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Inside track: Transport, Shipping & Logistics

16 June 2021

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media

Maritime decarbonisation: Shipping industry welcomes goal to make five per cent of world fleet carbon-neutral by 2030
An ambitious target to make 5 per cent of the world ocean shipping fleet run on zero-emission fuels by 2030 has been welcomed by the global shipping industry. The global trade association for ship operators, the International Chamber of Shipping, welcomed the launch of Mission Innovation’s ‘Mission for Shipping’ (04 June 2021).  More...

Shipping industry agrees action on R&D investment and trade digitisation
The first ever meeting of the M7, took place this week, organised by the UK Chamber of Shipping. There was universal agreement that more investment is needed from governments and industry to develop the technologies for a cleaner and greener shipping industry and develop digital documentation to facilitate an increase in global trade as the world recovers from Covid-19 (12 June 2021).  More...

Supply chain: Australia’s fuel supply chain is secure and resilient
There’s a lot of incorrect and ill-informed commentary at the moment about Australia’s fuel supply chain. There have been several reviews into the topic of fuel security which indicate seaborne supply is secure and resilient and shipping of petroleum products to Australia from overseas refiners presents minimal risk to Australia’s fuel supply (11 June 2021).  More...

Australia's bunker demand falls sharply as cruise tourism sails in choppy waters
Australia, a country with one of the highest penetration of any cruise market globally outside the US, has seen its bunker fuel consumption plummet due to restrictions on entry and sailings of cruise ships. This has pressured the country's refiners further as they grapple with demand constraints for other oil products due to the global coronavirus pandemic (11 June 2021).  More...

Australia and Singapore look to decarbonise maritime and shipping operations
The federal government will establish a A$30 million partnership with Singapore to ramp up the development of low emissions fuels and technologies like hydrogen to help reduce emissions in maritime and port operations (11 June 2021).  More...

Industry demands critical vaccine access for high-risk essential workers
The Australian Logistics Council, the Freight & Trade Alliance and the Australian Peak Shippers Association urge State and Commonwealth Governments to recognise the criticality of freight and supply chain workers, providing them immediate access to the vaccine (09 June 2021).  More...

Dreadful performance of Australia’s container ports is revealed
Australia’s container ports are near-completely failing Australian exporters, importers, shippers, shipping lines and society in general because they have terrible on-the-job performance. All of our container ports, except Brisbane, are in the 25 per cent of the worst-performing container ports in the world (07 June 2021).  More...

ACCI reports Australia’s reliance on global supply chains
The lead author of the 2021 Australian Chamber of Commerce and Industry (ACCI) National Trade Survey Report says Australia needs to overhaul its tax and industrial relations sectors to compete with other nations (08 June 2021).  More...

Shipping cost surge raises retail price pressures and inflation risks
Over the year to May 2021, the median cost of shipping a 20 foot export container from Australia to China increased by almost 40 per cent to nearly $1,479, according to figures provided by Shipping Australia and Mizzen Group. Although, Shipping Australia points out that at the beginning of the pandemic, Australia to China rates were $1,370 per container (10 June 2021).  More...

Industry calls for full consultation on the development of new critical infrastructure rule
The Security Legislation Amendment (Critical Infrastructure) Bill currently before Parliament allows the Government to make rules imposing reporting obligations on (amongst others) operators of intermodals as well as critical freight services assets including Toll Group, Aurizon, DHL Global Forwarding and Linfox (07 June 2021).  More...

ALC calls for more time on new critical infrastructure rules 
The Australian Logistics Council has called on the government to more carefully consider which additional freight and logistics assets will be subject to the national critical infrastructure legislation (08 June 2021).  More...

Inland Rail key to saving on transport costs
Shifting to Inland Rail could save Australian producers, manufacturers and growers $170 million in transport costs each year according to a CSIRO supply chain analysis (01 June 2021).  More...

ABF to dust off and seize asbestos
The ABF is undertaking a targeted period of action against imported building products at risk of containing asbestos. Assistant Minister for Customs, Jason Wood said the intention of the ABF’s Action wasn’t to hold up any legitimate and safe building materials, but to protect the Australian community from asbestos (07 June 2021).  More...

BAE Systems Maritime Australia partners with Lloyd's Register
BAE Systems Maritime Australia and Lloyd’s Register are cooperating to support Australian businesses preparing to supply equipment to the Hunter Class Frigate Program. This collaboration with Lloyd’s Register will help develop the supply chain in support of continuous naval shipbuilding for Australia (01 June 2021).  More...

Logistics workers report difficulties with new tech investments
New research has found 98 per cent of Australian transportation and logistics workers have reported technical difficulties with new tech investments made during the pandemic. The findings from mobile management solutions provider SOTI’s 2021 report also uncovered 44 per cent of employees lose three to four hours every week because of system downtime delaying shipments (01 June 2021).  More...

