sec.119Conditions of mass or dimension exemption (notice)

### sec.119 Conditions of mass or dimension exemption (notice) A mass or dimension exemption (notice)— must include a condition about the areas or routes to which the exemption applies; and is subject to conditions prescribed by the national regulations for the exemption; and must be subject to the road conditions or travel conditions required for the exemption; and may be subject to any other conditions the Regulator considers appropriate, including, for example— conditions about 1 or more matters mentioned in Schedule 2 ; and without limiting subparagraph (i) , intelligent access program conditions; and a condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of— the Commonwealth Gazette notice for the exemption; or an information sheet about the exemption published by the Regulator on the Regulator’s website. Without limiting subsection (1) (a) , the condition under the subsection about areas or routes may be imposed by— applying by reference a stated map or stated list, not in the notice, prepared and published by the relevant road authority or the Regulator; and referring to the areas or routes shown on the stated map or stated list. Without limiting subsection (1) (c) , road conditions or travel conditions under the subsection may be imposed by referring to road conditions or travel conditions shown on a stated map or stated list applied under subsection (2) (a) . If the notice applies a stated map or stated list— the Regulator may amend the stated map or stated list prepared and published by it and the relevant road authority may amend the stated map or stated list prepared and published by it, but only by omitting, varying or extending— the areas or routes mentioned in subsection (2) (b) ; or the road conditions or travel conditions mentioned in subsection (3) ; including by adding additional areas, routes, road conditions or travel conditions; and the Regulator must ensure a copy of the stated map or stated list as in force from time to time is— made available for inspection, without charge, during normal business hours at each office of the Regulator; and published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website. The Regulator must publish a stated map or stated list whether the Regulator or a relevant road authority originally prepared and published it as mentioned in subsection (2) . Despite subsection (4) (a) , a road authority may only amend a map or list in a way that affects a particular road if— the road authority is the road manager for the road; or the road authority is not the road manager for the road and has been advised by the Regulator that the Regulator has obtained the consent of the road manager for the amendment. Without limiting the conditions that may be prescribed under subsection (1) (b) , the national regulations may— prescribe conditions that are to apply only to particular areas or roads; and authorise the Regulator to decide the areas or roads to which the conditions are to apply. In this section— relevant road authority , for a mass or dimension exemption (notice), means the road authority for the participating jurisdiction in which the road likely to be travelled under the exemption is situated. road conditions means road conditions required by the relevant road manager under section 160 . travel conditions means travel conditions required by the relevant road manager under section 161 . sch s 119 amd 2015 No. 12 s 9 ; 2016 No. 65 s 139 (sec.119-ssec.1) A mass or dimension exemption (notice)— must include a condition about the areas or routes to which the exemption applies; and is subject to conditions prescribed by the national regulations for the exemption; and must be subject to the road conditions or travel conditions required for the exemption; and may be subject to any other conditions the Regulator considers appropriate, including, for example— conditions about 1 or more matters mentioned in Schedule 2 ; and without limiting subparagraph (i) , intelligent access program conditions; and a condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of— the Commonwealth Gazette notice for the exemption; or an information sheet about the exemption published by the Regulator on the Regulator’s website. (sec.119-ssec.2) Without limiting subsection (1) (a) , the condition under the subsection about areas or routes may be imposed by— applying by reference a stated map or stated list, not in the notice, prepared and published by the relevant road authority or the Regulator; and referring to the areas or routes shown on the stated map or stated list. (sec.119-ssec.3) Without limiting subsection (1) (c) , road conditions or travel conditions under the subsection may be imposed by referring to road conditions or travel conditions shown on a stated map or stated list applied under subsection (2) (a) . (sec.119-ssec.4) If the notice applies a stated map or stated list— the Regulator may amend the stated map or stated list prepared and published by it and the relevant road authority may amend the stated map or stated list prepared and published by it, but only by omitting, varying or extending— the areas or routes mentioned in subsection (2) (b) ; or the road conditions or travel conditions mentioned in subsection (3) ; including by adding additional areas, routes, road conditions or travel conditions; and the Regulator must ensure a copy of the stated map or stated list as in force from time to time is— made available for inspection, without