1. Commercial shipping operations in Australia and the diminishing involvement of Australian registered ships Shipping Industry Policy John Francis │ Director │ Maritime Transport Policy Centre (MTPC)
7. Australia’s exports by destination 2007-08 MTPC Source: BITRE 2009 Destination Export weight (tonnes) Japan & N Asia 317 903 221 E Asia 249 723 231 Europe 43 219 971 South Asia 28 935 905 South East Asia 24 402 366 Middle East 9 313 879 South America 8 588 326 Destination Export weight (tonnes) N & Central USA 8 294 819 Africa 6 030 812 New Zealand 5 149 194 Rest of the world 2 341 834 Pacific Is & PNG 1 940 763 Total 705 844 322
30. Nationality of controlling interests MTPC Source: UNCTAD “Review of Maritime Transport 2009” Panama Japanese ship owners who account for more than half of the registry’s tonnage (128.4 million dwt of ships > 1,000 GT) Owners from China (22.8 million dwt) Greece (19.4 million dwt) Rep of Korea (19.2 million dwt). 74.1% of Japanese tonnage is registered in Panama
31.
32.
33.
34. Major terms under a voyage charter party (single voyage or COA) MTPC
65. Other impacts of a successful shipping policy MTPC Source: MUA Submission 45 p.68
66.
67.
68. Thank you for your attention MTPC Photograph: BP Shipping
Notas do Editor
All of these ships awaiting export coal cargoes are foreign flagged. The same can be said of the ships waiting at any other major Australian dry bulk export terminal
The Australian shipping industry involves a wide variety of sectors such as: coastal and international trading, passenger vessels (cruise and ferry),tourism and recreational vessels, offshore oil and gas, harbour towage and salvage tugs etc. We will focus primarily on the dry bulk trades because they represent the most substantial sector of the Australian industry from a volume perspective. And this volume is slated to grow considerably in the near future. Reference will be made to submissions made by industry to the House of Representatives Standing Committee on Infrastructure, Transport, Regional Development & Local Government, Inquiry into Coastal Shipping Policy and Regulation. See generally: http://www.aph.gov.au/House/committee/itrdlg/coastalshipping/report.htm Reference will also be made to the Independent Review of Australian Shipping (2003) (IRAS) conducted by The Hon Peter Morris and The Hon John Sharp: http://www.asa.com.au/upload/news/IRAS%20Blueprint%20Final.pdf
Iron ore and coal represent well over half of Australia’s exports by volume. Nevertheless, there are still substantial tonnages of other bulk commodities including alumina, grains and minerals
Fertilizers, Pb and Zn ores and concentrates are important to the local market because much of that business is controlled locally.
A significant percentage of the imported phosphates and finished fertilizer business is controlled by Australian interests.
The total volume speaks for itself...
LONDON COURAGE Marshall Island Flag, Blt'07 – 205,000 DWT on 18.1 metres draft – 292 metres LOA and 50 metres beam – maiden voyage loading coal at Hay Point for Gijon 22Nov07.
Newcastle 01Mar07 - Panamax HALO OLYMPUS inbound passing Cape STAR EUROPE.
BETEIGEUZE Liberian Flag Blt'07 – Panamax bulk carrier 77,053dwt on 12.4 mtrs - 225 mtrs LOA – 32 mtrs beam - maiden voyage loading coal at Hay Pt for India.
SANKO KING 56,000 dwt supramax bulk carrier – 5 holds and 5 hatches – 4 cranes with grabs on board – strengthened to carry cargo in alternate holds.
Loading shredded scrap
*Timecharters give the charterer commercial control of the vessel subject to agreed restrictions on trading area and cargoes that can be carried. The owner has to warrant the performance of the vessel in terms of carrying capacity, speed and fuel consumption, lifting capacity of cranes etc. Charterer effectively stands in the shoes of the owner when chartering (usually referred to as ‘fixing’) the ship on a voyage basis. Master follows charterers orders on trading matters. Charterer pays for bunkers, port charges and canal dues. In voyage and timecharter agreements, owners are responsible for paying brokerage.
ML McConnell :- “ While issues such as safety and protection of seamen were part of the rationale for such legislation it seems evident from the discussions and the provisions themselves that the motivation was, as suggested, essentially economic. A Report in 1924 of an Australian Royal Commission on the Navigation Act commented - [I]t is necessary to look closely into the reasons why the Parliament, after such exhaustive consideration, finally placed the Navigation Bill upon the statute-book. Your Commissioners have studied these reasons, have perused the reports of the Royal Commission and of the Imperial Shipping Conference, and read every important speech on the Navigation Bill by Ministers, members of the House of Representatives, and Senators, with the result that your Commissioners find that the main reason which actuated Parliament in placing the Act upon the statute-book, and which lifted the subject ro the plane of great national importance above the ordinary considerations of party politics, was the desire to build up an Australian Mercantile Marine. To build up an Australian Mercantile Marine it was necessary to extend the protective policy of Australia to its merchant shipping . . . The Australian coastal trade was to be reserved for Australian owned ships.”
