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Inside track: Transport, Shipping & Logistics

07 October 2020

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media

Ports Australia launches its Port Strategy Sustainability Guide, laying down a marker for all ports
With the launch of their Port Strategy Sustainability Guide, IAPH’s WPSP Partner Ports Australia provides is members with a systematic and robust approach to sustainability as they prepare their strategies or evolve the work they have already done (03 October 2020).  More...

Shipping Australia welcomes news of in-principle DPWA/MUA agreement
Cessation of industrial action at DP World Australia terminals around the country is welcomed by Shipping Australia. The terminal operator informed industry that an in-principle enterprise agreement had been reached for the next three years at the DPWA Terminal in Port Botany, Sydney (02 October 2020).  More...

Global action: A flurry of new international clauses and contracts
A major meeting at BIMCO has produced numerous updates that will affect international shipping. BIMCO is a global shipowner trade association known for its work on producing global contract clauses and documents for shipping (01 October 2020).  More...

Harmonisation dominates early regulatory reform report responses
Unnecessary state-based complications seen hindering freight efficiency. The Australian Logistics Council, endorses the call for harmonisation of state and territory differences to deliver consistent national heavy vehicle and rail safety rules. (02 October 2020).  More...

ATA call on design rules factoring in older trailers
The Australian Trucking Association (ATA) recommends the federal government change its draft design rules on advanced emergency braking to add requirements about how these systems handle older trailers (02 October 2020).  More...

Government welcomes Productivity Commission report on national transport reform
The Productivity Commission has released its final report on National Transport Regulatory Reform, commissioned by the Australian Government in 2019 to assess the economic impact of reforms agreed by the Council of Australian Governments in 2008-09 (01 October 2020).  More...

Productivity Commission releases transport reform report
Much still to do, including fewer state derogations and more data collection and research. Harmonisation "is a means not an end" and should only be pursued with due regard to benefits and costs. However, any derogations from national law should either be justified by evidence or removed (01 October 2020).  More...

MUA: Use local seafarers for crew change
The Maritime Union of Australia has a novel proposal for solving a crew change dilemma: Replace the foreign crew with local Australian seafarers. The MUA's proposal is a response to the situation aboard the bulker Patricia Oldendorff, which is currently anchored at Port Hedland. 17 out of her 21 crewmembers have tested positive for COVID-19 (30 September 2020).  More...

Port industrial action has national ramifications
The industrial action at four Australian ports is causing further disruption to Australia's international supply chains – already on the brink of collapse due to local and global COVID related shut downs, Innes Willox, Chief Executive of the national employer association Ai Group, said (29 September 2020).  More...

Awareness of the Port and Shipping Line actions is now in the public arena (NNF 2020/192)
The Morrison government will intervene to support major stevedore Patrick’s urgent application to the Fair Work Commission to stop industrial action by the Maritime Union of Australia, warning the union’s behaviour during the COVID-19 recession was “simply unforgivable” (29 September 2020).  More...

Over $290 million in federal funding flows for bridges and heavy vehicle safety
More than 350 projects will share in more than $290 million in Australian Government funding under Round 5 of the Bridges Renewal Program and Round 7 of the Heavy Vehicle Safety and Productivity Program (29 September 2020).  More...

NHVR: COVID-safe toolbox talk kit released
A COVID-19 toolbox talk kit focused on vehicle, workplace and hand hygiene, wearing a facemask and mental health is part of the NHVR’s latest release of practical industry safety material. “The release of the toolbox talk kit also aligns with National Safe Work Month, which is a great reminder for operators to continue having frequent and effective safety conversations (30 September 2020).  More...

Feds announce $290 million for bridges and heavy vehicle safety
More than 350 projects will share in more than $290 million in Australian Government funding under Round 5 of the Bridges Renewal Program and Round 7 of the Heavy Vehicle Safety and Productivity Program (30 September 2020).  More...