NSW peak body welcomes port empty container scheme
Peak body Road Freight NSW welcomes a new scheme which incentivises shipping lines to better manage and evacuate empty containers at Port Botany (09 June 2021).  More...

Australian Government establishes freight data hub 
Australian freight data has taken a leap forward with the launch of the National Freight Data Hub prototype website. The Hub will highlight important information about traffic volumes, congestion, road condition and rest area usage, to improve road safety for the nation’s freight operators (01 June 2021).  More...

More trucks and freight but fewer crashes, finds report
A major new report, released ahead of the June long weekend, has found that Australia’s roads were the safest they’ve been in years during peak Covid restrictions. The number of multi-vehicle crashes involving heavy vehicles was down more than 16 per cent, according to the NTI’s 10th national report (10 June 2021).  More...

Trucking industry sees substantial decline in accidents
The number of multi-vehicle crashes involving heavy vehicles was down more than 16per cent year-on-year, according to new data from a new report from NTI’s National Truck Accident Research Centre (10 June 2021).  More...

Transport minister agree pathway to trucking reform
The ITMM agree to a four-year plan to settle road charging and expenditure plus new HVNL in 2023. The ‘pathway’ document does come with a caveat. Beyond that, it envisions four common tasks – Identify, Prepare, Setup and Apply for each in each year from 2021 to 2024 (02 June 2021).  More...

ATA lauds ministers' decision on HVNL reform
Under planned changes to the national truck laws, trucking businesses will not need to hold a special business licence or meet a mandatory national operator standard, it notes. The ATA states that the move will help save 131,580 businesses from more red tape. Final legislation on HVNL reform will be presented to ministers in mid-2023 (04 June 2021).  More...

NHVR flags new road train prime mover exemption
The National Road Train Prime Mover Mass and Dimension Exemption Notice 2021 is now in effect, the National Heavy Vehicle Regulator reports. The Notice grants more network access to non-road train combinations (02 June 2021).  More...

Regulator launches campaign targeting illegal engine remapping
A new NHVR education campaign will highlight the health and safety risks caused by illegal engine remapping on truckies and logistics workers, as well as communities and the environment (09 June 2021).  More...

Vehicle incidents - heading in the wrong direction
Near miss incidents involving vehicles have the potential to seriously injure or kill, due to the sheer size of the equipment typically involved. Awareness campaign resources, specifically targeting mine workers at open cut coal mining operations and selected metalliferous operations in NSW, address the risk of collisions involving heavy mining equipment (10 June 2021).  More...

Road train prime movers now have more access to networks
A new Notice for road train prime movers will ease pressure on the road network, improve fatigue management and increase the efficiency of Australia’s heavy vehicle fleet, said the NHVR (02 June 2021).  More...

Agriculture Victoria in grain dumping caution
With the increased movement, there is potential risk that some transporters are concerned about having excess weight and compliance with the Heavy Vehicle National Law, which is considered a breach of their Chain of Responsibility, AV grains industry biosecurity officer Jim Moran says (02 June 2021).  More...

Canberra commits $20.8m to fix Queensland’s most dangerous roads
The Australian Government’s Black Spot Program has committed $20.8 million in a bid to improve 67 dangerous crash sites on Queensland roads over the next year (11 June 2021).  More...

Mount Gambier truck driver guilty over crash that killed tourist
Peter Buckley, 61, of Mount Gambier, has been found guilty of culpable driving over a crash that killed a tourist and seriously injured three others near Portland, Victoria (08 June 2021).  More...

Published – articles, papers, reports

ACCI: National Trade Survey Report 2021
Australian Chamber of Commerce and Industry: June 2021
Australia needs to overhaul its tax and industrial relations sectors to compete with other nations. The Fifth ACCI 2021 Trade Report makes 20 recommendations, including a “cleaner and greener” trade approach.  More...

NHVR: Newsletter
Fortnightly newsletter providing important information on the heavy vehicle industry, including the latest NHVR news and events, relevant law and policy changes.
Latest edition - On the Road Issue 115 - 1 June 2021

Practice and Regulation

IFAM Extension of the International Freight Assistance Mechanism to September 2021
Extension to the International Freight Assistance Mechanism 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.

SAL: “Standards for Empty Shipping Container Inspection” – updated and freely available now
Shippers of containerised plant products can now access the updated and freely available "Standards for Empty Shipping Container Inspection" document which gives guidance on export-acceptable shipping containers (21 May 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: 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 on livestock ships which will run from 1 March 2021 to 31 August 2021.  More...

AMSA: HF radiotelephone monitoring in Australia
From 1 January 2022, AMSA will provide 24-hour nationwide monitoring of high frequency radiotelephone distress, urgency and safety communications in Australia.  More...

