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Inside track: Transport, Shipping & Logistics

21 October 2020

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media

Concept design for world’s first compressed hydrogen carrier ship
An Australian company named Global Energy Ventures presented what it believes will be the world’s first compressed hydrogen ship which could play a key role in the development of a hydrogen export industry (17 October 2020).  More...

LR response to GMF comments on regional regulation in shipping
Lloyd’s Register is aware that there have been calls for greater regional regulation of the global shipping industry at this year’s virtual Global Maritime Forum event. Lloyd’s Register is committed to working with all industry players to halve GHG emissions from 2008 levels by 2050. To do this, zero-carbon vessels must enter to world fleet by 2030 (17 October 2020).  More...

Stowaway and other breaches uncovered in Operation Sierra Angle
Industry's mostly staunch resolve throughout the Covid-19 pandemic has been tested this week as a Queensland heavy vehicle blitz on the NSW border uncovers one stowaway from Victoria and nearly 50 other offences from 184 intercepts (16 October 2020).  More...

Container ship marooned off Sydney as authorities scramble for a protocol
Since early February, Port Authority NSW has required mandatory health reporting by all ships arriving at NSW ports. This is a sensible approach to help protect their crucial and limited maritime workforce. But there is no protocol on what to do if a ship reports a sick crew member (16 October 2020).  More...

Surcharges spiral out of control despite wharfies returning to work
Major international shipping lines are maintaining a 'Port Botany Congestion Surcharge' ranging from USD 285 to 350 per twenty foot equivalent unit despite resumption of full operations and statements this week from all three stevedore executives suggesting successful finalisation of enterprise agreements (15 October 2020).  More...

Port of Melbourne regarding ESC Market Rent Inquiry
Port of Melbourne disagrees with the findings of the Essential Services Commission's Market Rent Inquiry, and hold the firm view that our activities in leasing port land have been undertaken in accordance with usual market practice and consistent with our obligations (14 October 2020).  More...

Dual-fuel ME-GI engines to power Newcastlemax Bulkers
EPS has sealed an agreement to charter the five LNG dual-fuel Newcastlemaxes to Australian mining giant, BHP, for a period of five years. The vessels are scheduled for delivery during 2022 and will carry iron ore between Western Australia and China (14 October 2020).  More...

International shipping urges EU to address ship emissions via IMO
Global shipping industry bodies have expressed worries about the plan of the European Union to include the maritime sector in its Emissions Trading System (14 October 2020).  More...

Concerns in Australia over COVID-19 incidents as bulk carrier sails
Australia authorities reported that the Mitsui O.S.K. Lines bulk carrier Vega Dream has been permitted to sail from its anchorage off Port Hedland despite crew members being in isolation aboard the vessel after testing positive for COVID-19. The vessel is believed to be sailing to the Philippines (14 October 2020).  More...

NSW heavy vehicle average speed camera program expands
The NSW Road Safety Plan 2021’s pledge to "expand the heavy vehicle average speed camera program to metropolitan areas to address risks associated with greater truck movements" is gaining more traction (12 October 2020).  More...

Global consumer goods CEOs warn of supply chain disruption; interruption “could push companies and countries over the edge”
Major global manufacturers and retailers of essential consumer goods, including food and hygiene products, have warned that anti-COVID restrictions in the maritime industry are "creating [a] huge disruption to global supply chains” (08 October 2020).  More...

NHVR welcomes release of Productivity Commission final report
The NHVR has welcomed the final report from the Australian Productivity Commission into National Regulatory Reform, including the heavy vehicle industry. The report highlighted the significant reform of safety and productivity across the heavy vehicle industry since the introduction of the Heavy Vehicle National Law in 2013 (08 October 2020).  More...

NHVR investigation enters business premises in Queensland and Victoria
Officers from the National Heavy Vehicle Regulator have this week entered multiple business premises in Queensland and Victoria using powers under the Heavy Vehicle National Law. The entries were a result of concerns around road safety and compliance with safety duties under the HVNL (08 October 2020).  More...

Budget 2020: Industry thumbs up on financial support
Fleet Owner Associations hail write-offs, training and freight infrastructure initiatives (08 October 2020).  More...

NTI welcomes HVSI funding for safety culture initiative
Heavy truck and transport insurer NTI is looking to press ahead with its Driving a National Culture of Safety initiative after being named amongst the National Heavy Vehicle Regulator’s 2020 Heavy Vehicle Safety Initiative grant recipients (06 October 2020).  More...

