In the media

IMO welcomes WHO vaccine roadmap seafarer prioritization
IMO Secretary-General Kitack Lim has welcomed the World Health Organization's decision to name seafarers as one of the groups of transportation workers that should be prioritised for COVID-19 vaccination in instances of limited supplies (23 July 2021). More...

EU overreach threatens to sink shipping's decarbonisation efforts, warns ICS
The ICS has released a statement following the European Commission's proposed extension of the EU's Emissions Trading System (ETS) to cover the international shipping sector. Guy Platten, secretary general of ICS, commented it is clear from how such schemes work in other sectors that there will be unintended consequences from the imposition of such a proposal (16 July 2021). More...

On the path to decarbonize shipping. Reducing CO2 emissions and achieving a sustainable maritime industry
The pathway is already there and industry players are taking the necessary steps to reach the goal for the reduction of GHG emissions from shipping by at least 50 percent by 2050. Shipyards, engine manufacturers and energy companies are upgrading their operations and technologies to achieve commercially viable zero emission maritime transportation (16 July 2021). More...

Federal Government invests $100m in green research projects
The government has backed two cooperative research projects, to look at solutions for a clean energy transition in heavy industry and developments in the growing marine bi-products sector (14 July 2021). More...

Building resilient telecommunications infrastructure
Australia's national science agency, CSIRO, and Optus have released findings of a joint nationwide project to improve bushfire resilience of critical telecommunications. The research analysed where there is risk of damage to the network and where upgrades could reduce vulnerability to future bushfire events (21 July 2021). More...

Ports Australia Trade Portal upgraded
Ports Australia has given its Trade Statistics Portal an overhaul, enhancing the resource with regularly updated trend data and monthly data dating back to January 2018. The Portal now gives users the opportunity to select ranges and compare the value of cargo, vessel calls and commodities over any period of time (09 July 2021). More...

ALC calls for more COVID testing sites for essential freight workers
The Australian Logistics Council (ALC) has urged the NSW Government to set up on-site COVID testing facilities at key freight terminals and on more arterial routes around the State. ALC members have implemented highly effective and successful COVIDSafe plans and are committed to the safety and wellbeing of their workers.(14 July 2021). More...

Vital funding for New England airports
Tamworth, Armidale, Inverell and Quirindi airports will benefit from upgrades funded under Round 2 of the Federal Liberal and Nationals Government's Regional Airports Program (22 July 2021). More...

Newcastle Port to play critical role in Australia's fuel security
The Federal Government has announced a $260 million diesel storage investment to boost Australia's fuel reserves and support fuel security – with the Port of Newcastle playing a key role in fuel storage. The investment is part of the Boosting Australia's Diesel Storage program and the Government's comprehensive fuel security package (20 July 2021). More...

Viterra's Port Lincoln and Thevenard grain ports not exempt from Bulk Wheat Code
The ACCC has determined not to exempt the services provided by South Australian grain handler Viterra at its Port Lincoln and Thevenard facilities from parts of the Port Terminal Access (Bulk Wheat) Code. Viterra will continue to be subject to the non-discrimination requirements of the Code at its Port Lincoln and Thevenard facilities (20 July 2021). More...

Stimulus works support a key Gippsland freight service
The Andrews Labor Government is ensuring Latrobe Valley paper will continue to be sent by rail for export and distribution for years to come, following significant improvement works to the Maryvale freight siding (13 July 2021). More...

Updated 'Guide to Road Safety' places safe System at its core
Austroads has published an updated Guide to Road Safety, which has been restructured to reflect the Safe System, which has been adopted by Australia and New Zealand as part of their road safety strategy.
It recognises that people will make mistakes but aims to create a system where mistakes and crashes do not result in death or serious injury (20 July 2021). More...

Heavy vehicle registrations are accelerating: Report
ARTSA Institute (ARTSA-i) has released its June Quarter (Q2) 2021 heavy vehicle market report which reveals positive signs of growth, with double digit growth in new heavy vehicle registrations and it appears to be accelerating. The one exception is heavy rigids who grew by a 'modest' 6.0 per cent in the last 12 months (14 July 2021). More...