DAWE: Import industry advice notices 2021
03 June 2021 – 113-2021 Revised Minimum documentary and import declaration requirements policy

DAWE: Export industry advice notices 2021
07/06/2021 – 2021-30 Congestion Busting – Industry Survey for harmonised regulatory approach between Commonwealth, State and Territory Governments
07/06/2021 – 2021-29 Plant Exports Management System – Plant Exports Management System updates
02/06/2021 – 2021-28 Congestion Busting – Biosecurity treatment industry roundtables

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

Port of Melbourne Stakeholder and Industry Consultation 2021
Throughout April and May 2021, we are consulting with port users and other industry stakeholders to provide an update on key issues, port activities and stakeholder interests. Some of these topics include our investment program, trade information, tariff update and preferred ways of communicating. Please refer here for further information and on how to participate.  More...

Infrastructure and Transport Ministers’ meeting
Infrastructure and Transport Ministers met on Friday 28 May 2021 to endorse the National Road Safety Strategy 2021 -2030, a Heavy Vehicle Road Reform Plan, the National Urban Freight Planning Principles and a roadmap for Automated Vehicle Safety. They have released a communique outlining these initiatives which can be found here.

NHVR: Safety education campaign targeting illegal engine remapping
A new NHVR education campaign will highlight the health and safety risks caused by illegal engine remapping (09 June 2021).  More...

NTC: Consultation
Assessing Fitness to Drive - draft guidelines 2021
The NTC is reviewing Assessing Fitness to Drive in collaboration with Austroads. Submissions will close on 11 June 2021.This draft document has been uploaded for consultation purposes only.  More...

HVIA: Implementation team lined up to address RVSA
The Department of Infrastructure has released two new guidance documents the Guide to Vehicle Type Approval Opt-in Arrangements and the Guide to Vehicle Type Approvals. HVIA has updated its checklists for Manufacturers regarding Identity Plate Approvals and Vehicle Type Approvals to incorporate references to these new documents. HVIA’s RVSA Checklist for Manufacturers– IPAs and VTAs. Manufacturers of vehicles are encouraged to read these documents to ensure they are prepared for the implementation of the new legislation which commences on 1 July 2021.

HVIA: RVSA checklists
HVIA has prepared guidance material in preparation for the introduction of the Road Vehicle Standards Act on 1 July 2021. The guidance material consists of three checklists for members intended to assist the following: Component Suppliers – SARN and CRN holders, Manufacturers – holders of IPAs and VTAs and Manufacturers – a checklist covering the transition to the RAV.

ATO alerts
02/06/2021 Basic method for heavy vehicles
Use the basic method for heavy vehicles to calculate your fuel tax credits if you claim less than $10,000 each year.

A new home for road vehicle recalls
From 1 July 2021, road vehicle recalls will be published by the Department of Infrastructure, Transport and Regional Development and Communications. (09 June 2021).  More...

HVIA: Release of ADR Amendment Omnibus
DITRDC will now manage minor changes to ADR’s via periodic “omnibus” instruments which will contain a number of changes in one instrument. The first of these instruments for 2021, Vehicle Standard (Australian Design Rule) Amendment Instrument 2021 (No.1), was released by the Department. The Department has issued an explanation note for each of the changes, which can be found here. The omnibus, itself outlines the specific changes and can be found here (09 June 2021).

NHVR: National Road Train Prime Mover Mass and Dimension Exemption Notice 2021
The Notice impacts decoupling, steer mass limits and combination lengths. It’s noted the Notice allows 27m B-doubles on road train networks, but not B-double networks. The Notice will apply in all states and territories operating under the Heavy Vehicle National Law, except Tasmania. More information can be accessed here (04 June 2021).

ATSB: Applications now open for Graduate Certificate in Transport Safety Investigation
The 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 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 2022 February intake.  More...

Cases

Orient Overseas Container Line Ltd v APL Co Pte Ltd (No 2) [2021] FCA 606
ARBITRATION – application for stay of proceeding subject to conditions under s 7(2) of the International Arbitration Act 1974 (Cth) – stay and certain conditions by consent, other conditions contested – scope of the power to order conditions – whether proposed conditions intrude on the arbitration – whether power to order injunction as a condition to a stay.
ADMIRALTY – stay of slot-charterer’s claim against vessel interests for indemnity for any liability to cargo interests in favour of arbitration – conditions of stay with respect to cargo interests’ separate proceeding against vessel interests – common issues.
Federal Court of Australia Act 1976 (Cth) Pt IVA; International Arbitration Act 1974 (Cth) Pt II s 7(2), Sch 1.

