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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-07-25 Daily Xml
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HEAVY VEHICLE NATIONAL LAW (SOUTH AUSTRALIA) BILL

Second Reading

Adjourned debate on second reading.

(Continued from 3 July 2013.)

The Hon. D.W. RIDGWAY (Leader of the Opposition) (12:36): I rise on behalf of the opposition to speak to the Heavy Vehicle National Law (South Australia) Bill 2013. We actually have two bills—the Heavy Vehicle National Law (South Australia) Bill and the Statutes Amendment (Heavy Vehicle National Law) Bill 2013—and it is my intention to make a few brief comments about both bills. I have a couple of questions I might allude to in my comments so that when we do the committee stage of the bill I might be able to get an answer. I make it clear that I will speak on both bills.

The Heavy Vehicle National Law (South Australia) Bill contains all relevant national laws and the Statutes Amendment (Heavy Vehicle National Law) Bill makes the necessary changes to the current law in South Australia that will enable the implementation of the new national law in South Australia. As I have said before, we are supportive of both bills and want to facilitate their relatively fast passage through the chamber today.

Noting that the Heavy Vehicle National Law (South Australia) Bill developed out of a COAG agreement, the Liberal Party has always been supportive of a national system for heavy vehicle regulation. There will be one national law covering a range of issues related to the transport industry, including but not limited to registration; fatigue management; accreditation schemes; mass, dimension and loading limits; compliance requirements and enforcement powers for all heavy vehicles over 4.5 tonnes.

Currently, the heavy vehicle operators and drivers must comply with a number of different regulations in each state. For example, an interstate operator using a restricted access vehicle through several states needs to obtain approvals from each individual state regulatory authority. This is a huge burden for the South Australian transport industry doing business in this state and interstate. As members would know, I lived most of my life on the South Australian-Victorian border and have been familiar not only with the transport industry but a whole range of industries where there have been different regulations on either side of the border, and it has always posed a burden on operators on both sides of the border trying to do business in both states.

Under the bill, one national regulator will act as a one-stop shop and will issue a single permit with a simplified set of operating conditions for all Australian states. It is important to note that the national regulator will administer the system and will be the national regulator that will oversee the national law. As I said, the legislation should be passed swiftly to ensure that there are better efficiencies in our road transport industry.

I will frame this by way of a question for the adviser sitting there. A couple of years ago we had the intelligent access program, I think it was called, for mass management that was imposed on the industry, and I think there was a cost of $2,000 or $3,000 per vehicle to be equipped with that. I am interested to know if the minister, via the advisers, might be able to give me an update on where that program is at. The industry at the time was somewhat concerned that there was this compliance cost but no actual increased access—it was just for the existing roads that had been gazetted for higher mass. That is the first question I would be keen to have answered in committee, if possible.

I have had a number of phone calls, especially post the harvest season, around access to silos and grain delivery sites, particularly where you have a state road and then a small short piece of council-owned road and where the council does not give access or will not grant a permit. One in particular that springs to mind is in Frances in the South-East. I note that in some notes provided by the shadow minister in the other place it states:

Internal and external review provisions: currently if a local council refuses access to a road, the DPTI attempt to negotiate an outcome, but will not act to override the decision of the council. The new process will allow a review by the department and then the minister, but requires approval of the regulator to proceed.

It goes on to say:

There is still no appeal to the District Court.

The comment here really is that just formalises the current arrangements but makes it more cumbersome. I would like some explanation of how that will work if you have a local council road where the council does not grant access. It may be only a very short piece of road. As members would understand, with these bigger heavy mass vehicles—road trains, B-doubles and the like—the reason they are designed the way they are is to actually get the axle weights down to a manageable weight. I am interested in why some councils are being recalcitrant or reluctant to grant approvals to use some of their roads. Having said that, I commend the bill to the parliament.

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (12:47): I thank the Hon. Mr Ridgway for his comments and his indication of support, and I undertake to ask the advisers for answers to the questions he has put on record at clause 1 in committee.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

The Hon. D.W. Ridgway interjecting:

The Hon. I.K. HUNTER: I thank the honourable member for indicating that I always have the answers for him.

The Hon. D.W. Ridgway: Not always; you misrepresent me.

The Hon. I.K. HUNTER: He is quite correct: question 1, the mass management question, I will take on notice. I will inquire for him and bring back a response on that. The second question related to access to silos and grain delivery sites where there is an intersection or interaction of state roads and council roads, where councils do not give approval for access. I am advised that, under the national law, the decision of the regulator not to grant a class 1, 2 or 3 permit is a reviewable decision.

This means that the applicant may, if dissatisfied, apply to the regulator for a review of a decision. The regulator must review the decision not to grant the permit within 28 days. The applicant is entitled to reasonable opportunity to make written or oral representations regarding the application. If the applicant is not satisfied with the review decision of the regulator, they may appeal to the Administrative and Disciplinary Division of the District Court of South Australia against the review decision within 28 days.

Where the refusal to grant access or to grant access subject to road or travel conditions in relation to a class 1, 2 or 3 vehicle was as a result of the road manager's decision, the road manager is required to give a written statement that explains the reasons for the decision. On that basis, it seems that the decisions can be taken to the District Court of South Australia.

The Hon. D.W. RIDGWAY: Are there any special provisions around harvest time? There is a whole range of small country roads, and these days vehicles are bigger and bigger and heavier and heavier than they have ever been before. I have some recollection of there being some sort of harvest provisions where the roads are not used every day, seven days a week, 12 months of the year for these high masses to get product out of the farmers' paddocks. Could the minister give some clarification on that?

The Hon. I.K. HUNTER: My advice is that, under the new law, road managers will have the ability to assess heavy vehicles purely for specific commodities, and they have the ability to vary conditions for specific points of time to manage safety and access.

The Hon. D.W. RIDGWAY: I do not want to prolong things, but how quickly would that be? Obviously, in harvest conditions time is often of the essence to get the product out of the paddock and into storage. Road managers have the ability to review road conditions, but how quickly can all that happen?

The Hon. I.K. HUNTER: My advice is that generally there would be consultation with grain cutters and various associations and organisations involved in harvesting to plan ahead well before the harvest is due, as you would expect. However, there is an ability to issue special permits by the national heavy vehicles organisation, and our expectation is that the turnaround time would be very quick, a matter of days.

The Hon. D.W. RIDGWAY: If it has not been preplanned, a matter of days in the middle of harvest, with a rain event coming, can be a significant concern. Can the minister clarify how long 'a matter of days' is? I am sure there will be a lot of preplanning done, but for the odd instance when something is overlooked time is of the essence, and I would appreciate a better answer than 'a matter of days'.

The Hon. I.K. HUNTER: I cannot give the honourable member any more clarity than that. Obviously, we will have consideration to the circumstances at the time. My advice was that the intent would be to do it quickly, but at this point in time I cannot promise how quickly that might be. My advice was that rather than weeks it would be within days, so I expect that every endeavour would be made to turn it around as quickly as possible.

Clause passed.

Remaining clauses (2 to 755), schedules and title passed.

Bill reported without amendment.

Third Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (12:50): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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