatalities. The Heavy vehicle interaction aspect
emphasised in letter to community (21 July 2021).
More...
Published – articles, papers, reports
Guide to Road Safety Part 5: Safe
Vehicles
AUSTROADS AGRS05-21 Edition: 1.0; 16 July 2021
Guide to Road Safety Part 5: Safe Vehicles considers the vehicle
factors and features that impact safety outcomes on the road
network.
NTC: Publications
20 July 2021 -
Pre-order copies of Australia and New Zealand Emergency Response
Guide 2021
NHVR: Newsletter
Latest edition - On the Road Issue 118 - 15 July
2021
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
IFAM: Extension of the International Freight Assistance
Mechanism to September 2021
Extension to the International Freight Assistance
Mechanism (IFAM) to ensure commercially viable
access to market for Australian exporters of perishable commodities
to the end of September 2021. For more information about the
extension, please refer to the
IFAM webpage and latest
fact sheet.
Supply Chain Resilience Initiative
Under the Supply Chain Resilience Initiative, over $15
million will be designated to establishing a new Office of Supply
Chain Resilience. To find out more or apply for a grant under the
Supply Chain Resilience Initiative click
here. The closing date for submissions is 12 August 2021.
AMSA: Marine notice 4-2021: Focused Inspection Campaign
- Safety of navigation
This Focused Inspection Campaign (FIC)
has been initiated by AMSA and is specific to Australia. It will
apply to foreign flagged ships and Regulated Australian Vessels
(RAVs) arriving at an Australian port. The FIC
will be conducted from 1 August 2021 to 30 September 2021.
More...
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...
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...
AMSA HF radiotelephone monitoring in Australia
From 1 January 2022, AMSA will provide 24-hour nationwide
monitoring of high frequency (HF) radiotelephone
distress, urgency and safety communications in Australia.
More...
AIS: New training package development projects
The 15 Cases for Change submitted by the IRCs we support
were approved by the AISC at its meeting on 22 June. The following
projects have commenced, and will address priority skills needs and
ensure qualifications, Skill Sets and Units of Competency reflect
current technologies, industry practices, and regulations for the
respective industry (July 2021).
More...
DAWE: Import Industry Advice Notices 2021 – 13
July 2021
150-2021 - AEPCOMM approved commodities update due to changes
in ABF tariff classifications
151-2021 - Sea container measures to protect against khapra
beetle
152-2021 - Documentary requirements for fumigation certificates
for imported goods
DAWE: Import Industry Advice Notices – 16-21
July
153-2021 - Khapra beetle measures: webpage updates and new
requirements for high-risk plant products
154-2021 - Changes to aircraft disinsection for aircraft
arriving in Australia and New Zealand
156-2021 - COVID-19: Impact on department activity in NSW
157-2021 - Notify of COVID-19 cases
158-2021 - Changes to movement and discrepancy reporting of
uncooked imported pig meat
159-2021 - COVID-19: Consolidation of information on department
activity in affected states
Australian Customs Notices – 12 July 2021
2021-28 - Expansion of Duty Deferral Benefit for Australian
Trusted Traders
IFCBAA: New recycling and waste laws
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.
Inquiry into Port of Melbourne compliance with the
pricing order 2021
The Essential Services Commission is undertaking its first
five-yearly inquiry into the Port of Melbourne's compliance
with the Victorian Government's pricing order, to determine
whether any non-compliance was significant and sustained.
Consultation closes on 3 September 2021.
More...
NTC: Heavy vehicle charge consultation
The National Transport Commission (NTC)
has issued a consultation regulation impact statement (C-RIS)
seeking feedback on a range of options for setting heavy vehicle
charges that would apply from 2022–23 onwards. The C-RIS is
available
here while submissions can be made
here. Comments due 24 August 2021.
More...
Strategic Local Government Asset Assessment Project
(SLGAAP)
The NHVR and road managers are currently working through
the delivery and assessment of phase two of SLGAAP and are calling
on local governments to submit any assets that may be eligible for
assessment. For more information and project updates, please click here (08 July
2021).
NHVR: Fatigue management tips July 2021
14-07-2021 - I'm doing local area work so don't
have to use a National Driver Work Diary—what other records
do I need to keep.
More...
Cases
DBCT Management Pty Ltd v McConnell Dowell Constructors
(Aust) Pty Ltd and Geosea Australia Pty Ltd Joint Venture (No
2) [2021] FCA 810
COSTS – reasonable costs of compliance with subpoena
under r 24.22 of Federal Court Rules – where claim for legal
professional privilege upheld – indemnity costs – no
departure from ordinary rule – costs awarded on party and
party basis
The objection of BM Alliance Coal Operations Pty Ltd (BMA) to any
party to the proceedings uplifting or inspecting the document
entitled "HPX3 ICAM Investigation Report" dated 4 July
2014 and the five attachments to the document (Report) produced in
answer to the subpoena served by the first and second applicants on
Ashurst Australia (Ashurst) on 6 November 2020 and the subpoena
served by the first and second applicants on BMA on 3 August 2020
is upheld.
Mater Misericordiae Ltd v Cox & Anor
[2021] QDC 142
The appeal is dismissed.
