In the media

World's LNG bunkering vessel fleet continues rapid growth
With strong growth expectations for the number of vessels that will be using LNG, the bunkering industry is moving to aggressively expand LNG operations. This week alone two new unique LNG bunkering vessels for ship-to-ship fueling were named as they prepare to enter service (18 September 2020). More...

Australia bans fifth ship in 2020 from ports for crew welfare issues
Australia is continuing its inspection and enforcement actions against ships sailing in its waters with the penalty of banning ships from its ports as an incentive to ensure fair treatment of seafarers. In the most recent incident, AMSA announced that it is banning a Panama-flagged bulk carrier for 12 months due to, "deliberately underpaying its crew" (17 September 2020). More...

Ships likely to be powered by ammonia and hydrogen, says IEA
In the future, from about 2050 onward, the world shipping fleet will likely be powered by ammonia and hydrogen, says the International Energy Agency (17 September 2020). More...

Container campaign a boost for truck safety
The container transport and logistics industry has stepped up to support heavy vehicle safety, releasing a coordinated campaign to raise awareness and good practice in safely packing shipping containers heading to and from Australian ports. To view the Safe Container Loading Practices & Heavy Vehicle Safety Campaign, click here (17 September 2020). More...

Australian container transport safety initiative launched
The container transport and logistics industry has stepped up to support heavy vehicle safety, releasing a coordinated campaign to raise awareness and good practice in safely packing shipping containers heading to and from Australian ports (17 September 2020). More...

Livestock carrier's owner supports families calling for renewed search
Gulf Navigation said that the "feasibility of sending professional dive teams to the vessel is under consideration", and "confirmed that there will be a full investigation into the incident, together with experts and the flag state, which will be published when completed" (16 September 2020). More...

Global shipping container packing safety effort under way
Five international freight transport and cargo handling organisations are collaborating on the production of new guidance on packing standards for freight containers and other cargo transport units (15 September 2020). More...

Current events, container hire and management of empties
Bad weather, a reckless campaign of nationally coordinated industrial action, infrastructure upgrades of all kinds, and a pandemic, have all contributed to creating grave disruptions to Australia's container supply chain (10 September 2020). More...

Sydney empty container management reaches 'crisis point'
Many empty container parks are at capacity, and several closed their doors to import de-hires of certain equipment types due to operational safety concerns, Container Transport Alliance Australia reports (09 September 2020). More...

ALRTA makes case for effluent infrastructure priority
The Australian Livestock and Rural Transporters Association (ALRTA) is calling on roadside effluent disposal infrastructure to be recognised in Australia's Infrastructure Priority List (07 September 2020). More...

Published – articles, papers, reports

NHVR: Newsletter
Our fortnightly newsletter providing important information on the heavy vehicle industry, including the latest NHVR news and events, relevant law and policy changes
September On The Road Issue 95 - 8 September

Harmonisation of measurement and mass assessment procedures for special purpose vehicles in Australasia
AUSTROADS AP-R632-20 14 September. 2020
Within Australasia Special Purpose Vehicles, also known as mobile plant in New Zealand, are routinely measured and weighed differently depending on the jurisdiction completing the measuring and weighing. More...

Practice and Regulation

CTU Code – a quick guide
n introduction the new Code of Practice for Packing of Cargo Transport Units, and a checklist of actions and responsibilities for the guidance of those undertaking the packing of cargoes in freight containers specifically. The code is jointly published by the International Maritime Organisation, the International Labour Organisation and the United Nations Economic Commission for Europe.Copies from the former and the latter can be found here and here.

ATSB: Applications now open for Graduate Certificate in Transport Safety Investigation
The Australian Transport Safety Bureau (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 November 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 2020 November intake (18 September 2020). More...

NATROAD submissions
16 September 2020 - National Freight Data Hub Options Discussion Paper
Submitted to: Department of Infrastructure, Transport, Regional Development and Communications
NatRoad favours freight data that supports evidence-based policy, improves transparency and accountability and provides support for innovation. More...

Release of National Freight Data Hub Options discussion paper
Freight & Trade Alliance and the Australian Peak Shippers Association have received advice from the Department of Infrastructure, Transport, Regional Development and Communications that the development of a prototype National Freight Data Hub website, and the implementation roadmap and business case are progressing on track for completion by the end of the year. More...

NHVR: Heavy Vehicle Productivity Plan 2020-25
The plan will assist Australia's 425 road managers to coordinate their approach to addressing Australia's growing road freight task. The Heavy Vehicle Productivity Plan 2020-25 and Action Plan is available here (31 August 2020).

NHVR: Coronavirus (COVID-19) response
Updated 05 September 2020 - 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.

HVNL review consultation regulation impact statement 2020
Comments now due 09 Nov 2020
The consultation regulation impact statement includes over 40 reform options to improve the HVNL. More...

HVNL review: Consultation regulation impact statement: Technology and data
Submitted to: National Transport Commission Date submitted: 2 September 2020
NatRoad supports the option where the HVNL would recognise a standard-setter and assurance provider for telematics technologies and associated data. 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 updated, 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
The public consultation period is open until 27 September 2020. Comments may be submitted online here.

