Re: AgForce Response to the NHVR Review of Livestock Mass, Dimension & Loading Arrangements

AgForce is a peak organisation representing Queensland’s cane, cattle, grain and sheep & wool producers. The cane, beef, broadacre cropping and sheep & wool industries in Queensland generated around $8.4 billion in on-farm value of production in 2020-21. AgForce’s purpose is to advance sustainable agribusiness and strives to ensure the long-term growth, viability, competitiveness, and profitability of these industries. Over 6,400 farmers, individuals and businesses provide support to AgForce through membership. Queensland producers provide high-quality food and fibre to Australian and overseas consumers and contribute significantly to the social fabric of regional, rural and remote communities as well as stewardship of the state’s natural environment.

We thank you for the opportunity to provide a formal submission to the National Heavy Vehicle Regulator (NHVR) Livestock Mass, Dimension & Loading Arrangements Discussion Paper. Our views are noted below and in addition, AgForce has contributed to the NFF submission and is supportive of their submission which should be read in conjunction with ours. Where any divergence of views exist, AgForce’s positioning is to be preferred from our perspective.

AgForce Background Position

Cattle transportation is important to Queensland producers, with 10.7 million head of cattle or 44% of the total national herd in the state. The Fitzroy Basin alone holds 2.53 million head, or 10.3% of Australia’s herd – larger than all other states except NSW and Victoria.

The state of Queensland has the largest producers and is the biggest exporter of cattle in the country.

With an extensive geographical area and multiple livestock commodities represented, transportation is a policy priority for AgForce, with movement of cattle and livestock predominantly occurring by heavy vehicle and represents the larger part of a producers' costs of production.

This NHVR review creates an opportunity to decrease the regulatory burden and reduce the costs of compliance for heavy vehicle operators, while facilitating efficiencies, reducing the transport sector’s carbon footprint and increasing productivity in a safe and cost-effective operating environment.

AgForce Policy Principles

Our policy principles consider the broader impact on Queensland livestock producers and the relationship between an animal's welfare and transport operator safety and the productivity benefits of an efficient road transport system.

We support the NHVR’s reforms where they consider and give effect to the following:

The animal's welfare is at the forefront of decision making and is balanced carefully with the wellbeing and safety of producers, transport operators and road managers.
Harmonisation works to improve transport efficiencies, reduce unnecessary regulatory burden, lower cost of transport and improve productivity for the Queensland livestock industry.
Delivers a national approach to transport reform that does not result in any disadvantage to the tried and proven Queensland livestock transportation system that has developed and improved for the last 38 years (since reform in 1983) and which specifically suits our unique distances and climatical environments.
Results in no Queensland producer, or associated transport operator or driver left worse off, or disadvantaged, because of the changes by the NHVR review.

Industry Priorities

Mass limits (section 8)

We acknowledge the NHVR’s assessment that initial industry feedback favours volumetric loading over numerical mass limits. National volumetric mass limits would address several key issues for the loading and transport of livestock.

AgForce strongly supports the Queensland Livestock Loading Scheme and volumetric mass limits system and their retention in Queensland, with a view to uniformly apply across borders, for the following reasons:

Since the introduction of Queensland Government legislation in 1983, allowing livestock to be loaded by volume rather than weight, this has proven to be beneficial for the welfare of cattle, reduced bruising and injury (as cattle support each other during transit) and ensures more stable loads that improves road safety for road users and road managers.
Volumetric loading is more practical for livestock transport, with no actual mass requirement it eliminates the difficulty of accurately determining load numerical mass when loading on-farm, and better enables operators to consistently comply with mass limits.
Significant investment by the sector to comply with the existing settings has resulted in improvements and efficiency. Such as our purpose-built, heavier vehicles, reinforced equipment and trailers designed to carry more weight, more fuel (up to 2,500 litres or 2 tonne more of fuel) to accommodate our remote long distances (can be thousands of kilometres at a time) and withstand Queensland's harsh road conditions.
We agree with the NHVR’s assessment that the impact on road infrastructure is likely to be minimal (even though mass limits may be greater), when recognising the fact that carrying more livestock safely will result in less trips to move a given number of cattle.
- As noted by LTRAQ, ‘Any reduction in the flexibility and efficiency offered by the scheme is likely to result in increased truck movements as smaller loads result in the need for more trips - placing increased pressure on an already stretched road network’.
The cross-border prescriptive mass limit inconsistencies, impact the productivity of interstate livestock transporters and reduce the competitiveness, productivity and profitability of operators, producers, and industries where mass limits are lower.

AgForce will support harmonisation of cross boarder access, where vehicles are mutually recognised. Vehicles legal in Queensland are recognised in other states (State of Origin) and vice versa; with volumetric loading as the preferred transportation method for cross-border reform.

