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Inside track: Transport, Shipping & Logistics

24 August 2021

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media

Ship captain charged over underwater cable damage off Perth
The Australian Federal Police has charged the 59-year-old master of container ship Maersk Surabaya, which allegedly damaged the Australia Singapore cable off the West Australian coast – in what is believed to be the first prosecution by the AFP for the alleged offence (21 August 2021).  More...

More misery for Australian shippers forced into spot buying as D&D fees rise
As scarce shipping capacity forces more Australian shippers onto the spot market, rising container detention costs are piling more pressure on supply chains. According to the CTAA, cargo owners are already dealing with shipment delays, rolled cargo, equipment shortages and unprecedented freight rates (20 August 2021).  More...

CTAA warning on rising container detention fees
The CTAA has offered an analysis of the impact of a disrupted shipping container supply chain that indicates even more costs being injected into the system through detention fees. CTAA supports calls from forwarder and shipper representative bodies for the federal government-led review of container shipping lines practices and the establishment of a federal regulator akin to the US Federal Maritime Commission. Their submission can be found here (17 August 2021).  More...

Supply chain study: Shipping is resilient – official
Australia’s shipping sector is resilient during the COVID pandemic. That’s a key finding from the Productivity Commission vulnerable supply chains study. The report also later concluded that: Services from maritime shipping and port operators largely continued to function during the COVID-19 pandemic in Australia (20 August 2021).  More...

Few vulnerabilities in Australian supply chains
Australia’s supply chains have been disrupted by COVID and trade tensions, but most essential supply chains have proven resilient, according to a report released by the Productivity Commission (13 August 2021).  More...

Streamlined COVID testing requirements announced by National Cabinet
Dedicated freight lanes at borders wherever possible and a new rolling seven-day negative test requirement are the two major changes for the trucking industry from the National Cabinet meeting (20 August 2021).  More...

Low-risk imported food wins online checks
The Department of Agriculture says importers of low-risk food can now book a virtual inspection when their food is referred to the Imported Food Inspection Scheme (20 August 2021).  More...

Another study into an Australian ammonia fuel supply chain to get underway
Tokyo, Japan, headquartered Mitsui OSK Lines has announced it has signed a memorandum of understanding for a joint study to build a supply chain of renewable energy-derived ammonia (green ammonia), with a major Australian energy company Origin Energy (13 August 2021).  More...

App to lighten load for women truckies
Female truck drivers in Victoria are to get a one-stop-shop for the support they need on the road with the development of a new smartphone app, the Oz Truck app would provide 24/7 emergency support during breakdowns and crashes, as well as an online forum for drivers (20 August 2021).  More...

Working from home throws spanner in works for major Brisbane transport projects
More than 70 per cent of people have told PricewaterhouseCoopers they would prefer to work from home two days a week in the future. What does that mean for mass transit projects? (20 August 2021).  More...

Australia watchdog warns of gas shortfall in 2022
Australia’s competition watchdog said on August 17 that east coast LNG producers will need to step up their efforts to ensure the domestic market is adequately supplied or the region could face gas supply shortfalls by as soon as 2022 (18 August 2021).  More...

HVIA: Updated Freight Code to keep trucks moving
The updated Freight Code means workers crossing state and territory borders are required to have a negative COVID-19 test result in a rolling seven-day period (20 August 2021).  More...

Southeast Asia surge in road logistics
The CEO, DHL Global Forwarding Asia Pacific, says East Asian economies are expected to drive trade growth in 2021. As we have seen in the last year with volatile air and ocean freight rates during the COVID-19 pandemic, road or multimodal solutions have offered more stable pricing, capacity, and easier border access in Southeast Asia (18 August 2021).  More...

Keeping our supply chains open
NatRoad and state based transport associations support the protection of the community and are calling on our politicians and health authorities to recognise the value of the services. The industry needs to be formally recognised as an essential service (18 August 2021).  More...

HVIA: Model reports for heavy trailers on the agenda
Model reports are a new tool that has been introduced by the Road Vehicles Standards Act to assist in demonstrating compliance with relevant standards (18 August 2021).  More...

Long term thinking needed to protect industrial land and freight corridors
Australia’s national freight task is estimated to be 725 billion tonne-km, and is forecast to increase by 25 per cent to 962 billion tonne-km by 2040, meaning planning decisions made now will determine how that task is met. ALC CEO Brad Williams said the protection and preservation of industrial lands nationally is fundamental to the future operating capabilities of the supply chains (17 August 2021).  More...

