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
An 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
Cases
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.
Legislation
Commonwealth
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.
Gazetted
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.
NSW
Government – 18 September 2020
Road Transport Amendment (Digital Licensing) Bill 2020
Queensland
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.