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Inside track: Transport, Shipping & Logistics

21 April 2021

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media

Suez Canal blockage to cause lasting construction delays and owner-contractor disputes
The nautical jam has and will continue to delay all aspects of the construction supply chain from traditional construction materials, to heavy equipment and oil supplies. Substantial project delays will soon follow – especially on the largest of industrial projects (07 April 2021).  More...

ASMA: New national guidelines for complex maritime emergencies
Complex maritime emergencies are a persistent threat to the global maritime environment, and those who work on and by the sea (16 April 2021).  More...

ASMA: Update on the review of domestic commercial vessel seafarer certificates
Industry’s strong response during consultation on Australian near coastal seafarer certification provided valuable feedback on the proposed changes to make seafarer certification easier to understand and apply (13 April 2021).  More...

COVID outbreak on iron ore carrier highlights threat to maritime supply chains
The Maritime Union of Australia said the Federal Government needed to take urgent steps to improve crew change arrangements, implement testing arrangements for all seafarers on international vessels, and ensure seafarers had priority access to COVID vaccines (16 April 2021).  More...

Manila crews ‘unavoidable’ as WA exporters forced to navigate COVID waters alone
Iron ore exporters keeping the nation’s economy afloat have no choice but to use crews from the Philippines as coronavirus restrictions make it near impossible to change over staff on West Australian soil (15 April 2021).  More...

CTAA: Empty container congestion still a concern
Shipping lines serving Australia have responded to the call for higher levels of empty container evacuations to relieve empty container congestion.While these efforts are acknowledged, the continued surge in import volumes means that surplus empties are still a real cause for concern and added cost in the landside logistics sector (15 April 2021).  More...

Stevedore landside infrastructure & access fees - Vulnerable supply chains
An important summary compiled by Paul Zalai, Director of Freight & Trade Alliance (FTA), raises concerns about the continued advocacy to State and Federal Governments on the impact of rising stevedore landside infrastructure & access fees (14 April 2021).  More...

Port of Townsville signs green hydrogen MoU with Origin Energy
Clean, green, hydrogen as an Australian export commodity took one step closer to reality this week when Origin Energy signed an MoU with Port of Townsville, a Shipping Australia member, for an export-scale liquid hydrogen project (16 April 2021).  More...

Port of Newcastle joins Shipping Australia
Shipping Australia is delighted to welcome Port of Newcastle as our newest member! Port of Newcastle has been operating for more than 220 years and is the largest port on Australia’s East Coast. The port’s direct and flow-on contribution to Australia’s gross domestic product is almost $1.5 billion and it also underpins almost 9,000 full-time equivalent jobs nationally (17 April 2021).  More...

Fire-Damaged Antarctic Resupply Vessel Docks in Fremantle
Australia’s Antarctic resupply ship reached Fremantle a week after a fire disabled one of the vessel’s two engine rooms. The Australian authorities announced that they would be conducting a full investigation into the fire. The Dutch vessel was operating on charter to Australia after the previous vessel used for supply missions was retired after 30 years of service (13 April 2021).  More...

Senate inquiry into road transport industry moves to Melbourne
Melbourne will host the latest hearings of the Senate’s Rural Regional Affairs Transport (RRAT) References Committee next week. One of the key items on the agenda is a focus on the importance of an enforceable minimum award rate and sustainable standards and conditions for all stakeholders in the road transport industry (16 April 2021).  More...

NSW in ‘farm gate’ heavy vehicle access initiative
A new heavy vehicle access initiative in NSW aims to cut permit red tape for operators and farmers across local road networks.  Farm Gate Access Network (FGAN) streamlines end-to-end transport access from farm gate to market in six pilot areas across the state (16 April 2021).  More...

Heavy vehicle health check to kick off in May
The National Heavy Vehicle Regulator (NHVR) is urging heavy vehicle operators to use their Daily Safety Checklist, ahead of the second major health check of Australia’s heavy vehicle fleet (13 April 2021).  More...

More can be done to fix NSW local roads
New South Wales roads are set to see an upgrade with an additional $150 million of funding from the Australian and NSW Governments going towards Round 2 of the Fixing Local Roads Program. These upgrades will be used to repair, patch, maintain and seal local roads (12 April 2021).  More...

