Part 7Particular provisions about mass or dimension authorities

Part 7—Particular provisions about mass or dimension authorities 154—Definitions for Chapter 4 Part 7 road condition— (a) means a condition directed at— (i) protecting road infrastructure; or (ii) preventing or minimising an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or (iii) preventing or minimising significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; but (b) does not include a condition requiring the installation of equipment or another thing in a vehicle unless the equipment or thing is required to be installed in the vehicle for an intelligent access program condition imposed in connection with a condition directed at the matters mentioned in paragraph (a)(i), (ii) or (iii); route assessment, in relation to a mass or dimension authority, means an assessment of the road infrastructure in the areas or on the routes to which the authority is to apply to decide the impact the grant of the authority will have, or is likely to have, on the road infrastructure; travel condition means a condition directed at ensuring that access to a stated route or area is limited to either or both of the following: (a) stated days or hours (or both); (b) travel in a stated direction; vehicle condition means a condition directed at ensuring a vehicle can operate safely on roads. Division 2—Obtaining consent of relevant road managers 155—Application of Division 2 This Division applies in relation to the Regulator obtaining the consent of the road manager for a road for the purpose of granting a mass or dimension authority. 156—Period within which road manager must decide (1) If the Regulator asks a road manager for a road for the road manager's consent to the grant of a mass or dimension authority, the road manager must decide to give or not to give the consent— (a) within— (i) 28 days after the request is made, unless subparagraph (ii) applies; or (ii) if this section applies because the road manager gave the Regulator a notice of objection to the grant under section 167—14 days after giving the notice of objection; or (b) within a longer period, of not more than 6 months after the request is made, agreed to by the Regulator. See, however, sections 159, 167 and 168. (2) The road manager may ask for, and the Regulator may agree to, a longer period under subsection (1)(b) only if— (a) consultation is required under a law with another entity (including, for example, for the purpose of obtaining that entity's approval to give the consent); or (b) the road manager considers a route assessment is necessary for deciding whether to give or not to give the consent; or (c) the road manager is the road authority for the participating jurisdiction and considers that a local government authority that is not required under a law to be consulted should nevertheless be consulted before deciding whether to give or not to give the consent. (3) If the Regulator agrees to a longer period under subsection (1)(b), the Regulator must give the applicant for the mass or dimension authority concerned a written statement of the decision— (a) identifying the road manager concerned; and (b) indicating the ground on which the road manager asked for a longer period. 156A—Deciding request for consent generally (1) If the Regulator asks a road manager for a road for the road manager's consent to the grant of a mass or dimension authority, the road manager may decide not to give the consent only if the road manager is satisfied— (a) the mass or dimension authority will, or is likely to— (i) cause damage to road infrastructure; or (ii) impose adverse effects on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or (iii) pose significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; and (b) it is not possible to grant the authority subject to road conditions or travel conditions that will avoid, or significantly minimise— (i) the damage or likely damage; or (ii) the adverse effects or likely adverse effects; or (iii) the significant risks or likely significant risks. (2) If the road manager considers that the consent would be given if the mass of the vehicle under the application for the authority was less than applied for, the road manager must give the consent subject to a road condition that the vehicle not exceed the mass. (3) Also, in deciding whether or not to give the consent, the road manager must have regard to— (a) for a mass or dimension exemption—the approved guidelines for granting mass or dimension exemptions; or (b) for a class 2 heavy vehicle authorisation—the approved guidelines for granting class 2 heavy vehicle authorisations. (4) If a relevant road manager for a mass or dimension authority decides not to give consent to the grant of the authority, the relevant road manager must give the Regulator a written statement that explains the road manager's decision and complies with section 172. 157—Obtaining third party's approval for giving consent for permit (a) a person (the applicant) applies for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit); and (b) consultation with another entity is required under a law. (2) The Regulator must— (a) notify the applicant that consultation is required; and (b) notify the road manager that the applicant has been notified of the requirement. (3) The Regulator must, as far as practicable, give the notifications under subsection (2) concurrently with asking the road manager for the consent. 158—Action pending consultation with third party (a) consultation with another entity is required under a law; and (b) the road manager does not ask for a longer period under section 156(1)(b) or the Regulator refuses to agree to a longer period asked for under section 156(1)(b). (2) If the consultation with the other entity is not yet completed, the road manager must, as far as practicable, deal with the request for consent and decide to give or not to give the consent (even though the consultation with the other entity is not completed). (3) If the road manager decides to give the consent even though the consultation with the other entity is not completed, the consent is not operative unless and until— (a) the consultation is completed; and (b) if the other entity's approval is required, the other entity gives its approval. (4) If— (a) the consultation with the other entity is completed and the other entity's approval is required; and (b) the road manager has not yet decided to give or not to give the consent, the road manager may— (c) decide not to give the consent, on the ground that the consent would be inoperative; or (d) decide to give the consent, but the consent is inoperative without the other entity's approval. (5) The Regulator must not grant a mass or dimension authority if— (a) consultation is required under a law with another entity; and (b) the other entity's approval is required; and (c) the other entity has declined to give its approval. 