163Obtaining consent of road authority if particular road manager refuses to give consent

163 Obtaining consent of road authority if particular road manager refuses to give consent

163 Obtaining consent of road authority if particular road manager refuses to give consent

(1) This section applies if a relevant road manager for a mass or dimension authority—

(a) is a public authority other than a road authority; and

(b) either—

(i) decides not to consent to the grant of the mass or dimension authority; or

(ii) consents to the grant of the mass or dimension authority subject to the imposition of road conditions or travel conditions the Regulator considers are not necessary to avoid, or significantly minimise—

(A) damage, or likely damage, to road infrastructure; or

(B) adverse effects, or likely adverse effects, on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or

(C) significant risks, or likely significant risks, to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.

(2) The Regulator may ask the relevant road authority to consent to the grant.

(3) If the Regulator asks the relevant road authority for consent under this section, the road authority must decide to give or not to give the consent—

(a) within 3 months of the request; or

(b) within a longer period, of not more than 6 months, agreed to by the Regulator.

(4) If the relevant road authority gives the consent or gives the consent on the condition that a stated road condition or travel condition is imposed on the mass or dimension authority—

(a) the decision of the relevant road manager has no effect for the purposes of this Law; and

(b) to the extent this Law applies in relation to the consent of, or the road conditions or travel conditions required by, the relevant road manager, this Law (other than this section) applies as if a reference in it to the relevant road manager were a reference to the relevant road authority.

(5) In this section—

relevant road authority, for a decision of a relevant road manager for a mass or dimension authority, means the road authority for the participating jurisdiction in which the road for which the relevant road manager is a road manager is situated.