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DCN October Edition 2019

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INDUSTRY OPINION<br />

Removing road blocks<br />

from the blue highway<br />

MIAL has lodged a submission to the federal Department of Infrastructure outlining<br />

parts of the Coastal Trading Act it believes should be changed, writes Teresa Lloyd<br />

MIAL<br />

WITH THE MORRISON FEDERAL<br />

government now approaching the sixmonth<br />

mark, Maritime Industry Australia<br />

is eager to ensure that the Deputy Prime<br />

Minister has the best ideas and advice<br />

about what would make the biggest<br />

difference to the efficient functioning of<br />

Australia’s coastal trade. To aid in this<br />

process, MIAL prepared a document to<br />

ensure impediments to the use of coastal<br />

shipping are removed while retaining<br />

opportunities for Australian ships.<br />

THE MECHANICS<br />

MIAL believes the ‘five or more’ voyage<br />

requirement should be replaced with one<br />

voyage. If there is no General Licence in<br />

that sector (i.e. tankers), Temporary Licence<br />

voyage approvals should be automatic and<br />

instantaneous. If there is a GL in that<br />

sector (i.e. dry bulk or containers), GL<br />

holders can nominate which ports/trades/<br />

cargo types they are/are not interested in.<br />

Further to this, they can nominate whether<br />

they exclude themselves from original<br />

voyage applications and variations, or just<br />

original applications.<br />

If the GL circumstances change, they<br />

can withdraw the exclusion from a certain<br />

KEY POINTS<br />

FROM THE MIAL<br />

SUBMISSION<br />

• The intention of these changes is to<br />

eliminate as much ‘red tape’ within<br />

the Coastal Trading Act as possible<br />

without undermining the fabric of<br />

the legislation.<br />

• Where there are General Licence<br />

ships, the tolerances need to be<br />

meaningful and maintained.<br />

• Where there are no GL ships then<br />

the process ought to be made as<br />

simple as possible - a simple ‘tick<br />

and flick’.<br />

date. If the GL holder has nominated an<br />

exclusion (i.e. the Bass Strait operators<br />

possibly have no interest in any container<br />

movements between mainland ports), all<br />

other applications for that cargo type will be<br />

automatic/instantaneous. This eliminates<br />

the two-day wait for Notice in Response.<br />

GENERAL LICENCE EXCLUSION<br />

If a GL vessel withdraws their exclusion,<br />

this change in circumstances must be<br />

immediately communicated (i.e. be listed<br />

on Department website). At that time, the<br />

‘system’ returns to the current provisions<br />

of the Act – that being:<br />

• GL holder cannot contest any existing,<br />

approved TL voyages;<br />

GL holder can contest any new applications;<br />

• GL holder can contest any variations<br />

to approved voyage, after two weeks<br />

of advising the Department of the<br />

withdrawal of their exclusion (i.e. they<br />

have provided notice to the market that<br />

the market has changed. In order not<br />

to disadvantage any TL holder that was<br />

working on the basis that the variation<br />

would be automatically processed, a<br />

grace period of two weeks is provided).<br />

DIFFERENT PATHWAYS<br />

There will have to be two completely<br />

different pathways in the Act – one that<br />

stays the same if a GL does not exclude<br />

Teresa Lloyd, CEO, Maritime Industry Australia<br />

themselves, and the other where there is no<br />

GL or the GL has excluded themselves.<br />

An additional requirement would be to<br />

abolish the notification period of two days.<br />

If needed for other reasons, notification<br />

only should be required prior to loading.<br />

The end result could be that applications<br />

can be applied for, approved and notified<br />

hours before the vessel commences loading.<br />

MIAL looks forward to constructive<br />

discussions to ensure the government<br />

makes the most effective changes to the<br />

regime as soon as possible.<br />

IMPACT FROM MIAL’S SUGGESTED CHANGES<br />

• TL operators would be, the vast majority of the time, much better off as<br />

processes would be simplified and approvals instantaneous.<br />

•<br />

Temporary Licence operators would never be worse off than they are now.<br />

General Licence operators might face an increased burden to exclude themselves<br />

– however this should result in less ‘clutter’ coming through to them for<br />

consideration – they would only receive relevant TL applications.<br />

• Vastly reduced administration would be required by staff at the Department of<br />

Infrastructure.<br />

•<br />

Information technology system upgrades no doubt would be required by the<br />

Department of Infrastructure to automate the processing of TL applications and<br />

link to the proposed GL exclusion database.<br />

thedcn.com.au <strong>October</strong> <strong>2019</strong> 19

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