charge, during normal business hours at each office of the Regulator; and published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website. The Regulator must publish a stated map or stated list whether the Regulator or a relevant road authority originally prepared and published it as mentioned in subsection (2) . (sec.119-ssec.5) Despite subsection (4) (a) , a road authority may only amend a map or list in a way that affects a particular road if— the road authority is the road manager for the road; or the road authority is not the road manager for the road and has been advised by the Regulator that the Regulator has obtained the consent of the road manager for the amendment. (sec.119-ssec.6) Without limiting the conditions that may be prescribed under subsection (1) (b) , the national regulations may— prescribe conditions that are to apply only to particular areas or roads; and authorise the Regulator to decide the areas or roads to which the conditions are to apply. (sec.119-ssec.7) In this section— relevant road authority , for a mass or dimension exemption (notice), means the road authority for the participating jurisdiction in which the road likely to be travelled under the exemption is situated. road conditions means road conditions required by the relevant road manager under section 160 . travel conditions means travel conditions required by the relevant road manager under section 161 . - (a) must include a condition about the areas or routes to which the exemption applies; and - (b) is subject to conditions prescribed by the national regulations for the exemption; and - (c) must be subject to the road conditions or travel conditions required for the exemption; and - (d) may be subject to any other conditions the Regulator considers appropriate, including, for example— (i) conditions about 1 or more matters mentioned in Schedule 2 ; and (ii) without limiting subparagraph (i) , intelligent access program conditions; and (iii) a condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of— (A) the Commonwealth Gazette notice for the exemption; or (B) an information sheet about the exemption published by the Regulator on the Regulator’s website. - (i) conditions about 1 or more matters mentioned in Schedule 2 ; and - (ii) without limiting subparagraph (i) , intelligent access program conditions; and - (iii) a condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of— (A) the Commonwealth Gazette notice for the exemption; or (B) an information sheet about the exemption published by the Regulator on the Regulator’s website. - (A) the Commonwealth Gazette notice for the exemption; or - (B) an information sheet about the exemption published by the Regulator on the Regulator’s website. - (i) conditions about 1 or more matters mentioned in Schedule 2 ; and - (ii) without limiting subparagraph (i) , intelligent access program conditions; and - (iii) a condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of— (A) the Commonwealth Gazette notice for the exemption; or (B) an information sheet about the exemption published by the Regulator on the Regulator’s website. - (A) the Commonwealth Gazette notice for the exemption; or - (B) an information sheet about the exemption published by the Regulator on the Regulator’s website. - (A) the Commonwealth Gazette notice for the exemption; or - (B) an information sheet about the exemption published by the Regulator on the Regulator’s website. - (a) applying by reference a stated map or stated list, not in the notice, prepared and published by the relevant road authority or the Regulator; and - (b) referring to the areas or routes shown on the stated map or stated list. - (a) the Regulator may amend the stated map or stated list prepared and published by it and the relevant road authority may amend the stated map or stated list prepared and published by it, but only by omitting, varying or extending— (i) the areas or routes mentioned in subsection (2) (b) ; or (ii) the road conditions or travel conditions mentioned in subsection (3) ; including by adding additional areas, routes, road conditions or travel conditions; and - (i) the areas or routes mentioned in subsection (2) (b) ; or - (ii) the road conditions or travel conditions mentioned in subsection (3) ; - (b) the Regulator must ensure a copy of the stated map or stated list as in force from time to time is— (i) made available for inspection, without charge, during normal business hours at each office of the Regulator; and (ii) published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website. - (i) made available for inspection, without charge, during normal business hours at each office of the Regulator; and - (ii) published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website. - (i) the areas or routes mentioned in subsection (2) (b) ; or - (ii) the road conditions or travel conditions mentioned in subsection (3) ; - (i) made available for inspection, without charge, during normal business hours at each office of the Regulator; and - (ii) published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website. - (a) the road authority is the road manager for the road; or - (b) the road authority is not the road manager for the road and has been advised by the Regulator that the Regulator has obtained the consent of the road manager for the amendment. - (a) prescribe conditions that are to apply only to particular areas or roads; and - (b) authorise the Regulator to decide the areas or roads to which the conditions are to apply.