EPA NSW puts spotlight on dangerous goods truck compliance
Port Botany operation delivers encouraging results - and a stern reminder. After taking scorning offending waste transporters, the New South Wales Environment Protection Authority (EPA) has targeted another trucking sector – dangerous goods (29 September 2020).  More...

Truck safety and bridge projects gain $290 million boost
Canberra is pledging $290 million towards 350 projects under Round 5 of the Bridges Renewal Program and Round 7 of the Heavy Vehicle Safety and Productivity Program (29 September 2020).  More...

Inland Rail releases new procurement strategy
The Australian Rail Track Corporation (ARTC) has launched a new procurement and packaging plan to the industry for the Inland Rail project. ARTC has adopted a model that allows activation of the procurement process earlier and shorter procurement periods in a more collaborative industry environment (28 September 2020).  More...

Coastal trading reform is back on the policy agenda
Federal officials have released a discussion paper on reform of the way that cargo vessels are regulated under the Commonwealth's Coastal Trading (Revitalising Australian Shipping) Act 2012. Feedback until close of business on Friday 09 October 2020 (24 September 2020).  More...

Opinion: ANL calls for consideration of larger vessels in Australia & New Zealand
For many in the industry, this development is not only a reality, but a necessity if shipping is to continue to grow and remain competitive as an important service and major contributor to the global economy. Australia however remains behind many other parts of the world due to a range of challenges that prevent the very largest ships making their way to our port (23 September 2020).  More...

Questions over ROVER readiness to administer new certification scheme
Work continues on the implementation of the ROVER IT system which will replace the current certification application system, RVCS for vehicle and component certification (23 September 2020).  More...

Driver health initiative MaPS on our Roads launched
Mental and physical wellbeing the focus of heavy vehicle information program. The National Heavy Vehicle Regulator, Mental and Physical Safety on our Roads (MaPS on our Roads) program aims to support heavy vehicle operators maintain mental and physical wellbeing in their work (23 September 2020).  More...

Survey shows industry putting safety first
A recent NHVR survey of almost 4000 participants has shown that two-thirds of heavy vehicle businesses have a safety system in their operation. NHVR Chief Executive Officer Sal Petroccitto said the results of the 2020 NHVR Industry Safety Survey demonstrates the ongoing commitment from the majority of industry to keep pursuing improved safety outcomes (22 September 2020).  More...

Heavy vehicle industry welcomes Government commitment to future fuels
Heavy Vehicle Industry Australia has praised the Australian Government’s funding commitment for the Australian Renewable Energy Agency announced on Friday (21 September 2020).  More...

Published – articles, papers, reports

National transport regulatory reform
Productivity Commission: Publicly released on 1 October 2020.
The Government also asked the Commission to recommend further reforms towards a more integrated national market for transport services. Those reforms relate to heavy vehicle safety and productivity, rail safety and maritime safety.  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
September On The Road Issue 96 - 22 September

Practice and Regulation

NHVR COVID-safe toolbox talk kit
 “The NHVR’s material can be easily modified to include company information such as logos and additional topics that are specific to their business, such as how to report safety incidents and what to do if staff are sick or notice symptoms.” The videos, templates, quick guides and checklists are available at www.nhvr.gov.au/sms-toolbox-covid-19 (30 September 2020).

Free safety first videos for transport released
Workplace Health and Safety Queensland has made available a number of trucking-related videos as part of October’s Safe Work Month For transport videos, the Workplace Health and Safety Queensland site offers links to presentations including Safely Securing Loads of Trucks (see video above), Vehicle Loading Cranes Workshop, Safe Systems to Immobilise Heavy Vehicles and Trailers, Managing Your Drivers’ Safety at Delivery Points, and Preventing Workers Falling From Trucks.

CTU Code – a quick guide, is 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. Refer here. Submissions closed on 11 September 2020.

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 at www.nhvr.gov.au/hvpp. For more information on gazetted routes visit the NHVR Portal at www.service.nhvr.gov.au (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.  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...