Australian registered fleet such that numbers of ships have declined and the average age of ships has increased from 11 years in 1996 (ASA 2004, p. 5) to 18.7 years in 2009 for ships over 2000 DWT. This is the reverse of the world fleet where, according to Ship Chartering (2009), there has been ‘ a recent decrease in the average age of the world fleet to 11.8 years’ from 15 years in 1996.
Minister Reith said no financial support for the industry would be forthcoming until the Seamen’s Engagement System was dismantled. It was.
This extraordinary statement is widely seen as the rationale for the policy inaction during the years of the Howard Government.
Restricting the carriage of coastal cargoes to licensed vessels, or a requirement that only ships flying the national flag can carry coastal cargoes, provides the foundation for a cabotage regime. Some countries, such as the USA, strictly enforce cabotage, (and this policy creates its own difficulties through a lack of flexibility). Australia does not.
In Australia, if the Minister considers it desirable, he or she may grant a permit to unlicensed ships to carry domestic cargo.
The permit system has allowed foreign vessels, operating with foreign labour to enter the Australian domestic shipping market and offer to carry freight on a cost-base that is not available to Australians who wish to compete for the contracts to carry those cargoes.
By way of background, it is Protection & Indemnity Associations that provide insurance cover for crew liabilities . The SRC imposes liabilities for employers that go beyond the terms of P&I cover and therefore additional insurances have to be purchased by Australian operators but not by the foreign flag operator.
457’s require the Dept of Immigration to be satisfied that there is insufficient Australian labour available to perform that work.
The first set of guidelines in 1990, which were approved by the Hon Ralph Willis, to take effect from 1 March 1990 contained the statement that “Government policy is that Australia’s coastal trade is to be carried in Australian controlled and crewed ships whenever possible. Permits will be issued when suitable licensed ships are not available and it is in the public interest.” The guidelines contained a comprehensive consultation process with relevant stakeholders, including the ASA and all the maritime unions. With the change of government in 1996, policy changed and the 1998 guidelines, amongst other things, removed the policy statement...
Q - What would a shipper do if they wanted to avoid chartering an available Australian ship? A - Change the deadweight required to carry the cargo or change shipment dates.
What is reasonable? Is reasonableness determined by a comparison with the international spot market? Does this mean that the freight rate offered by the owners of a licensed ship can remain relatively static over a period of time and be seen to be reasonable when the spot market is firm and unreasonable as soon as the market eases? The guidelines do not articulate the basis of this evaluation so that it is transparent and applied consistently.
The freight market always contains some volatility but it was particularly volatile during the boom/bust that occurred between 2007-2009.
3 days may be a reasonable spread for some container shipments of manufactured goods from eastern States to WA (see Boral’s submission to HRSC). It may also be reasonable for a time-sensitive bulk cargo such as alumina. It may however, be entirely unreasonable for other dry bulk cargoes, particularly where no attempt has been made to engage with owners of licensed vessels in addressing forward shipping requirements. Whilst certainty is always desirable wherever possible, it is unfortunate that this general rule is now seen by some sections of the market as articulating a strategy to avoid cabotage. IRAS Report noted: “If all sectors of the industry are unanimous on any single issue, it is the need for Government to enunciate a clear, certain and consistent policy towards the industry, and for regulatory activities to be carried out in a consistent way...(page 20) “ The process most criticised was the administration of Part VI of the Navigation Act 1912 and in particular the issue of single voyage and continuous voyage permits. While no one suggested to the Review that there is never any justification for the carriage of cargo by foreign ships, there is a widespread view that the permit system is being misused to enable foreign ships to become regular operators on the coast. Development of regular coastal services is being inhibited by what is seen as capricious administration of the permit system that favours foreign operators at the expense of Australian enterprises.” (pp 20-21)
To evaluate commercial terms for their reasonableness and the reasonableness or otherwise of the stated needs of a shipper is not an easy task to accomplish in a strongly contested case, particularly if bureaucrats charged with that task have no experience in commercial shipping . In many instances the process is straight forward but by no means always, as we saw when containers had to be discharged from a permit vessel during the PAN Shipping era. Is it reasonable to ask people without the requisite background to adjudicate on these issues?
Minister Albanese’s recognition of the importance of shipping in national and international supply chains is, of course, widely supported by industry. As far as the potential for coastal shipping is concerned, here is an edited extract from a submission by consultants Thompson Clarke Shipping Pty Ltd.
Minister Albanese’s recognition of the importance of shipping in national and international supply chains is, of course, widely supported by industry. As far as the potential for coastal shipping is concerned, here is an edited extract from a submission by consultants Thompson Clarke Shipping Pty Ltd.
The deteriorating freight services imbalance has been of concern to industry stakeholders for many years. However, the Australian register is not an attractive register for ship owners, hence the imbalance continues to deteriorate. The Commonwealth Government is well justified in giving consideration to creating a second register. Such a measure, if well designed and attractive to ship owners, would rapidly reverse this freight imbalance.