LibertyWorks Inc v Commonwealth of Australia [2021] FCAFC 90
ADMINISTRATIVE LAW – challenge to validity of a determination made by the Health Minister under s 477(1) of the Biosecurity Act 2015 (Cth) – where determination prevented Australian citizens, permanent residents, or operators of outgoing aircraft or vessels from leaving Australian territory, unless an exemption applied – whether determination requires an individual to be subject to a biosecurity measure of a kind set out in Subdiv B of Div 3 of Pt 3 of Ch 2 of the Act and is therefore invalid by reason of s 477(6) – whether s 477(6) prevents a determination applying to a group or class of individuals.
STATUTORY INTERPRETATION – whether s 477(3)(b) of the Biosecurity Act 2015 (Cth) refers to “places” outside Australian territory – whether Act displaces presumption that references to the singular include the plural.

Moffett v Robin [2021] NSWDC 211
TORTS – negligence – Civil Liability Act 2002 (NSW) claim – work accident – whether the plaintiff’s claim was properly a claim brought under the Civil Liability Act 2002 (NSW) or the Workers Compensation Act 1987 (NSW) – whether the plaintiff had a contract of service or a contract for services – whether the plaintiff was a “worker” or “deemed worker” - whether tree felling and pruning company was vicariously liable for person working with the plaintiff on the day of the accident or such person was the company’s agent – whether breach by company of duty of care.
The driving and use of heavy vehicles with Active’s logos on them; workers in the team drove the heavy vehicles to and from the work site on many occasions. Any entitlements of the plaintiff against Active arise under the WCA and the WIM Act.

Legislation

Commonwealth

Bills

Special Recreational Vessels Amendment Bill 2021
Amends the Special Recreational Vessels Act 2019 to extend the operation of the Act from 30 June 2021 to 30 June 2023. The SRV Act was enacted to allow special recreational vessels (also known as superyachts) to opt into the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Coastal Trading Act) so they could operate charters in Australia. Assent Act no: 43 Year: 2021 10 Jun 2021

Regulations

Maritime Transport Security (Screening Officer Requirements) Determination 2021 
11/06/2021 - This instrument determines certain requirements for specified screening officers, thereby standardising the competency levels of specified screening officers.

Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Variation (Extension No. 2) Instrument 2021
10/06/2021 - This instrument amends the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 to extend the human biosecurity emergency period for a further 3 months until 17 September 2021.

Biosecurity (First Points of Entry Determinations) Amendment (Periods of Effect) Determination 2021
10/06/2021 - This instrument amends seven first point of entry determinations to vary the date of repeal (airports and Ports). 

Vehicle Standard (Australian Design Rule 83/00 - External Noise) Amendment Instrument 2021 (No.1) 
07/06/2021 - This instrument amends the Vehicle Standard (Australian Design Rule 83/00 – External Noise) 2005 to define limits on external noise generated by motor vehicles, motor cycles and mopeds in order to limit the contribution of motor traffic to community noise.

Australian Radiation Protection and Nuclear Safety (Licence Charges) Amendment Regulations 2021 
03/06/2021 - These regulations amend the Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2018 to increase annual licence charges by an indexation amount of 2 per cent.

Transport Security Legislation Amendment (Repeal of Screening Officer Requirements) Regulations 2021 
01/06/2021 - These regulations amend the Aviation Transport Security Regulations 2005 and the Maritime Transport and Offshore Facilities Security Regulations 2003 to repeal training and qualification requirements, and requirements in relation to the form, issue and use of identity cards for screening officers; and make minor consequential and technical amendments.

Gazetted: 01 June 2021

Heavy Vehicle National Law - National Class 3 Road Train Prime Mover Mass and Dimension Exemption Notice 2021 (No.1) 
The purpose of this Notice is to provide an exemption from prescribed vehicle length requirements and steer axle mass requirements for prime movers and combinations where the prime mover is registered to operate as a road train. The exemptions granted in this Notice are subject to conditions on mass, length and other requirements.

Gazetted: Reminder

Notice of Intention to Propose Customs Tariff Alterations - Notice (No. 3) 2020
At the end of Schedule 4 Insert: 57B. Goods, as prescribed by by-law, if:
(a) the goods are medical products or hygiene products; and
(b) the goods are capable of use in combating the novel coronavirus that causes the disease known as COVID-19; (c) the time for working out the rate of duty on the goods is in the period beginning on 1 January 2021 and ending at the end of 30 June 2021. The alteration operates from 1 January 2021.

NSW

Bills introduced - Government
Road Transport Legislation Amendment Bill 2021 11 June 2021

Regulations and other miscellaneous instruments
Rail Safety National Law National Regulations (Modification of FOI Act) Variation Regulations 2021 (2021-235) — published LW 21 May 2021

Queensland

Subordinate legislation as made – 28 May 2021
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

Acts assented

Date of assent: 1 June 2021
Zero and Low Emission Vehicle Distance-based Charge Act 2021 (Vic)
Act Number: 18/2021

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.

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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