NATROAD submissions

NTC consultation draft - vehicle standards - amendment package 2020
Comments due 27 September 2020
Proposed amendments to the Australian Light Vehicle Standards Rules and the Heavy Vehicle (Vehicle Standards) National Regulation were developed together and seek to better align these instruments with the Australian Design Rules, clarify requirements and terminology and introduce safety improvements.  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 at www.ntc.gov.au.

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...

Commonwealth Modern Slavery statement paper
This would report on modern slavery risks in the Government’s procurement and investment activities and explain the steps taken to identify and respond to those risks, and link with Australia’s Modern Slavery Act 2018.
The first Commonwealth Modern Slavery Statement will be published before 31 December 2020. The Commonwealth Modern Slavery Statement scoping paper is available on the Department of Home Affairs website.

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 (AMSA) 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...

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...

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 (MAA) 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 import industry advice notices
30 September 2020 169-2020 - Temporary changes to import certificate requirements for imported animals, biological and animal-based goods extended to 30 June 2021
30 September 2020 170-2020 Temporary changes to import certificate requirements for fresh produce, cut flowers, plants and other imported plant-based commodities extended to June 2021
25 September 2020 163-2020 Have Your Say on Maturing our Regulatory Practice

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...

Senate: Consultations
Importance of a viable, safe, sustainable and efficient road transport industry
Status: Submissions closed. Reporting Date: 14 October 2020

Legislation

Commonwealth

Regulations

Vehicle Standard (Australian Design Rule 61/03 – Vehicle Marking) 2020
30/09/2020 - This instrument prescribes requirements for vehicle and engine identification numbers, secure vehicle identification, information to be included on a vehicle plate for heavy omnibuses and trailers, registration plate mounts, and visibility from the rear of vehicles with a body of the tray type.

Road Vehicle Standards (Classes of Components that are not Road Vehicle Components) Determination 2020
22/09/2020 - This determination sets out classes of components that are not road vehicle components and, therefore, for which a road vehicle component type approval cannot be granted under the Road Vehicle Standards Rules 2019.

Acts

Primary Industries (Customs) Charges Amendment (Dairy Cattle Export Charge) Act 2020
21/09/2020 - Act No. 90 of 2020 as made

Gazetted

Heavy Vehicle National Law - National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No.7)
01/10/2020 – General Comments: This notice replaces the previously published notice, C2020G00710, registered on 01 September 2020. This Notice expires on 31 October 2020.

Heavy Vehicle National Law - New South Wales Heavy Vehicle Standards (Conditional Registration) Exemption Notice 2020 (No. 1)
29/09/2020 - The purpose of this notice is to exempt a heavy vehicle that is eligible for conditional registration in New South Wales from particular requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation). This notice expires on 30 September 2025.

Heavy Vehicle National Law - National Heavy Vehicle Standards (Flashing Warning Lights) Exemption Notice 2020 (No.1)
29/09/2020 – The purpose of this notice is to exempt a heavy vehicle to which it applies from specific requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation). This Notice expires on 30 September 2025.

Queensland

Subordinate legislation as made – 14 September 2020
No 193 Proclamation No. 1—Transport and Other Legislation (Road Safety, Technology and Other Matters) Amendment Act 2020 (commencing certain provisions)

Subordinate legislation as made – 25 September 2020
No 220 Transport and Other Legislation Amendment Regulation 2020
Part 2 Amendment of State Penalties Enforcement Regulation 2014
Part 3 Amendment of Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018
Part 4 Amendment of Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018
Part 5 Amendment of Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010
No 225 Environmental Protection (Transhipping Activities) Amendment Regulation 2020
Amendment of s 19 (Activities prescribed as environmentally relevant activities—Act, s 19) (3)An activity mentioned in schedule 2, section 50 includes an activity carried out in a relevant Great Barrier Reef Marine Park area. Environmental authorities for mineral and bulk material handling
Note 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.

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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