The latest mobile app created to promote better access to mental health and physical wellbeing support across the Australian supply-chain workforce
In recognising that nearly 95 per cent of all road freight operators are small businesses, Healthy Heads in Trucks and Sheds, with the support of the NHVR, has developed an app that aims to improve ease of access to information, tools, and support when it comes to individual mental health and physical wellbeing (17 August 2021).  More...

Changes to add-on insurance for trucking industry
Trucking companies and their customers will keep convenient access to add-on insurance under a draft exemption from new requirements (17 August 2021).  More...

New NHVR notices deliver efficiencies for Special Purpose Vehicle access
Operators of special purpose vehicles, which include cranes and concrete pumps, will have red tape cut under two new NHVR notices (16 August 2021).  More...

NHVR supports accredited operators during COVID-19 restrictions
The NHVR has re-instated temporary changes to the NHVAS driver medical and driver medical and audit requirements, to support industry during the ongoing COVID-19 restrictions. Practical changes would be made to the scheme’s medical and audit requirements to meet the operational and health needs of our accredited operators, which will be in place until 31 January 2022 (13 August 2021).  More...

Industry seeks clarity over add-on insurance move
Trucking companies and their customers will keep convenient access to add-on insurance under a draft exemption from new requirements, but want incidental-storage detail (13 August 2021).  More...

Hybrids surge with sales almost doubling; electric vehicle sales continue to rise
Nine out of 10 new taxis and commercial passenger vehicles purchased in Australia last year were electric or hybrid, as the trend towards greener vehicles grows, according to the latest report from the National Transport Commission on carbon dioxide emissions intensity for new light (13 August 2021).  More...

EPA fines dangerous goods transporter for signage breach
The NSW Environment Protection Authority has fined a dangerous goods transport company for not appropriately supervising one of its drivers to ensure safe and lawful transportation of dangerous goods (12 August 2021).  More...

TWU to see Toll in court over payment terms
The Transport Workers Union is tackling Toll on two fronts – in court and on the shop floor – as enterprise bargaining moves into a tougher realm. The union said it will sue Toll for almost $52 million in the NSW Supreme Court for breaching its contracted payment terms with owner-drivers on more than 5,000 occasions during the pandemic Christmas period (11 August 2021).  More...

Published – articles, papers, reports

Fall from the pilot ladder on the bulk carrier Formosabulk Clement 5 NM east of Caloundra, QLD, 9 August 2021
ATSB investigation number: MO-2021-004.
The ATSB has commenced a safety investigation into this accident and will gather evidence from involved parties including the ship, launch and shore organisations. Click here to learn more.

Data to support the Heavy Vehicle Road Reform
AUSTROADS AP-R656-21: 19 August 2021.
This is the final report for the three-year project which has investigated a number of different aspects of the requirements, gaps, and opportunities for supplying infrastructure data suitable for supporting a future heavy vehicle cost recovery. Click here to learn 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. Read On the Road Issue 121 – 10 August 2021. Click here for the newsletter archive.

Practice and regulation

NHVR notices: Operators of Special Purpose Vehicles (SPVs)
Including cranes and concrete pumps, these notices make it easier for eligible SPVs to access networks by standardising maximum dimensions across the five participating states and territories and encompasses the most common cranes in the industry. Links to the notices and operator’s guides are as below:
National Class 1 Special Purpose Vehicle (up to 40t total mass) Mass and Dimension Exemption Notice 2021
National Heavy Vehicle Standards (Special Purpose Vehicles) Exemption Notice 2021 (No. 1)
National Heavy Vehicle Standards (Special Purpose Vehicles) Exemption Notice 2021 Operator’s Guide (18 August 2021)

Senate current inquiries
Importance of a viable, safe, sustainable and efficient road transport industry
Status: Submissions closed. Date referred: 11 September 2019. Reporting date: 25 August 2021.

NTC: Heavy vehicle charge consultation
The National Transport Commission has issued a consultation regulation impact statement (C-RIS) seeking feedback on a range of options for setting heavy vehicle charges that would apply from 2022–23 onwards. The C-RIS is available here. Submissions can be made here. Comments are due 24 August 2021. Click here for more information.

Supply Chain Resilience Initiative
Under the Supply Chain Resilience Initiative, over $15 million will be designated to establishing a new office of supply chain resilience. To find out more or apply for a grant under the Supply Chain Resilience Initiative click here. The closing date for submissions is 12 August 2021.

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.

AMSA overloading – don’t rock the boat! 
20 August 2021 – excessive loading of your vessel is dangerous and can cause your vessel to capsize. This includes the number of people on board, the engine, portable tanks, equipment, supplies and any catch that may be brought on board. Find out more about operating your tender safely here.

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. Click here for more information.