159—Deciding request for consent if route assessment required (a) a person (the applicant) applies for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit); and (b) the Regulator asks a road manager for a road for the road manager's consent to the grant of the exemption or authorisation; and (c) the road manager considers a route assessment is necessary for deciding whether to give or not to give the consent. (2) The road manager may notify the Regulator of the following: (a) that a route assessment is required for the road manager deciding whether to give or not to give the consent; (b) the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated. (3) The Regulator must notify the applicant of the following: (a) that a route assessment is required for the road manager deciding whether to give or not to give the consent; (b) the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated; (c) if a fee is payable for the route assessment under a law of the jurisdiction in which the road is situated, that the road manager may stop considering whether to give or not to give the consent until the fee is paid; (d) if, under section 156(1)(b), the Regulator agrees to a longer period for the road manager deciding whether to give or not to give the consent, the longer period agreed by the Regulator. (4) If a fee is payable for the route assessment under a law of the jurisdiction in which the road is situated— (a) the road manager may stop considering whether to give or not to give the consent until the fee is paid; and (b) the period between the day the applicant is given the notification under subsection (3) and the day the fee is paid must not be counted in working out the period taken by the road manager to decide whether to give or not to give the consent. (5) If the applicant does not pay the fee for the route assessment within 28 days after the notification is given to the applicant under subsection (3), or a longer period agreed to by the Regulator, the application lapses. 160—Imposition of road conditions (1) A relevant road manager for a mass or dimension authority may consent to the grant of the authority subject to— (a) except in the case of a class 2 heavy vehicle authorisation (notice)—the condition that a stated road condition is imposed on the authority; or (b) in the case of a class 2 heavy vehicle authorisation (notice)—the condition that a stated road condition of a type prescribed by the national regulations is imposed on the authority. (2) If a relevant road manager for a mass or dimension authority consents to the grant of the authority subject to a condition as mentioned in subsection (1)(a)— (a) the relevant road manager must give the Regulator a written statement that explains the road manager's decision to give consent to the grant of the authority subject to the condition and complies with section 172; and (b) the Regulator must impose the stated road condition on the authority. (3) If a relevant road manager for a mass or dimension authority consents to the grant of the authority subject to a condition as mentioned in subsection (1)(b), the Regulator must impose the stated road condition on the authority. (4) The national regulations may prescribe road conditions, or kinds of road conditions, for the purposes of subsection (1)(b) and must prescribe the circumstances in which it is appropriate to impose such a condition. 161—Imposition of travel conditions (1) A relevant road manager for a mass or dimension authority may consent to the grant of the authority subject to the condition that a stated travel condition is imposed on the authority. (2) If a relevant road manager for a mass or dimension authority consents to the grant of the authority as mentioned in subsection (1)— (a) the relevant road manager must give the Regulator a written statement that explains the road manager's decision to give consent to the grant of the authority subject to the condition and complies with section 172; and (b) the Regulator must impose the stated travel condition on the authority. 162—Imposition of vehicle conditions (1) A relevant road manager for a mass or dimension authority who gives consent to the grant of the authority may ask the Regulator to impose a stated vehicle condition on the authority. (2) If a relevant road manager for a mass or dimension authority makes a request as mentioned in subsection (1), the Regulator must— (a) consider the request and decide— (i) to impose the stated vehicle condition on the authority (with or without modification); or (ii) not to impose the stated vehicle condition on the authority; and (b) notify the relevant road manager of the decision under paragraph (a). 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 (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. 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. 166—Information notice for decision to refuse application because road manager did not give consent (1) This section applies if an application for a mass or dimension authority is refused, wholly or partly, because a relevant road manager for the authority has refused to consent to the authority. (2) The information notice for the decision to refuse the application given to the applicant under this Law must state the following, in addition to any other information required to be included in the information notice: (a) that the road manager has refused to consent to the mass or dimension authority; (b) a written statement that explains the road manager's decision to refuse to give the consent and complies with section 172; (c) the review and appeal information for the road manager's decision to refuse to give the consent. 167—Expedited procedure for road manager's consent for renewal of mass or dimension authority (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). (2) However, this section does not apply, or ceases to apply, if— (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 (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 (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. (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. 168—Operation of section 167 (1) Sections 156 to 166 do not apply to a request for consent while a proposed replacement authority is being dealt with under the expedited procedure under section 167. (2) Those sections apply to the request for consent if section 167 does not apply or ceases to apply, as referred to in section 167(2). 