19Issuing a Class 3 notice or permit

19 Issuing a Class 3 notice or permit

(1) In deciding whether to issue a Class 3 notice or grant a Class 3 permit, the Authority must take into account the Guidelines contained in the document Exemptions from Mass and Dimension Standards: (a) approved by the Ministerial Council; and (b) published by the National Road Transport Commission on [insert date of publication, which must be before these Regulations are made]; and (c) available from Authority offices. (2) Except as provided in subregulations (3), (4) and (5), the conditions of a Class 3 notice or Class 3 permit must ensure that a single motor vehicle, or a combination, operating under the notice or permit is so configured and loaded that: (a) the mass on each single axle and axle group is not more than 10% in excess of the limit specified in the Mass and Loading Regulations for that single axle or axle group; and (b) a dimension limit in the Vehicle Standards Regulations or Mass and Loading Regulations is not exceeded by more than 10%. (3) In the case of a combination, if each of the individual vehicles that make up the combination, together with any load, comply in all respects with the mass and dimension limits in the Vehicle Standards Regulations and Mass and Loading Regulations, the conditions of a Class 3 notice or Class 3 permit may allow an increase in the total length limit or the total mass limit, or both, prescribed in those Regulations for the combination as a whole. (4) Subregulation (2) does not apply to a Class 3 notice or a Class 3 permit if: (a) the travel under the notice or permit: (i) is connected with the operation of a particular facility such as a mine or port; or (ii) takes place mainly on roads the primary purpose of which is to serve the needs of such a facility; and (b) either: (i) the notice or permit is not likely to affect road transport to, from or within another State or Territory; or (ii) the States and Territories likely to be affected have reached agreement on the terms of the notice or permit. (5) Subregulation (2) does not apply to a Class 3 notice or a Class 3 permit that relates to the operation of a B‑double or road train in the following circumstances: (a) a trailer forming part of the B‑double or road train is carrying one or more large indivisible items; and (b) the carrying of more than one large indivisible item does not cause the vehicle or combination and its load to exceed a dimension limit in the Mass and Loading Regulations that would not have been exceeded by the carrying of only one of the large indivisible items; and (c) but for the large indivisible items, the B‑double or road train and any load being carried would comply with the mass and dimension limits in the Mass and Loading Regulations. (6) If a Class 3 notice or Class 3 permit is likely to affect road transport to, from or within another State or Territory, the Authority must consult with the corresponding Authority of that other State or Territory and must issue the notice or grant the permit only on conditions that are agreed with that corresponding Authority. (7) The Authority must give particulars, in writing, to the corresponding Authority of each other State and Territory and to the National Road Transport Commission of any scheme under which a Class 3 notice or Class 3 permit is to remain in force for more than 6 months. (8) The particulars referred to in subregulation (7) must be given within 28 days of the publication of the notice or grant of the permit.