QLDIn ForceAct
Heavy Vehicle National Law Act 2012
sec.167Expedited procedure for road manager’s consent for renewal of mass or dimension authority
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### sec.167 Expedited procedure for road manager’s consent for renewal of mass or dimension authority
This section applies if—
the relevant road manager has previously consented to a grant of a mass or dimension authority (the previous authority ); and
the Regulator proposes to grant a mass or dimension authority (the proposed replacement authority ) by way of renewal so as to replace the previous authority on its expiry; and
the Regulator proposes to impose the same conditions on the proposed replacement authority as applied to the previous authority; and
the Regulator informs the relevant road manager that the Regulator is seeking to obtain the manager’s consent in accordance with the procedure under this section (the expedited procedure ).
However, this section does not apply, or ceases to apply, if—
there are differences between the terms of the previous authority and the terms of the proposed replacement authority, including, for example—
differences relating to the description of the type of heavy vehicle covered by the proposed replacement authority; and
additional, deleted or varied conditions; and
the inclusion of additional areas or routes; or
the relevant road manager gives the Regulator a notice of objection to the application of this section to the proposed replacement authority and that notice of objection is given within the period (the relevant period ) of—
14 days after the request for consent is made; or
28 days after the request for consent is made if the road manager seeks the extension of time within the initial 14 days; or
the Regulator gives the relevant road manager a notice that the Regulator withdraws the proposed replacement authority from the expedited procedure; or
a law of this jurisdiction requires consultation with third parties before the grant of the proposed replacement authority or before access to a particular route or area covered by it is given.
The road manager is taken to have given the consent at the end of the relevant period to the grant of the proposed replacement authority on the same conditions as applied to the previous authority, unless before the end of that period the road manager gives written notice to the Regulator that the road manager gives or refuses consent.
sch s 167 sub 2013 No. 4 s 12
(sec.167-ssec.1) This section applies if— the relevant road manager has previously consented to a grant of a mass or dimension authority (the previous authority ); and the Regulator proposes to grant a mass or dimension authority (the proposed replacement authority ) by way of renewal so as to replace the previous authority on its expiry; and the Regulator proposes to impose the same conditions on the proposed replacement authority as applied to the previous authority; and the Regulator informs the relevant road manager that the Regulator is seeking to obtain the manager’s consent in accordance with the procedure under this section (the expedited procedure ).
(sec.167-ssec.2) However, this section does not apply, or ceases to apply, if— there are differences between the terms of the previous authority and the terms of the proposed replacement authority, including, for example— differences relating to the description of the type of heavy vehicle covered by the proposed replacement authority; and additional, deleted or varied conditions; and the inclusion of additional areas or routes; or the relevant road manager gives the Regulator a notice of objection to the application of this section to the proposed replacement authority and that notice of objection is given within the period (the relevant period ) of— 14 days after the request for consent is made; or 28 days after the request for consent is made if the road manager seeks the extension of time within the initial 14 days; or the Regulator gives the relevant road manager a notice that the Regulator withdraws the proposed replacement authority from the expedited procedure; or a law of this jurisdiction requires consultation with third parties before the grant of the proposed replacement authority or before access to a particular route or area covered by it is given.
(sec.167-ssec.3) The road manager is taken to have given the consent at the end of the relevant period to the grant of the proposed replacement authority on the same conditions as applied to the previous authority, unless before the end of that period the road manager gives written notice to the Regulator that the road manager gives or refuses consent.
- (a) the relevant road manager has previously consented to a grant of a mass or dimension authority (the previous authority ); and
- (b) the Regulator proposes to grant a mass or dimension authority (the proposed replacement authority ) by way of renewal so as to replace the previous authority on its expiry; and
- (c) the Regulator proposes to impose the same conditions on the proposed replacement authority as applied to the previous authority; and
- (d) the Regulator informs the relevant road manager that the Regulator is seeking to obtain the manager’s consent in accordance with the procedure under this section (the expedited procedure ).
- (a) there are differences between the terms of the previous authority and the terms of the proposed replacement authority, including, for example— (i) differences relating to the description of the type of heavy vehicle covered by the proposed replacement authority; and (ii) additional, deleted or varied conditions; and (iii) the inclusion of additional areas or routes; or
- (i) differences relating to the description of the type of heavy vehicle covered by the proposed replacement authority; and
- (ii) additional, deleted or varied conditions; and
- (iii) the inclusion of additional areas or routes; or
- (b) the relevant road manager gives the Regulator a notice of objection to the application of this section to the proposed replacement authority and that notice of objection is given within the period (the relevant period ) of— (i) 14 days after the request for consent is made; or (ii) 28 days after the request for consent is made if the road manager seeks the extension of time within the initial 14 days; or
- (i) 14 days after the request for consent is made; or
- (ii) 28 days after the request for consent is made if the road manager seeks the extension of time within the initial 14 days; or
- (c) the Regulator gives the relevant road manager a notice that the Regulator withdraws the proposed replacement authority from the expedited procedure; or
- (d) a law of this jurisdiction requires consultation with third parties before the grant of the proposed replacement authority or before access to a particular route or area covered by it is given.
- (i) differences relating to the description of the type of heavy vehicle covered by the proposed replacement authority; and
- (ii) additional, deleted or varied conditions; and
- (iii) the inclusion of additional areas or routes; or
- (i) 14 days after the request for consent is made; or
- (ii) 28 days after the request for consent is made if the road manager seeks the extension of time within the initial 14 days; or