Rego hike proposal for older trucks blasted by ATA
Governments must immediately reject an outrageous proposal to increase truck registration charges by up to 220 per cent, CEO of the Australian Trucking Association, Andrew McKellar. The proposal is in a research report developed by Austroads, the peak organisation of state and territory road transport agencies (12 April 2021).  More...

Options for managing the impacts of aged heavy vehicles
Austroads has published a research report which analyses the impacts of an aging heavy vehicle fleet and explores measures that have been used to manage this challenge in Australasia and internationally (09 April 2021).  More...

PBS Delays Hurting Industry
HVIA has issued an urgent and passionate plea to the National Heavy Vehicle Industry Regulator (NHVR) to solve the Performance Based Standards (PBS) approvals crisis. Vehicle standards related functions like PBS are under-resourced across all levels of Government but the PBS situation is out of control (13 April 2021).   More...

Geelong acid spill driver cops massive penalty
A truck driver who drove away from a spill of sulphuric acid in Geelong has been fined $50,000 and ordered to pay nearly $95,000 for the clean up, as well as thousands in court costs (09 April 2021).  More...

ATA calls for zero emission truck buying incentive
As the Australian Trucking Association (ATA) releases its submission to the Australian Government’s Future Fuels Strategy, it is calling for the implementation of a temporary zero emission truck purchase incentive (09 April 2021).  More...

Transport boss convicted of speed limiter tampering
The owner of a South Australian transport company has been prosecuted by the National Heavy Vehicle Regulator (NHVR) for possessing speed limiter tampering equipment. NHVR Executive Director of Statutory Compliance Ray Hassall said speed limiter tampering was a serious offence (07 April 2021)  More...

Published – articles, papers, reports

Options for managing the impacts of aged heavy vehicles
AUSTROADS AP-R637-21 8 April 2021
This report investigates policy options for reducing the harmful effects of the oldest trucks operating on Australian and New Zealand roads.  More...

ATSB Latest Investigations
Engine room fire on board MPV Everest, 550 NM north-east of Mawson Station, Australian Antarctic Territory, 5 April 2021 - new investigation
At about 1417 AEST, a fire was reported in the port engine room of MPV Everest while it was en route from Mawson Station in the Australian Antarctic Territory to Hobart, Tasmania with 109 crew and expedition staff on board.

NHVR: Newsletter
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

ASMA February incident report
7 April 2021 - The February incident report has been published. A total of 80 domestic commercial vessel incidents were reported to AMSA during February 2020. Of these, 21 were serious and 1 very serious.  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 until 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...

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...

Focused inspection campaign—float-free EPIRBs
We will undertake a focused inspection campaign (FIC) on float-free EPIRB requirements on domestic commercial vessels over the period 1 February to 30 April 2021.  More...

DAWE Import Industry advice notices
08 April 2021 56-2021 - Amendments to Human Health and Coronavirus (COVID-19) questions for the Maritime Arrivals Reporting System (MARS)
08 April 2021 57-2021 - Port of Brisbane first point of entry determination amended

DAWE Export Industry advice notices
15 April 2021 2021-13 Congestion Busting Program – Plant Exports Management System updates

IFCBAA: New recycling and waste laws
From 1 January 2021 exporters will no longer be able to send unprocessed waste glass overseas. Rules for waste plastics, tyres and paper will be phased in over time. 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.

ALC Submissions
Future of Fuels Discussion Paper – April 2021

AIS: TLI Naval Shipbuilding (NSB) Integrated Logistics Support
13 April 2021 - The Transport and Logistics Training Package (Release 9.0) has been endorsed by Skills Ministers for implementation.  More...

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.

Productivity  Commission: Vulnerable Supply Chain Review
An interim report was publicly released on 26 March 2021. The Commission has developed a framework to identify supply chains that are vulnerable to disruption, and applied it to Australian imports. Participants are invited to examine the report and comment on it by written submission by Friday 30 April 2021. More...