However, we do not support alternative volumetric loading scenarios that consider floating mass limits, or low and high loading scenarios that are limiting to a minimum, but rather the extension of Queensland’s already proven volumetric loading system to apply across the borders.

Defining Livestock (Section 6)

AgForce supports the current definition of livestock as defined by the Commonwealth Government in its Federal Register of Legislation and as described by the Department of Agriculture, Fisheries & Forestry to mean cattle, calves, sheep, lambs, goats or other animals prescribed for the purposes of this definition and as currently extends to deer, buffalo and camelids.

We support the NHVR’s proposal to work with state and territories and industry members to establish a single national list of livestock definitions, with the aim to remove barriers to cross-border transport. Especially those which pertaining to goats and other non-specified livestock.

Road Networks (Section 10)

AgForce supports improved access in other jurisdictions as well the promotion of a ‘right to access’ along identified freight corridors in support of more efficient transport outcomes without the need for permits.

We seek a harmonisation of first and last-mile access and efficiencies in the permitting system, by reducing the need for permits and gazetting more roads under notice. This gives producers and drivers greater access to livestock markets, while increasing productivity and profitability.

AgForce favours the development of a centralised recording resource to give local governments greater transparency of road access decision making in a timely manner and favours a reduced need for permits, empowerment of road managers and ensuring producers can move product to market more efficiently and effectively, through reduced costs and compliance.

The Regulation of Conditions within an HVNL Notice (Section 7)

AgForce strongly supports a harmonisation of the HVNL notices or their discontinued use where reform changes improve cross-border access and reduce duplication for operators to comply with differences in notices, driver licencing or driver training and cross-board accreditation requirements. This is in favour of the Queensland livestock loading scheme and volumetric loading mass limits system as the central form of compliance and industry standard.

It is the position of AgForce that workplace health and safety laws, animal welfare laws and the HVNL general safety duty adequately ensure drivers are appropriately trained and skilled.

AgForce broadly supports the harmonisation of driver training and education as a professional trade, where this recognition is nationally recognised, improves cross-border access, is fit for purpose, raises the levels of safety and skill and ensures an animal's welfare. We are in favour of ensuring fair management of driver log-books verses animal welfare and that operators are not penalised for safely ensuring animal welfare as a priority.

Any expansion of a heavy vehicle nationalisation training programme must be fully considered in the context of the driver labour market shortages and the difficulties in keeping drivers in the industry due to the onus compliance complexity and driver industry pressures because of distances or cross- border infringements. In lieu of a nationalisation program, drivers in Queensland, should be adequately accredited to meet eligibility in other jurisdictions and vice versa.

Eligible Vehicles (Section 9)

Eligible livestock transport vehicle types vary between state and territories and impede cross border access. While volumetric loading does not apply a prescriptive mass limit, it does specify a maximum unladen mass.

AgForce broadly supports the development of a national notice for a uniform set of eligible vehicles for cross border access, providing this is developed under consultation with industry and AgForce as a peak State Farmer Organisation.

We propose that the law that applies in Queensland to current eligible vehicles under volumetric loading be on the basis for mutual recognition in respected to other states and territories and vice versa.

We do not support a notional notice for eligible vehicles where Queensland’s current eligible vehicles under volumetric loading are no longer recognised, or where changes to rules negatively impact existing eligible vehicles or where Queensland’s eligible vehicles lose access in other states or territories. If such non-supported changes were made, then impact mitigating steps such as grandfathering for a vehicle’s useful life to ensure the financial wellbeing of the producer and the livestock transporter.

Conclusion

AgForce strongly supports the Queensland Livestock Loading Scheme and volumetric mass limits system and their retention in Queensland, with a view towards a national approach that includes cross border access, providing it is an extension of Queensland’s already proven volumetric loading scheme and does not disadvantage Queensland’s 38-year investment into the livestock transport industry, nor disadvantage the welfare of livestock, the wellbeing of producers or productivity and profitability of transport operators.

AgForce thanks the NHVR for the opportunity to provide feedback to the NHVR’s review.

If you have any questions or require further information regarding this matter, please contact Sam Forzisi, AgForce Policy Director, by Email: forzisi@agforceqld.org.au or Mobile: 0499 960 006.

Yours faithfully

Michael Guerin

Chief Executive Officer

References:

Beef Central (2022, September 16). MLA Report for financial year 2021. Cattle distribution across Australia revealed - Beef Central

Commonwealth Government (2022, July 20). Department of Agriculture, Fisheries and Forestry.

Definition of livestock. Exporting livestock - DAFF (agriculture.gov.au)

Commonwealth Government (2021, April 14). Federal Register of Legislation. Australian Meat and Live-stock Industry Act 1997. C2021C00168. In force – latest version. Definition of livestock. Australian Meat and Live-stock Industry Act 1997 (legislation.gov.au)

Keywords: Submission, Livestock, NHVR, Mass, Dimensions, Loading