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 7.7can be used. The Code is an important technical resource to help Australia's transport and logistics industry to operate safely when carrying dangerous goods.
See also ADGC explanatory document: Key changes between edition 7.6 and 7.7

AMSA update – 2020 editions
In this edition: Domestic Commercial Vessel – Annual Incident Report (January–December 2019)
Upward trend in float-free EPIRB registrations in July; AMSA's National Compliance Plan 2020-21
AMSA has now published its Annual Regulatory Program for 2020-21; REMINDER all National Law general exemptions have been extended until 30 June 2025; Submit your expression of interest for AMSA's National Safety Committee; July incidents Read the September 2020 edition.

AMSA marine notices
STCW seafarer certificates and certificates of medical fitness – further arrangements for COVID-19 – Certification (September 2020)
Working at Height – OHS (September 2020)

AMSA Extension National Law general exemptions have been extended
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...

AWA: 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: 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). Deputy Secretary Agricultural Trade Group, David Hazlehurst, said the consultation was another opportunity for our export industries and trading partners to provide further input into the draft rules (07 September 2020). More...

SAL 2020 submissions
September 2020 - SAL20171 Shipping Australia's response to "Discussion paper: Australia's accession to the Nairobi International Convention on the Removal of Wrecks 2007". More...

DAWE - IFN 06-20 – Changes to the inspection and testing of some imported food
Date of effect: 18 September 2020
We are amending the Imported Food Control Order 2019
To advise importers and brokers that we are making amendments to the Imported Food Control Order 2019 that will change the way we inspect and test some imported food.

DAWE: eCert exchange for New Zealand moving to paperless
Effective 31 August 2020, the department has transitioned the current eCert exchange with New Zealand's Ministry for Primary Industries (NZ MPI) to a paperless eCert exchange. This means NZ MPI will no longer issue original paper phytosanitary or sanitary certificates. The department will receive the eCert and will assess the eCert where required for import clearance. Please consult both IAN 135-2020 and Electronic Certification (eCert) for Imports for further information.

DAWE import industry advice notices
17/09/2020 157-2020 Importers and customs brokers to provide manufacturer's safety data sheet to inspecting officer when lodging consignments of containerised fertiliser
17/09/2020 156-2020 New and updated resources to make it easier to apply to import a range of processed plant and animal-based feed and their ingredients
17/09/2020155-2020 Trial of alternative arrangements for site audits of facilities that manufacture and export processed plant-based stockfeed to Australia
15/90/2020 150-2020 Amendment to 130-2020 – A new framework for biosecurity treatments
14/09/2020 149/2020 Cancellation of departmental audits associated with recognised offshore fertiliser supply chains
10/09/2020 145-2020 Cat and Dog imports to Australia – impact of COVID-19 and Christmas shutdown

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. More...

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


Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd [2020] FCA 1334
PRACTICE AND PROCEDURE – application for leave to appeal from an interlocutory judgment dismissing the applicant's application for non-party discovery in circumstances where the primary proceeding has been stayed by agreement – whether primary judge misconstrued s 83(1) of the Competition and Consumer Act 2010 (Cth) – whether primary judge erred in the exercise of her discretion to refuse non-party discovery – whether applicant would face substantial injustice if leave to appeal were refused.

Globelink International Pty Ltd v Lemesh [2020] NSWCATAP 193
(1) The appeal is allowed.
CONSUMER CLAIM – shipping contract; compensation JURISDICTION – federal matter, maritime claim.

Jesse v Roads and Maritime Services NSW [2020] NSWDC 512
Appeal allowed.
APPEAL – District Court – appeal against conviction – heavy transport loading requirements – remittal from Court of Criminal Appeal – unrepresented appellant – costs.



Primary Industries (Customs) Charges Amendment (Dairy Cattle Export Charge) Bill 2020
Assent Act no: 90 Year: 2020 17 September 2020
Amends the Primary Industries (Customs) Charges Act 1999 to: Impose an export charge on the export of dairy cattle; and amend the rate provision to provide for two different rates of charges: A per head charge on dairy cattle and a per kilogram charge on cattle other than dairy cattle.


Heavy Vehicle National Law - National Heavy Vehicle Standards (Dual Control Waste Collection Vehicles) Exemption Notice 2020 (No.1)
18/09/2020 – The purpose of this notice is to exempt a heavy vehicle that is fitted with dual steering controls and used for waste or recycling collection, or street sweeping, from the requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation) specified in this notice. This notice commences on 18 September 2020.


Government – 18 September 2020
Road Transport Amendment (Digital Licensing) Bill 2020


Subordinate legislation
No 193 Proclamation No. 1—Transport and Other Legislation (Road Safety, Technology and Other Matters) Amendment Act 2020 (commencing certain provisions)
No 203 Transport Infrastructure (State-controlled Roads) and Other Legislation Amendment Regulation 2020
No 213 Rural and Regional Adjustment (Changes to Vessel Tracking Rebate Scheme) Amendment Regulation 2020
No 2 Transport Legislation (COVID-19 Emergency Response) Regulation (No 2) 2020 (Qld)

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.