Juliette Sperber - Northern Stevedoring Services - Overcoming the Regulatory and Institutional...
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Transcript of Juliette Sperber - Northern Stevedoring Services - Overcoming the Regulatory and Institutional...
Regional Ports Conference
2015
Cairns
Regulatory & Institutional Challenges Faced
by Port Operators
Agenda
• Understanding the Port Authority and Port Corporation
functions by Port Operators
• Breaking down the Regulatory functions and challenges
they impose
• Ever-changing Political landscape
• Economic forces and responses by Ports
• Way forward
• How will your port deal with Chain of Responsibility
provisions
• Security arrangements in the wake of Customs Act
1901 amendments and Australian Border Force
Port Authorities and Port Corporations – henceforth
referred to as Port Organisations • Commonly held Port Operator definition of Port Organisation’s role
• Facilitate trade through a port, while ensuring the safety and
interests of the wider community in which the port operates is
protected.
• Port Organisations’ common definition of their role
• The above, plus to generate revenue through port related
activities as an extension of their business; influence or control
port development
Gap in understanding of a Port’s role at heart of much discontent
and Port Orgs would be well placed in undertaking an exercise in
educating port operators of their role.
Port Organisations
Government Owned Corporations
Port Operators are mostly concerned with the
encroachment of GOC’s into their businesses
Port Operators are advised to be well aware of
a Port GOC’s constitution, which are publicly
available
When does ‘influence and control’ become anti-competitive, anti-
entrepreneurial and uneconomical?
Regulatory
Separation of Powers doctrine
Legislature, Executive and Judiciary
Which of the three arms of government poses the
greatest challenge to port operators?
Regulatory
Key legislation responsible for matters relating to vessel security, transport, the
environment, safety.
• Australian Maritime Safety Authority Act 1990 (Cth)
• 6 x Protection of the Sea Acts 2008
• Maritime Transport and Offshore Facilities Security Act 2003 (Cth)
• Customs Act 1901 (Cth)
• Navigation Act 2012 (Cth)
• Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth)
• Great Barrier Reef Marine Park Act 1975 (Cth)
• Heavy Vehicle National Law (HVNL) adopted through each state (yet to be
passed in WA & NT)
• Workplace Health and Safety Acts
This list is not exhaustive!
amendments
ambiguous requirements
Scope Creep
subjective tests
conflicting & overlapping legislation
interpretation
The Burden of Compliance
Regulatory
• Department of Heritage Protection (DEHP)
• Department of Transport & Main roads
• Australian Border Force
• Australian Maritime Safety Authority
• City Councils
• Australian Quarantine & Inspection Service (AQIS)
• Workcover
• Port Authorities
• Fire Services
• The list goes on….
“By setting the environmental outcomes that must be
achieve, EHP will leave it up to the holder of the EA
to develop tailor-made solutions….”
DEHP Publication – Exhibit ‘A’
DEHP Publication – Exhibit ‘B’
We issue environmental
licences to advise
businesses what level of
environmental performance
they need to achieve – not
tie them up in green tape.
This means business can
focus on innovation as part
of their environmental
performance.
EHP licences will have fewer
conditions that tell a company
how they have to run their
business. Our conditions are
standardized and businesses
can expect to have their
application for a licence
processed more efficiently.
Customs Act & MTOFSA
• Legislation developed through consultation with Major Ports
• Well funded
• Well planned
• Wide ranging commodities and products minimising market
sector fluctuations
• newsworthy
• Regional Ports
• Grown organically over decades – legacy of ad hoc planning
impacting on efficiencies
• Sensitive to fluctuations in commodities markets
• Less funding
‘One size fits all’ approach to vessel and cargo security does
not work
Political
• To lease or not to lease? That is the question…..
• Council versus Port roads
• Removal of port and city buffer zones
• Land released for residential areas impact on trade corridors
• Leadership changes – ministerial changes – policy changes…
Economic
Increases to port berthing & cargo
charges and port land rent increases
are way off the mark and out of touch
with industry. There is absolutely no
justification for increases in port
charges and rent in today’s economic
environment.
Chain of Responsibility
Under the HVNL, sits 5 COR provisions:
• Chapter 3 Vehicle operations – standards and safety
• Chapter 4 Vehicle operations – mass, dimension and
loading
• Chapter 5 Vehicle operations – speeding
• Chapter 6 Vehicle operations – driver fatigue
• Chapter 8 Accreditation
Chain of responsibility (COR) recognises the on-road
effects of actions, inactions and demands of off-road
parties in the transport and supply chain, and provides
for their accountability.
Way Forward
Greater collaboration between Port Organisations and
Port Operators
• Funding of facilities
• Lobbying of government
• Cutting red tape
• Better understanding of each others functions and
goals
Bipartisan political support of retaining transport
corridors