Published – articles, papers, reports

Container Trade Statistics - August 2020
CTS Australasia Oceania Import Export Volume: 14 October 2020
Container Trade Statistics supplied by: CMA CGM, COSCO Shipping, Emirates Shipping line, Evergreen, Gold Star Line, Hapag Lloyd, HMM, Ignazio Messina & Co, MSC, Nile Dutch, OOCL, Yang Ming, and ZIM.  More...

DFAT - Portfolio Budget Statements 2020-21
October 13, 2020
DFAT - 2020-21 Budget - Protecting Australia’s National Interests and Trade Relations
October 7, 2020 - As part of our Economic Recovery Plan for Australia, the 2020-21 Budget continues the Government's commitment to delivering for all Australians and advancing Australia's national interests in response to the health and economic crisis created by COVID-19.  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.  More...

WTO new edition of Trade Profiles publication (issued 08 October 2020)
Trade Profiles 2020 provides a series of key indicators on merchandise trade and trade in commercial services for 197 economies. For merchandise trade, major exports and imports are listed for both agricultural and non-agricultural products. For trade in services, a detailed breakdown is provided for transport.  More...

Practice and Regulation

Rural and Regional Affairs and Transport Legislation committee
Export Market Development Grants Legislation Amendment Bill 2020
Status: Accepting Submissions Date Referred: 08 October 2020 Submissions Close: 18 October 2020
Reporting Date: 04 November 2020

ATSB: Applications now open for Graduate Certificate in Transport Safety Investigation
The Australian Transport Safety Bureau 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.  More...

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

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 7.7 can be used. The Code is an important technical resource to help Australia’s transport and logistics industry to operate safely when carrying dangerous goods.  More...

NTC Discussion Paper - A national in-service safety law for automated vehicles
16 October 2020 - We are developing and assessing options to assure the safe operation of automated vehicles while they are in service. The NTC will accept submissions until 11 December 2020.  More...

AMSA marine notices
2020/09 STCW seafarer certificates and certificates of medical fitness—further arrangements for COVID-19 – Certification
The purpose of this marine notice is to advise flag States, port States, vessel owners, operators, masters and crews that the Australian  Maritime Safety Authority has taken steps to allow the holders of: Seafarer certificates, and certificates of medical fitness, to continue to perform duties even if the certificate expires during the period between 26 March 2020 and 31 January 2021.  More...

AMSA Extension National Law certificates of competency
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...

Some AMSA issued certificate of competency will be extended further
We have extended the duration of some certificates of competency that expire in the period between 26 March 2020 and 31 January 2021. To support seafarers during the COVID-19 time of uncertainty, we have taken steps to allow holders of National Law certificates of competency and first aid certificates to continue to perform their duties even if their certificate expires (21 September 2020).  More...

AWA: MAA 2020-23: China: Dairy: Testing of imported cold chain food for novel coronavirus (SARS-CoV-2) nucleic acid
28 September 2020 - This Market Access Advice provides information on China’s implementation of sanctions on manufacturers of cold chain food (e.g. frozen or chilled dairy products) in the event of a positive detection of novel coronavirus (SARS-CoV-2) on imported products or packaging. This was notified through the World Trade Organization on 21 September 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. The new legislative framework will commence on 28 March 2021.  More...

DAWE Export Advisory Notices
2020-20 Publication of Approved Forms for Reporting under ASEL 3.0 12 October
2020-19 Publication of Alternative Minimum Pen Space Allocation Policy under ASEL 3.0 09 October

DAWE: Regulatory practice statement: Consultation
The Statement is intended to be a vital document that will steer our regulatory improvements. It will underpin the 10 regulatory systems that we administer. We will publish the statement in early 2021. Submit your feedback by 30 October 2020.  More...

Cases

Full Joy Foods Pty Ltd v Australian Dairy Park Pty Ltd [2020] VSC 672
ARBITRATION – Application to set aside domestic award – Commercial Arbitration Act 2011 ss 34(2)(a)(ii) and 34(2)(b)(ii) – whether applicant was ‘unable to present its case’ because arbitrator made award on basis of claims and evidence not pleaded or argued – Whether award should be set aside on ‘public policy’ ground – procedural fairness – natural justice – TCL Air Conditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd [2014] FCAFC 83; (2014) 232 FCR 361 applied – applicant afforded reasonable opportunity to present its case – award not contrary to public policy – proceeding dismissed
Consignment was sent from Melbourne to Tianjin Port in China by sea. Before it left, the respondent had the product tested and obtained the necessary documentation for export. Those tests showed the product to be compliant with Chinese import controls and, in particular, the standard that prohibited the presence, at any level, of the bacteria enterobacter sakazakii (‘ES’), in the step 1 product.