Victoria to probe Central Murray freight productivity
The Victorian government is pledging cash for a study on boosting freight efficiency in the Central Murray region. Freight Victoria will provide specialist advice as part of this project, with NHVR data to inform the study "alongside local freight industry knowledge" (15 July 2021). More...

NSW company in huge fine over mechanic death
SafeWork inspectors state the deceased only had light vehicle qualifications. A NSW fleet-owning construction services firm has been convicted and fined $375,000 over the death of a mechanic killed while repairing a truck (20 July 2021). More...

Road fatalities spur Toowoomba council safety plea
Safety around trucks was one of the focuses of a vigilance call from Toowoomba Region mayor Paul Antonio after a string of recent road fatalities. The Heavy vehicle interaction aspect emphasised in letter to community (21 July 2021). More...

Published – articles, papers, reports

Guide to Road Safety Part 5: Safe Vehicles
AUSTROADS AGRS05-21 Edition: 1.0; 16 July 2021
Guide to Road Safety Part 5: Safe Vehicles considers the vehicle factors and features that impact safety outcomes on the road network.

NTC: Publications
20 July 2021 - Pre-order copies of Australia and New Zealand Emergency Response Guide 2021

NHVR: Newsletter
 Latest edition - On the Road Issue 118 - 15 July 2021
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

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.

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.

AMSA: Marine notice 4-2021: Focused Inspection Campaign - Safety of navigation
 This 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 (RAVs) arriving at an Australian port. The FIC will be conducted from 1 August 2021 to 30 September 2021. 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 from 1 March 2021 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...

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

AIS: New training package development projects
The 15 Cases for Change submitted by the IRCs we support were approved by the AISC at its meeting on 22 June. The following projects have commenced, and will address priority skills needs and ensure qualifications, Skill Sets and Units of Competency reflect current technologies, industry practices, and regulations for the respective industry (July 2021). More...

DAWE: Import Industry Advice Notices 2021 – 13 July 2021
 150-2021 - AEPCOMM approved commodities update due to changes in ABF tariff classifications
151-2021 - Sea container measures to protect against khapra beetle
152-2021 - Documentary requirements for fumigation certificates for imported goods

DAWE: Import Industry Advice Notices – 16-21 July
153-2021 - Khapra beetle measures: webpage updates and new requirements for high-risk plant products
154-2021 - Changes to aircraft disinsection for aircraft arriving in Australia and New Zealand
156-2021 - COVID-19: Impact on department activity in NSW
157-2021 - Notify of COVID-19 cases
158-2021 - Changes to movement and discrepancy reporting of uncooked imported pig meat
159-2021 - COVID-19: Consolidation of information on department activity in affected states

Australian Customs Notices – 12 July 2021
 2021-28 - Expansion of Duty Deferral Benefit for Australian Trusted Traders

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.

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. More...

NTC: Heavy vehicle charge consultation
The National Transport Commission (NTC) 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 while submissions can be made here. Comments due 24 August 2021. More...

Strategic Local Government Asset Assessment Project (SLGAAP)
The NHVR and road managers are currently working through the delivery and assessment of phase two of SLGAAP and are calling on local governments to submit any assets that may be eligible for assessment. For more information and project updates, please click here (08 July 2021).

NHVR: Fatigue management tips July 2021
14-07-2021 - I'm doing local area work so don't have to use a National Driver Work Diary—what other records do I need to keep. More...

Cases

DBCT Management Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd and Geosea Australia Pty Ltd Joint Venture (No 2) [2021] FCA 810
COSTS – reasonable costs of compliance with subpoena under r 24.22 of Federal Court Rules – where claim for legal professional privilege upheld – indemnity costs – no departure from ordinary rule – costs awarded on party and party basis
The objection of BM Alliance Coal Operations Pty Ltd (BMA) to any party to the proceedings uplifting or inspecting the document entitled "HPX3 ICAM Investigation Report" dated 4 July 2014 and the five attachments to the document (Report) produced in answer to the subpoena served by the first and second applicants on Ashurst Australia (Ashurst) on 6 November 2020 and the subpoena served by the first and second applicants on BMA on 3 August 2020 is upheld.