NHVR Consultation: draft Heavy Vehicle Safety Strategy 2021-2025
The draft strategy sets out the NHVR’s strategic ambitions to improve heavy vehicle safety outcomes and contribute to a reduction in the number of crashes, fatalities and serious injuries involving heavy vehicles. The strategy, which was developed to align with the Federal Government’s draft National Road Safety Strategy 2021-2030, is open for feedback until 30 April 2021.To view the strategy and make a submission here

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: RVSA Checklists
HVIA has prepared guidance material in preparation for the introduction of the Road Vehicle Standards Act (RVSA) 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 

NTC Consultation: ADG Code Maintenance Project 2021- UPDATE 1
Publication date 09 April 2021; Comments due 21 May 2021
Australian Dangerous Goods Code (ADGCode) maintenance project - Transport of Dangerous Goods by Road & Rail (ADG 7.7) against the United Nations (UN) Model Recommendations(UN21).  More...

Rural and Regional Affairs and Transport References Committee
Importance of a viable, safe, sustainable and efficient road transport industry
Status: Submissions closed Date Referred: 11 September 2019 On 5 February 2021, the Senate granted a further extension of time to report until 23 June 2021. Resources are available to assist operators transition to the new fatigue rules, including our Plain English Guide for fatigue management and our Fatigue transition policy that provides information for operators on how to meet transition timeframes and comply with the new rules.

Cases

Perry and Go Marine Group Pty Ltd (Compensation) [2021] AATA 830
COMPENSATION – osteoarthritis – aggravation of osteoarthritis – condition contributed to by employment – material degree test – pre-existing condition – obesity – decision affirmed
In 1995 the Applicant was employed by ASP  Ship  Management and was working on the boat “CSL Innovator” which transported sugar from Australia to Indonesia

Energy Global Logistics Pty Ltd v Zigga Zagga (Australia) Pty Ltd [2021] NSWSC 348
COSTS – Party/Party – Costs orders in interlocutory proceedings – Costs in the cause – Bases of quantification – Indemnity basis – Timing – Costs payable forthwith
Plaintiff (international freight forwarder and customs agency ) commenced proceedings against the first defendant, Brandinc Australia, that required the transportation and shipping of branded merchandise from time to time, seeking liquidated damages based on unpaid invoices

Noble Resources International Pte Ltd v Gloucester Coal Ltd & Anor [2021] NSWSC 346
Further disclosure of documents ordered PRACTICE AND PROCEDURE – disclosure of documents – whether plaintiff should make further disclosure of documents. Under the Agreement, Export Coal was defined to include:
“Coal exported from the Port of Newcastle by ship during the Term by any third party using infrastructure facilities (but excluding any infrastructure facilities up to (and including) loading of coal into trucks or trains for export) provided, made available, vacated or foregone by … a member of the Gloucester Group

Wiggins Island Coal Export Terminal Pty Limited v Civil Mining & Construction Pty Ltd [2021] QCA 75
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – INTERLOCUTORY PROCEEDINGS – COSTS RESERVED – OTHER MATTERS – where the appellant’s appeal was dismissed with costs – where the respondent had applied to strike out the appeal, arguing that it was an appeal only in relation to costs, brought without leave – where the applicant had applied to the trial judge for a declaration that leave to appeal was not required, or, in the alternative, for leave to appeal – where the question of whether leave was required was not determined on either application – where the costs of both of those applications were reserved – where the appellant contends that no order should be made in relation to the reserved costs – where the respondent submits that costs should follow the event – whether any order should be made concerning the reserved costs of the two applications

