Australia:
Livestock supply chain back in the HVNL spotlight
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According to Meat and Livestock Australia’s 2019 State of
the Industry Report, between 2017 and 2018, the red meat and
livestock industry in Australia accounted for the direct or
indirect employment of about 404,800 people. Moreover, exports of
red meat and livestock were valued at $13.7 billion.
Needless to say, this significant industry relies heavily on
on-road transport to keep its wheels-a-turnin’ and with that
the National Heavy Vehicle Regulator (NHVR) has determined in March
to keep its eye on industry practices around compliance with the
Heavy Vehicle National Law (HVNL) by calling for
submissions to its issues paper, improving awareness and practices
in the livestock supply chain.
It is certainly not the first time the red meat and livestock
industry has been called into the regulatory spotlight. In July
2018, the NVHR issued an Effluent Load Restraint Consultation
Report to manage effluent in on-road transport. In late 2019 the
NVHR announced that it was going to review heavy vehicle safety
around NSW saleyard.
The current issues paper takes on a new flavour, focusing on
industry understandings of HVNL obligations, in particular mass
obligations. The NVHR identifies that the review has arisen as a
result of a series of livestock mass breach incidents, apparently
related to the transportation of sheep and cattle. It also appears
it has arisen off the back of concerns around:
- the lack of industry awareness of HVNL obligations and the
mistaken belief that transport operators bear the burden of
ensuring compliance - drivers feeling pressured to transport full loads of livestock
contrary to mass obligations - the lack of adequate equipment and practices across industry to
ensure compliance with mass obligations - industry’s reliance on inconsistent or inaccurate
information about livestock being loaded onto heavy vehicles - industry’ reliance on experience to determine how livestock
should be loaded rather than preparing loading plans or adequately
training loaders and drivers as to their loading and mass
compliance obligations - industry’s significant reliance on road transport in supply
chains notwithstanding insufficient safety measures around
stakeholder’s transport activities. For example the NVHR
identifies that “The average journey of livestock form farm
gate to processor is estimated to be over 500km” and can
involve numerous stops.
Key players in the supply chain that play a role in influencing
CoR compliance practices include:
- primary producers – they tend to be consignors, loaders
and/or loading managers in the CoR of the livestock supply
chain - saleyard and livestock agents – they tend to play a role
as loader and/or loading manager - feedlots and abattoirs – they may constitute unloaders,
loaders and/or loading managers - livestock transport operators – they may take on various
CoR roles including as operators, contractors, employers of
drivers, loaders and/or unloaders - exporter – they may be loaders, unloaders, loading
managers and sometimes consignors identified on transport
documentation.
The NVHR says that the focus of its review will be to identify
“each party’s understanding of their roles and
responsibilities in the transport supply chain” and to
“Review the decision-making process and influencing factors
for loading, transporting and reviewing livestock”.
Questions posed by page 11 of the NVHR’s issues paper
include:
- “what are the key issues that have not been identified in
this issues paper in relation to livestock supply chain
practices?” - “what approach would you recommend to improve stakeholder
awareness of regulatory responsibilities under the HVNL in the
livestock supply chain?” - “what do you believe to be reasonably practical measures
and processes to meet your regulatory responsibilities under the
HVNL?” - “what other tools/education/equipment/technology would be
practiced and help parties to meet their regulatory
responsibilities under the HVNL?” - “what loading practices would you recommend to improve
your understanding of your mass management risk?” - “how is your HVNL responsibility impacted by other
participants in the livestock supply chain?” - “what additional steps could the NHVR take to encourage
participants of the livestock supply chain to meet their regulatory
responsibilities under the HVNL?” - “what risk mitigation strategy to better manage mass can
be offered that has not been identified in this issues
paper?”
The NVHR anticipates that through submissions on its issues
paper it will be able to evaluate current industry practices and
risk mitigation strategies to better manage CoR party
responsibilities under the HVNL. Strategies may include online
inductions and signage informing attendants at saleyards of their
various HVNL obligations. It may also involve a roll out of
training programs by the NVHR much like those we saw in the broader
agriculture industry.
Those interested to see industry input and strategies around
effluent management will have to hold tight, as the review will
exclude consideration of effluent management, loading schemes,
legislative reform and fatigue.
What next?
Interested stakeholders should submit their submissions on the
issues paper to the NHVR by 5 pm AEDT, 24 April 2020.
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.
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