Mater Misericordiae Ltd v Cox & Anor [2021] QDC 142
The appeal is dismissed.
TORTS – NEGLIGENCE – BREACH OF DUTY – where the appellant claimed from the respondents damages for negligent operation of a truck – whether the learned Magistrate erred in concluding that the respondents had not breached their duty of care – whether the risk of damage was foreseeable and not insignificant – whether the first respondent took precautions against that risk of harm which a professional truck driver would have taken
APPEAL – GENERAL PRINCIPLES – FUNCTIONS OF APPELLATE COURT – where factual error is alleged – whether the learned Magistrate erred in analysing the concept of foreseeability by confusing the duty of care the appellant owed to road users with the duty of care the respondents owed to the appellant – whether the learned Magistrate erred in concluding that "the first defendant had no reason to be apprehensive about driving under the footbridge"

SafeWork NSW v South Coast Under Road Borers Pty Ltd [2021] NSWDC 314
1 South Coast Under Road Borers Pty Ltd is convicted. 2 I impose a fine of $375,000.
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – death of worker
SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – capacity to pay a fine - appropriate penalty
SENTENCING PRINCIPLES - no record of previous convictions - good prospects of rehabilitation - remorse - plea of guilty - assistance to law enforcement authorities
This is a case where the offender had no system in place for the servicing of its heavy vehicles on the premises. It did have substantial systems in place for the directional drilling work that was mainly conducted elsewhere. Mr Marchello was not qualified to work on heavy vehicles

Legislation

Commonwealth

Regulations

Export Control (Animals) Amendment (Exports to Kingdom of Saudi Arabia) Rules 2021
16/07/2021 - This instrument simplifies the process for livestock exports to the Kingdom of Saudi Arabia and specifies new vaccination requirements for sheep and goats against scabby mouth (contagious pustular dermatitis) and related record-keeping practices.

Gazetted 16 July 2021

National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2021 (No.1)
The purpose of this Notice is to exempt record keepers for drivers of fatigue-regulated heavy vehicles carrying out activities on the works of an Electricity Entity from the requirement to comply with stated provisions of Division 3 of Part 6.4 of Chapter 6 of the Heavy Vehicle National Law and to specify the conditions of operating under this Notice.

National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption Notice 2021 (No.1)
The purpose of this Notice is to exempt drivers of fatigue-regulated heavy vehicles carrying out activities on the works of an Electricity Entity from the requirement to carry and complete a National Driver Work Diary.

National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2021 (No.1)
The purpose of this Notice is to exempt drivers of fatigue-regulated heavy vehicles carrying out activities on the works of an Electricity Entity in unplanned urgent circumstances from the requirement of the Heavy Vehicle National Law Part 6.3 Division 2 Standard Work and Rest Arrangements.

Gazetted 15 July 2021

Heavy Vehicle Stated Maps – Amendment Notice 2021 (No.2)
The purpose of this Notice is to amend stated maps for vehicles at the request of road managers.
The amendments take effect 28 days after publication of Amendment Notice 2021 (No.2)

NSW

Regulations and other miscellaneous instruments
Road Transport (Driver Licensing) Amendment (Licence Requirements) Regulation 2021 (2021-407) — published LW 23 July 2021

Queensland

Subordinate legislation as made – 16 July 2021
No 102 Transport Legislation (Distracted Driver and Other Matters) Amendment Regulation 2021
This Regulation is made under the Forestry Act 1959, Nature Conservation Act 1992, Recreation Areas Management Act 2006, State Penalties Enforcement Act 1999, Transport Operations (Road Use Management) Act 1995. The main policy objectives of the Regulation are to address unsafe driving behaviours by providing that it is an offence for the driver of a vehicle to hold a mobile phone in the driver's hand or rest a mobile phone on any part of the driver's body while the vehicle is moving, or is stationary but not parked.

Subordinate legislation as made – Reminder
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

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.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.