AMSA Marine Notice 05/2021 – sanctions
The purpose of this marine notice is to remind those who own, operate or are on board Australian ships, about offences under Australian sanction laws (updated 20 August 2021). Click here for more information.

AMSA Marine Notice 4–2021: Focused Inspection Campaign – safety of navigation 
The Focused Inspection Campaign (FIC) has been initiated by AMSA and is specific to Australia. It will apply to foreign flagged ships and regulated Australian vessels arriving at an Australian port. The FIC will be conducted until to 30 September 2021. Click here for more information.

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 until 31 August 2021. Click here for more information.

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 five 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. Click here for more information.

Inquiry into Port of Melbourne compliance with the pricing order 2021
The Essential Services Commission is undertaking its first five-yearly inquiry into the Port of Melbourne’s compliance with the Victorian government’s pricing order, to determine whether any non-compliance was significant and sustained. Consultation closes on 3 September 2021. Click here for more information.

DAWE import Industry advice notices 2021 – 11 – 18 August 2021
173–2021 – final changes to the lists of approved countries to export live marine and freshwater ornamental finfish to Australia.
166–2021 – crew declarations at first points of entry.
169–2021 – Port Authority user access to the Maritime Arrivals Reporting System.
170–2021 – Health Officer user access to the Maritime Arrivals Reporting System.

Australian customs notices
2021–132 – registration for the new integrated cargo system business continuity plan subscription list (11 August 2021).

Reminder
Australian customs notice no. 2021–25
Commencement of the Recycling and Waste Reduction (Export – Waste Plastics) Rules 2021. The commencement of the Plastic Rules on 1 July 2021 (phase two begins on 1 July 2022) ensures that Australia will only export waste plastic that has been processed and meets certain requirements. Exporters of these materials will need a licence to export by the required regulation date. Rules for tyres will come into effect on 1 December 2021 and paper and cardboard on 1 July 2024.

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.

Cases

Belflora Pty Ltd v Vinflora Pty Ltd [2021] NSWCA 178
COMMERCE – restraint of trade – validity and reasonableness – legitimate interests – where restraint imposed a blanket protection from importation of goods from a subcontinent – whether blanket protection directed to preserve or maintain a personal or corporate relationship with a supplier – where restraint did not relate to any particular supplier – Restraints of Trade Act 1976 (NSW), section 4.
COMMERCE – restraint of trade – validity and reasonableness – public policy – where restraint imposed a blanket protection from importation of goods from a subcontinent – whether restraint was against the public interest – where restraint prohibited respondents from competing in the market for the supply and sale of goods from a subcontinent – Restraints of Trade Act 1976 (NSW), section 4.

Honyandari v Transport for New South Wales [2021] NSWCATOD 117
LICENSING – passenger transport licensing – bus driver authority – traffic record – repute – fit and proper person. He had gained a heavy vehicle driver licence on 6 July 2015 and had been driving the maximum hours allowed under the law.

Addison v BHP Billiton Iron Ore Pty Ltd (No 3) [2021] NSWSC 1031
(1) Judgment for the plaintiff for the sum of $581,235.
EVIDENCE – opinion evidence – use of psychological testing by expert witness.
NEGLIGENCE – damages – economic loss – application of Civil Liability Act 2002 (WA) – defences – contributory negligence. Civil Liability Act 2002 (NSW); Civil Liability Act 2002 (WA).
The plaintiff sustained injuries in a single vehicle motor accident on 27 January 2016 at Yandi Central Mine. The defendant was the occupier of the area where the accident occurred. At the time of the accident, the plaintiff was employed by Linfox Australia Pty Limited and was driving a truck pulling a road train containing diesel.

MV Amalfi Pty Ltd and Haiden Walsh v MH Enterprises Pty Ltd and Mezin Hadad [2021] NSWDC 399
PROCEDURE – set aside default judgment – bona fide defence – explanation for delay plaintiffs sought various sums of money from the defendants on the basis of offers to purchase and sales agreements for the purchase of a marine vessel known as ‘Oneworld’ being a Sunseeker 82 for $1,600,000. Agreements were brokered by Ray White Marine as agents for the defendants.

Ceramic Oxide Fabricators Pty Limited and Comptroller-General of Customs [2021] AATA 2770
CUSTOMS – application for tariff concession order – whether the applicant discharged its responsibility under section 269FA – whether the tariff application contains a full description of the subject goods – whether the tariff application has described the subject goods in terms of their intended end use – decision under review affirmed
Customs Act 1901 (Cth) sections 269B, 269C, 269D, 269E, 269F, 269FA, 269H, 269HA, 269J, 269P, 269SJ.

