69Replacement

69 Replacement

69 Replacement

(1) The Regulator may—

(a) under Division 2 of Part 4.5 of the Law—

(i) replace a previous exemption with a mass or dimension exemption (notice); or

(ii) replace more than 1 previous exemption with a single consolidated mass or dimension exemption (notice); or

(b) under Division 3 of Part 4.6 of the Law—

(i) replace a previous authorisation with a class 2 heavy vehicle authorisation (notice); or

(ii) replace more than 1 previous authorisation with a single consolidated class 2 heavy vehicle authorisation (notice); or

(c) under Division 3 of Part 2 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (NSW)—

(i) replace a previous declaration with an HML declaration; or

(ii) replace more than 1 previous declaration with a single consolidated HML declaration.

(2) The relevant consent provisions do not apply if—

(a) the replacement instrument applies to the areas and routes to which the relevant previous instrument or instruments applied; and

(b) in relation to those areas and routes, the replacement instrument is subject to—

(i) the previous conditions; or

(ii) those conditions as amended in relation to any area or route with the consent of the road manager for the area or route.

(3) Under subsection (1), a previous instrument may be replaced entirely or partly.

(4) However, if a previous instrument is only partly replaced—

(a) the remainder is not affected; and

(b) section 750 of the Law applies.

(5) Subsections (6) to (8) apply in relation to a replacement instrument if, to the extent the conditions that apply to it are the previous conditions, those previous conditions included the following or the equivalent of the following—