Comptroller-General of Customs v Inchcape Shipping Services Pty Limited [2021] QCA 61
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER CASES – where the applicant prosecuted the respondent, a shipping agent, in the Magistrates Court for 132 offences under the Customs Act 1901 (Cth) – where the applicant applies for leave to appeal against the decision of the primary judge dismissing the applicant’s appeal from the Magistrates Court – where the applicant relies upon three arguments for the contention that the primary judge erred in deciding that liability under s 236 of the Customs Act had not been established against the respondent – where the applicant argues under s 236 the respondent could be concerned in the commission of an offence against the Customs Act even if a “mistake of fact defence” may be available to the master under s 9.2 of the Commonwealth Criminal Code – where the applicant argues that the applicant did not bear a legal burden of disproving in each case that the master was acting under such a mistake of fact – where the applicant argues that it was not open to the primary judge to infer that the master of each of the seven vessels mistakenly and reasonably believed that the respondent would submit the relevant reports in accordance with the Customs Act – where the respondent opposed the grant of leave to appeal upon the basis that the order by the primary judge dismissing the appeals was in any event correct, because the primary judge erred in deciding that the reference in s 236 to a person concerned in the commission of any offence did not require proof of intention – whether leave to appeal should be granted in these circumstances
TAXES AND DUTIES – PENAL PROVISIONS UNDER CUSTOMS LEGISLATION – OFFENCES – AIDERS AND ABETTORS – where the applicant prosecuted the respondent, a shipping agent, in the Magistrates Court for 132 offences under the Customs Act 1901 (Cth) – where the offences were in relation to seven ships’ operators failures to make reports to the Department by the specified time, on various dates between 2014 and 2017, as required by ss 64, 64ACB and 64ACA – where the masters were not prosecuted – where the masters had retained the respondent as the shipping agent for the purpose of complying with the reporting obligations of the masters – where each ship’s master had provided the necessary reports to the respondent in time for the respondent to attend to compliance with the master’s statutory obligations – where the applicant alleged that the respondent was deemed to have committed the offences actually committed by the ships’ masters by s 236 of the Customs Act – where the magistrate found the respondent not guilty of each charge – where the applicant appealed to the District Court – where the primary judge dismissed the appeal – where the primary judge held that the second 

Success Logistics Australia Pty Ltd v Fortune Imports Pty Ltd (Civil Claims) [2021] VCAT 281
Importation of children’s toys, delayed release of shipment, fees claimed for storage and transport, terms of contract, breach of contract, damages, mitigation, counter claim for delivery of goods, interlocutory injunction granted, undertaking as to damages. 

NATIONAL HEAVY VEHICLE REGULATOR v OBST; NATIONAL HEAVY VEHICLE REGULATOR v TURNBULL [2021] SASC 37
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - OTHER MATTERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
The respondents were separately charged with contravening section 250(1)(a) of the  Heavy Vehicle  National Law by driving a fatigue-regulated  heavy vehicle  operating under standard hours for more than 12 hours

R v Singh [2021] VSC 182
CRIMINAL LAW – Culpable driving causing death – Plea of guilty – Death of four police officers on duty – Driving large heavy vehicle – Fatigued and under the influence of a drug of dependence.

Legislation

Commonwealth

Act Compilation – 15 April 2021

Inspector-General of Live Animal Exports Act 2019
Act No. 81 of 2019 as amended

Export Charges (Imposition—General) Act 2015
Act No. 95 of 2015 as amended

Customs Act 1901 
Act No. 6 of 1901 as amended

Regulation

Customs Amendment (Product Specific Rule Modernisation) Regulations 2021 
06/04/2021 - This instrument amends several Regulations prescribing product specific rules of origin for the Australia-United States Free Trade Agreement, Thailand-Australia Free Trade Agreement, Australia-New Zealand Closer Economic Relations Agreement, Australia-Chile Free Trade Agreement, Malaysia-Australia Free Trade Agreement and Korea-Australia Free Trade Agreement.

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; and (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

Marine Pollution Amendment (Review) Bill 2021
Assent date: 26/03/2021 (2021 No 8)
The objects of this Bill are to amend the Marine Pollution Act 2012 (the Act) to— (a)  address recommendations of the 2019 statutory review of the Marine Pollution Act 2012,and (b)  ensure consistency between the Act, the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth and the International Convention for the Prevention of Pollution from Ships (MARPOL),
Note: Schedules 1.1[6], [65]–[69] and [92] and 2.5[2] commence on a day or days to be appointed by proclamation

Bills introduced Government – 26 March 2021

Heavy Vehicle Legislation Amendment (National Regulator) Bill 2021

Queensland

Subordinate legislation as made – reminder
No 23 Transport Legislation Amendment Regulation 2021
Part 4, division 2 commences on 1 April 2021.

Victoria

Acts
No 41 Transport Legislation Amendment Act 2020 (Vic)
Date of commencement: 7 April 2021
Section 5, 7, sections 32(1), 32(3), 32(4), 33, 34, 38 to 42, 45, 49, 50 of this Act came into operation on 1 April 2021 (SG152 30.03.2021) Act Number: 41/2020

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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