169—Granting limited consent for trial purposes (1) A relevant road manager may give consent to the grant of a mass or dimension authority for a trial period of no more than 3 months specified by the road manager. (2) The trial period determines the maximum period for which the mass or dimension authority applies. (3) If there is more than one relevant road manager in relation to a proposed mass or dimension authority, the consent of one or more of the road managers is ineffective unless all the road managers give their consent to the same effect. 170—Renewal of limited consent for trial purposes (1) The Regulator must notify each relevant road manager that gave consent under section 169 that the mass or dimension authority concerned will be renewed with effect from the end of the current period of its duration unless action is taken under this section. (2) The notification must be given at least one month before the end of the current trial period. (3) The Regulator must renew the mass or dimension authority for a further trial period of no more than 3 months, unless the Regulator receives a written objection to its renewal from a relevant road manager within the current trial period. (4) The mass or dimension authority is renewable for one or more further trial periods. 171—Period for which mass or dimension authority applies where limited consent (1) This section applies where a mass or dimension exemption is granted under section 169 or 170. (2) In the case of a mass or dimension exemption (permit) or a class 2 heavy vehicle authorisation (permit), the period for which the permit applies must not exceed the length of the trial period. (3) In the case of a mass or dimension exemption (notice) or a class 2 heavy vehicle authorisation (notice), then, despite section 120 or 141, the period for which the notice applies is so much of the period stated in the Commonwealth Gazette notice referred to in that section as does not exceed the trial period. 172—Requirements for statement explaining adverse decision of road manager (1) This section applies to a written statement explaining a decision of a relevant road manager under this Division— (a) not to give consent to the grant of a mass or dimension authority (as referred to in section 156A); or (b) to consent to the grant of a mass or dimension authority on the condition that— (i) a road condition is imposed on the authority (as referred to in section 160); or (ii) a travel condition is imposed on the authority (as referred to in section 161). (2) The written statement complies with this section if it sets out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the road manager's decision. Division 3—Amendment, cancellation or suspension of mass or dimension authority granted by Commonwealth Gazette notice 173—Amendment or cancellation on Regulator's initiative (1) It is a ground for amending or cancelling a mass or dimension authority granted by Commonwealth Gazette notice if the use of heavy vehicles on a road under the authority 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 mass or dimension authority, the Regulator may amend or cancel the authority by complying with subsections (3) to (5). (a) stating that the Regulator believes a ground exists to amend or cancel the authority; 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 mass or dimension authority—amend the authority in a way that is not substantially different from the proposed action, including, for example, by— (iii) imposing additional vehicle conditions on the authority; or (b) if the proposed action was to cancel the mass or dimension authority— (i) amend the authority, including, for example, as mentioned in paragraph (a)(i), (ii) or (iii); or (ii) cancel the authority. 174—Amendment or cancellation on request by relevant road manager (1) This section applies if a relevant road manager for a mass or dimension authority granted by Commonwealth Gazette notice is satisfied the use of heavy vehicles on a road under the authority— (a) has caused, or is likely to cause, damage to road infrastructure; or (b) has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or (c) has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions. (2) The road manager may ask the Regulator to— (a) amend the mass or dimension authority by— (ia) amending the category of vehicle to which the authority applies; or (ib) amending the type of load that may be carried by vehicles to which the authority applies; or (iii) imposing or amending road conditions or travel conditions; or (b) cancel the authority. (3) The Regulator must comply with the request. (4) However, if consent to the grant of the mass or dimension authority was given by a road authority under section 163— (a) the Regulator may refer the request to the road authority; and (b) if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and (c) if the road authority does not give written approval of the road manager's request within 28 days after the referral is made, the Regulator— (i) must not comply with the request; and (ii) must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it. 175—Immediate suspension (1) This section applies if the Regulator considers it is necessary to suspend a mass or dimension authority granted by Commonwealth Gazette notice immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure. (2) The Regulator may, by public notice, immediately suspend the authority until the earliest of the following: (b) the Regulator publishes a notice under section 173(5) or 174(5) and the amendment or cancellation takes effect under section 173(6) or 174(6); (4) The suspension, and (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3). (5) This section applies despite sections 173 and 174. 