17Amendment or cancellation of HML declaration on Regulator’s initiative

17 Amendment or cancellation of HML declaration on Regulator’s initiative

17 Amendment or cancellation of HML declaration on Regulator’s initiative

(1) It is a ground for amending or cancelling a HML declaration if the Regulator is satisfied the use of HML heavy vehicles under the higher mass limits in an area or on a route to which an HML declaration applies has caused, or is likely to cause, a significant risk to public safety.

(2) If the Regulator considers a ground exists to amend or cancel the HML declaration, the Regulator may amend or cancel the HML declaration by complying with subsections (3) to (5).

(3) The Regulator must publish a public notice—

(a) stating the Regulator believes a ground exists to amend or cancel the HML declaration; and

(b) outlining the facts and circumstances forming the basis for the belief; and

(c) stating the action the Regulator is proposing to take under this section (the proposed action); and

(d) inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.

(4) If, after considering all written representations made under subsection (3)(d), the Regulator still considers a ground exists to take the proposed action, the Regulator may—

(a) if the proposed action was to amend the HML declaration—amend the declaration, in a way that is not substantially different from the proposed action, to change the area or route to which it applies; or

(b) if the proposed action was to cancel the HML declaration—

(i) amend the declaration to change the area or route to which it applies; or

(ii) cancel the declaration.

(5) The Regulator must publish a public notice of the amendment or cancellation.

(6) The amendment or cancellation takes effect—

(a) 28 days after the Commonwealth Gazette notice is published under subsection (5); or

(b) if a later time is stated in the Commonwealth Gazette notice, at the later time.