TORTS – NEGLIGENCE – BREACH OF DUTY – where the
appellant claimed from the respondents damages for negligent
operation of a truck – whether the learned Magistrate erred
in concluding that the respondents had not breached their duty of
care – whether the risk of damage was foreseeable and not
insignificant – whether the first respondent took precautions
against that risk of harm which a professional truck driver would
have taken
APPEAL – GENERAL PRINCIPLES – FUNCTIONS OF APPELLATE
COURT – where factual error is alleged – whether the
learned Magistrate erred in analysing the concept of foreseeability
by confusing the duty of care the appellant owed to road users with
the duty of care the respondents owed to the appellant –
whether the learned Magistrate erred in concluding that "the
first defendant had no reason to be apprehensive about driving
under the footbridge"
SafeWork NSW v South Coast Under Road Borers Pty
Ltd [2021] NSWDC
314
1 South Coast Under Road Borers Pty Ltd is convicted. 2 I
impose a fine of $375,000.
CRIMINAL LAW – prosecution – work health and safety
– duty of persons undertaking business – duty of
employers – risk of death or serious injury – death of
worker
SENTENCING - objective seriousness - deterrence - aggravating
factors - mitigating factors – capacity to pay a fine -
appropriate penalty
SENTENCING PRINCIPLES - no record of previous convictions - good
prospects of rehabilitation - remorse - plea of guilty - assistance
to law enforcement authorities
This is a case where the offender had no system in place for the
servicing of its heavy vehicles on the premises. It did have
substantial systems in place for the directional drilling work that
was mainly conducted elsewhere. Mr Marchello was not qualified to
work on heavy vehicles
Legislation
Commonwealth
Regulations
Export
Control (Animals) Amendment (Exports to Kingdom of Saudi Arabia)
Rules 2021
16/07/2021 - This instrument simplifies the process for
livestock exports to the Kingdom of Saudi Arabia and specifies new
vaccination requirements for sheep and goats against scabby mouth
(contagious pustular dermatitis) and related record-keeping
practices.
Gazetted 16 July 2021
National
Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping
Exemption Notice 2021 (No.1)
The purpose of this Notice is to exempt record keepers for
drivers of fatigue-regulated heavy vehicles carrying out activities
on the works of an Electricity Entity from the requirement to
comply with stated provisions of Division 3 of Part 6.4 of Chapter
6 of the Heavy Vehicle National Law and to specify the conditions
of operating under this Notice.
National
Heavy Vehicle Queensland Electricity Entity Work Diary Exemption
Notice 2021 (No.1)
The purpose of this Notice is to exempt drivers of
fatigue-regulated heavy vehicles carrying out activities on the
works of an Electricity Entity from the requirement to carry and
complete a National Driver Work Diary.
National
Heavy Vehicle Queensland Electricity Entity Work and Rest Hours
Exemption Notice 2021 (No.1)
The purpose of this Notice is to exempt drivers of
fatigue-regulated heavy vehicles carrying out activities on the
works of an Electricity Entity in unplanned urgent circumstances
from the requirement of the Heavy Vehicle National Law Part 6.3
Division 2 Standard Work and Rest Arrangements.
Gazetted 15 July 2021
Heavy
Vehicle Stated Maps – Amendment Notice 2021
(No.2)
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.2)
NSW
Regulations and other miscellaneous instruments
Road
Transport (Driver Licensing) Amendment (Licence Requirements)
Regulation 2021 (2021-407) — published LW 23 July
2021
Queensland
Subordinate legislation as made – 16 July
2021
No 102
Transport Legislation (Distracted Driver and Other Matters)
Amendment Regulation 2021
This Regulation is made under the Forestry Act 1959, Nature
Conservation Act 1992, Recreation Areas Management Act 2006, State
Penalties Enforcement Act 1999, Transport Operations (Road Use
Management) Act 1995. The main policy objectives of the Regulation
are to address unsafe driving behaviours by providing that it is an
offence for the driver of a vehicle to hold a mobile phone in the
driver's hand or rest a mobile phone on any part of the
driver's body while the vehicle is moving, or is stationary but
not parked.
Subordinate legislation as made – Reminder
No 44
Transport Legislation (Fees) Amendment Regulation 2021
Part 6 Amendment of Transport Infrastructure (Dangerous Goods by
Rail) Regulation 2018
Part 7 Amendment of Transport Infrastructure (Public Marine
Facilities) Regulation 2011
Part 9 Amendment of Transport Operations (Marine Safety) Regulation
2016
Part 12 Amendment of Transport Operations (Road Use
Management—Dangerous Goods) Regulation 2018
Note: The following provisions commence on 1 July 2021— parts
2, 3, 5, 6, 7 and 15; part 4, division 3; part 8, division 3; part
9, division 3; part 10, division 3; part 11, division 3; part 12,
division 3; part 13, division 3; part 14, division 3.
Victoria
Statutory Rules as made - Reminder
No 49
Dangerous Goods (Storage and Handling) Amendment (Notification)
Regulations 2021
Notification to Authority, From July 1, 2021, the Dangerous Goods
(Storage and Handling) Regulations 2012 will require all duty
holders occupying premises with prescribed quantities of dangerous
goods to notify WorkSafe at least every two years.
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.