Motor Yacht Sales Australia Pty Limited v Megisti Yacht Charters Limited (No 2) [2020] FCA 1459
PRACTICE AND PROCEDURE – non-party costs order – whether director of companies giving instructions to pursue litigation did so in own interests – whether non-party is connected with unsuccessful respondent companies – whether notwithstanding being respondents the companies were the moving parties – whether just and equitable to make non-party costs order SHIPPING AND NAVIGATION – whether person who lodges a caveat for a caveator can be liable to pay compensation under s 47E of the Shipping Registration Act 1981 (Cth) – whether without reasonable cause – alternative basis for claim – not necessary to decide.

Bhagwan Marine Pty Ltd v The Ship "Teras Bandicoot" (No 2) [2020] FCA 1481
ADMIRALTY – judicial sale of ship – application for valuation and sale of arrested ship pendente lite – where application is unopposed – where owner of ship does not intend to file a defence – where ship is not crewed and in dead-ship status Held: Application granted. Admiralty Rules 1988 (Cth) rr 69(1), 70.

Bates v R [2020] NSWCCA 259
CRIMINAL LAW – sentence – appeal – Offences of dangerous driving occasioning death and dangerous driving occasioning grievous bodily harm – where applicant was driving a B-double vehicle along a motorway – applicant took eyes off the road in order to retrieve a drink and removed both hands from the wheel – vehicle suddenly left the northbound carriageway, crossed a wide median strip and entered the southbound carriageway where it collided with another vehicle killing the passenger and severely injuring the driver – two drivers behind forced to take evasive action and collided with the trailer of the applicant’s truck after it had come to rest – where sentencing judge found that this was not a case of momentary inattention – whether this was a “typical” case of the kind identified in R v Whyte – whether aggregate sentence of 4 years and 6 months’ imprisonment with a non-parole period of 3 years’ imprisonment was manifestly excessive – serious offending – not a typical case attracting the strict application of the guideline – level of notional accumulation justified having regard to the injuries sustained to the driver – finding of manifest excess not supported by reference to sentencing outcomes in other cases – leave to appeal granted – appeal dismissed.

Legislation

Commonwealth

Regulations

Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 Amendment 10
08/10/2020 - This instrument amends the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 to implement a number of new and revised definitions to support the ongoing implementation of the Australian Design Rules (ADR), including a new ADR 61/03, under the Road Vehicle Standards Act 2018

Vehicle Standard (Australian Design Rule 61/02 – Vehicle Marking) 2005 Amendment 3 
08/10/2020 - This instrument amends the Vehicle Standard (Australian Design Rule 61/02 – Vehicle Marking) 2005 to make minor updates and allow for a transition between the Australian Design Rule 61/02 and the later version ADR 61/03

Gazetted

Heavy Vehicle National Law - New South Wales Class 3 Livestock Transportation Exemption Notice 2020 (No.1) 
08/10/2020 - This Notice revokes and replaces the New South Wales Class 3 Livestock Transportation Exemption Notice 2019 (No.1). This Notice is made under section 117 of the Heavy Vehicle National Law. This notice commences on 8 October 2020

NSW

Regulations and other miscellaneous instruments
Road Amendment (Miscellaneous) Rule 2020 (2020-616) — published LW 16 October 2020

Bills introduced

Government – 16 October 2020
Marine Pollution Amendment (Review) Bill 2020
(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).
Road Transport Legislation Amendment Bill 2020

Bills passed by both Houses of Parliament
Road Transport Amendment (Digital Licensing) Bill 2020

Queensland

Subordinate legislation
Transport Legislation (COVID-19 Emergency Response) Regulation (No 2) 2020 (Qld) This Regulation is made under the COVID-19 Emergency Response Act 2020, Rail Safety National Law (Queensland) Act 2017, Transport Infrastructure Act 1994, Transport Operations (Marine Safety) Act 1994. The policy objectives of the Regulation are to provide financial relief to commercial operators in state-managed boat harbours and provide a framework that will enable exemptions from requirements about certain marine authorities. The Regulation will also extend the expiry of a transitional regulation that preserves certain Queensland-specific definitions under national rail safety legislation. Note: This regulation expires on 31 December 2020.

Victoria

Statutory Rules

Port Management (Port of Melbourne Safety and Property) Regulations 2020
S.R. No.108/2020 18/10/2020: Reg. 3 SG (No. 505) 6/10/2020 p. 1

Road Safety (Drivers), (General) and (Vehicles) Interim Amendment Regulations 2020
S.R. No.105/2020 04/10/2020: Reg. 3 SG (No. 495) 29/9/2020 p. 1

Transport (Compliance and Miscellaneous) (Infringements) Amendment Regulations 2020
S.R. No.109/2020 18/10/2020: Reg. 3 SG (No. 505) 6/10/2020 p. 1

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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