Legislation

Commonwealth

Offshore Petroleum and Greenhouse Gas Storage Amendment (Titles Administration and Other Measures) Bill 2021
Senate second reading debate – 12 August 2021 – introduced with the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Bill 2021, the bill amends the: Offshore Petroleum and Greenhouse Gas Storage Act 2006 to: Provide for oversight and scrutiny of transactions involving a change of control of a petroleum or greenhouse gas titleholder, through a merger or takeover; expand existing powers to 'call back' previous titleholders to decommission infrastructure and remediate the marine environment in the title area where the current or immediate former titleholder is unable to do so (known as 'trailing liability'); provide for specific decision-making criteria and expanded information-gathering powers; and make minor and technical amendments in relation to the operation of the Act, including enabling electronic lodgement of applications. Also repeals 23 obsolete Acts.

Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Bill 2021
Senate second reading debate – 12 August 2021 – introduced with the Offshore Petroleum and Greenhouse Gas Storage Amendment (Titles Administration and Other Measures) Bill 2021, the bill amends the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 to: Ensure that if a person who is subject to a remedial direction submits an environment plan or a well operations management plan, that person is required to pay environment plan levy or well activity levy respectively; and provide for payment of safety case levies for safety cases that deal with activities carried out to comply with a remedial direction.

Export Finance and Insurance Corporation Amendment (Equity Investments and Other Measures) Bill 2021 [provisions]
On 5 August 2021, the Senate referred the provisions of the Export Finance and Insurance Corporation Amendment (Equity Investments and Other Measures) Bill 2021 to the Senate Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 20 August 2021. Submissions closed 12 August 2021. View the report.

Regulations

Gazetted 12 August 2021

National Class 1 Special Purpose Vehicle (up to 40t total mass) Mass and Dimension Exemption Notice 2021 (No.1)
This notice is made under the following provision of the Heavy Vehicle National Law: A) section 117 – regulator’s power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirements. This notice commenced on 16 August 2021.

National Heavy Vehicle Standards (Special Purpose Vehicles) Exemption Notice 2021 (No.1)
This notice exempts certain categories of special purpose vehicles from the requirement to comply with specified requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National VS Regulation). This notice commenced on 16 August 2021.

Gazetted 11 August 2021

Variation of a Petroleum Safety Zone – Notice A795110 – INPEX Operations Australia Pty Ltd
Prohibit all vessels other than vessels under the control of the registered operator of CPF Ichthys Explorer and vessels operated by authorised persons who are exercising powers under section 615(1) of Division 1 of Part 6.6 of the above Act from entering or being present in the area of the safety zone without the consent in writing of NOPSEMA.

Notice of Substituted Rates of Customs Duty for Excise-Equivalent Goods Notice (No. 2) 2021
The Customs Tariff Act, give notice that, on and from 2 August 2021: The increased rate of customs duty for excise-equivalent goods classified.

NSW

Regulations and other miscellaneous instruments
Ports and Maritime Administration Regulation 2021 (2021–444) – published LW 13 August 2021.
Subordinate Legislation (Postponement of Repeal) Order 2021 (2021–450) – published LW 13 August 2021.

Queensland

Transport and Resources Committee: Report No. 9 – 2021 – Queensland
The committee has recommended that the Resources and Other Legislation Amendment Bill 2021 be passed. The committee has also made two additional recommendations aimed at addressing some of the issues raised by stakeholders during the course of the inquiry (August 2921).

Subordinate legislation as made – 20 August 2021
No 112 – Transport Operations (Road Use Management–Driver Licensing) Regulation 2021.
No 113 – Transport Operations (Road Use Management–Vehicle Registration) Regulation 2021.
No 114 – Transport Operations (Road Use Management–Vehicle Standards and Safety) Regulation 2021.

Victoria

Acts

Transport Legislation Miscellaneous Amendments Act 2021 (Vic)
Act number: 30/2021. Date of assent: 10 August 2021.

Energy Legislation Amendment (Energy Fairness) Act 2021 (Vic)
Act number: 28/2021. Date of assent: 10 August 2021.

Act commencements

Date of commencement: 11 August 2021.
Transport Legislation Miscellaneous Amendments Act 2021 (Vic)
Part 1 (sections 1 and 2), section 22A, Part 4 (sections 29 and 30), Sections 32, 38, 39, 62, 63, 67, 69, Part 6 (sections 70 and 71), Part 8 Division 4 (sections 90 to 93), Section 94, Part 8 Division 7 (section 98), Part 9 (section 104) of this Act came in by forced commencement on 11 August 2021 section 2(1) Act number: 30/2021.

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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