175A—Minor amendment (1) The Regulator may amend a mass or dimension authority, granted by Commonwealth Gazette notice, in a minor respect— (b) in another way that does not adversely affect the interests of a person who is operating under the authority. (2) The Regulator must publish a public notice of the amendment. Division 4—Amendment, cancellation or suspension of mass or dimension authority granted by permit 176—Amendment or cancellation on application by permit holder (1) The holder of a permit for a mass or dimension authority may apply to the Regulator for an amendment or cancellation of the authority. (c) if the application is for an amendment, state clearly the amendment sought and the reasons for the amendment; and (3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application. (4) If the proposed amendment of the mass or dimension authority is— (a) to amend the areas or routes to which the authority applies (otherwise than by omitting an area or route or reducing an area or route in size); or (b) to impose or amend road conditions or travel conditions, (c) the Regulator must ask the relevant road managers (for the roads to which the amendment relates) for their consent to the amendment; and (d) the provisions of Division 2 apply to the request for consent in the same way as they apply to a request for consent under that Division, with the modifications (if any) prescribed by the national regulations and with any necessary modifications. (5) The Regulator must decide the application as soon as practicable after receiving it. (6) If the Regulator decides to grant the application— (c) if the Regulator amended the authority, the Regulator must give the applicant a replacement permit for the authority as amended; and (d) if the authority is amended to change the vehicle to which the authority applies to an equivalent vehicle, the Regulator must give notice of the amendment to the relevant road manager within 28 days after the authority is amended. (7) If the Regulator decides not to amend or cancel the mass or dimension authority as sought by the applicant, the Regulator must— (b) return the permit for the authority to the applicant. equivalent vehicle, of another vehicle, means a vehicle that— (a) is of the same category as the other vehicle; and (b) has mass requirements that are no more than the mass requirements applying to the other vehicle; and (c) has dimension requirements that are no more than the dimension requirements applying to the other vehicle; and (d) poses no greater public risk than the other vehicle. 177—Amendment or cancellation on Regulator's initiative (1) Each of the following is a ground for amending or cancelling a mass or dimension authority granted by giving a person a permit: (a) the authority was granted because of a document or representation that was— (b) the holder of the permit for the authority has contravened a condition of the authority; (c) the use of heavy vehicles on a road under the authority 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 a mass or dimension authority granted by giving a person a permit (the proposed action), the Regulator must give the holder of the permit a notice— (d) if the proposed action is to amend the authority (including a condition of the authority)—stating the proposed amendment; and (e) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken. (3) If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may— (a) if the proposed action was to amend the mass or dimension authority—amend the authority in a way that is not substantially different from the proposed action, including, for example, by— (iii) imposing additional vehicle conditions on the authority; or (b) if the proposed action was to cancel the authority— (i) amend the authority, including, for example, as mentioned in paragraph (a)(i), (ii) or (iii); or (ii) cancel the authority. 178—Amendment or cancellation on request by relevant road manager (1) This section applies if a relevant road manager for a mass or dimension authority granted by giving a person a permit is satisfied the use of heavy vehicles on a road under the authority— (a) has caused, or is likely to cause, damage to road infrastructure; or (b) has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or (c) has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions. (2) The road manager may ask the Regulator to— (a) amend the mass or dimension authority, including, for example, by— (iii) imposing or amending road conditions or travel conditions on the authority; or (b) cancel the authority. (3) The Regulator must comply with the request. (4) However, if consent to the grant of the mass or dimension authority was given by a road authority under section 163— (a) the Regulator may refer the request to the road authority; and (b) if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and (c) if the road authority does not give written approval of the request within 28 days after the referral is made, the Regulator— (i) must not comply with the request; and (ii) must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it. (5) If the mass or dimension authority is amended or cancelled under this section, the Regulator must give the holder of the permit for the authority notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect. (6) The notice given to the holder must state— (a) the day the amendment or cancellation is to take effect; and (b) the reasons given by the road manager for the amendment or cancellation; and (c) the review and appeal information for the road manager's decision. 179—Immediate suspension (1) This section applies if the Regulator considers it is necessary to suspend a mass or dimension authority granted by issuing a permit to someone immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure. (2) The Regulator may, by notice (immediate suspension notice) given to the person to whom the permit was given, immediately suspend the authority until the earliest of the following: (a) the Regulator gives the person a notice under section 177(4) or 178(5) and the amendment or cancellation takes effect under section 177(5) or 178; (c) the end of 56 days after the day the immediate suspension notice is given to the person. (3) This section applies despite sections 176, 177 and 178. 180—Minor amendment of permit for a mass or dimension authority (1) The Regulator may, by notice given to the holder of a permit for a mass or dimension authority, amend the authority in a minor respect— (2) The Regulator must give notice of the amendment to the relevant road manager— (a) if the authority is amended for a formal or clerical reason—within 28 days after the authority is amended; or (b) if the authority is amended in another way—as soon as practicable, but no later than 7 days, after the authority is amended. Division 5—Provisions about permits for mass or dimension authorities 181—Return of permit (1) This section applies to a mass or dimension authority granted by giving a person a permit. (2) If the mass or dimension authority is amended or cancelled, the Regulator may, by notice, require the person to return the person's permit for the authority to the Regulator. (3) The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period. (4) If the mass or dimension authority has been amended, the Regulator must give the person a replacement permit for the authority as amended. 182—Replacement of defaced etc permit (1) If a person's permit for a mass or dimension authority is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit. (2) If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable. (3) If the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.