Heavy Vehicle National Law - New South Wales Class 1 Agricultural Cotton Vehicle Transportation Exemption Notice 2021 (No.1)

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Legislation au C2021G00238 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

New South Wales Class 1 Agricultural Cotton Vehicle Transportation Exemption Notice 2021 (No.1)

  1. Purpose

 

This Notice grants additional access to stated routes for class 1 load carrying vehicles transporting agricultural cotton vehicles that already have access under an existing authority (exemption permit or Gazette Notice). The additional access allows operation on specified routes on Easter Saturday and Easter Sunday, despite restrictions that would normally apply on those days.

 

Note: This notice replaces the New South Wales Class 1 Agricultural Cotton Vehicle Exemption for Permitted Heavy Vehicles (Notice) 2016.

 

2.       Authorising provision

 

(1)    This Notice is made under the following provision of the Heavy Vehicle National Law (HVNL):

 

a)      Section 117 - Regulator’s power to exempt class 1 or 3 vehicles from compliance with a mass or dimension requirement

 

3.       Commencement

 

This Notice commences on 1 April 2021.

 

4.       Expiry

 

This Notice expires on 31 March 2026.

 

5.       Title

 

This Notice may be cited as the New South Wales Class 1 Agricultural Cotton Vehicle Transportation Exemption Notice 2021.

 


6.       Definitions

 

(1)    Unless stated, words and expressions used in this Notice have the same meaning as those in the HVNL.

 

(2)    In this Notice:-

Easter Saturday and Easter Sunday means the dates as published in the NSW Government Gazette.

 

Eligible class 1 exemption means:

a)      the Multi-State Class 1 Load Carrying Vehicle Dimension Exemption Notice 2020; or

b)      a current class 1 exemption permit issued by the Regulator to the eligible vehicle.

Stated areas or routes means the stated areas or routes set out in section 9.

Stated hours of stated days means the stated hours of stated days set out in section 10.

Agricultural cotton vehicle means an Agricultural Vehicle or Agricultural Trailer performing tasks associated with the harvesting of cotton.

7.       Application

 

(1)    This Notice applies to a class 1 vehicle transporting an agricultural cotton vehicle that;

 

a)      is operating under, and is compliant with, an eligible class 1 exemption; and

b)      the eligible class 1 exemption applies to the stated areas and routes set out in section 9 of this Notice.

 

(2)    A vehicle to which this section applies is an eligible vehicle.

 

8.       Exemption- Mass and dimension requirements

 

(1)    An eligible vehicle operating under this Notice is exempt from the following mass and dimension requirements under the National Regulation:

 

a)      Schedule 1 the same exemptions from mass requirements as provided by the eligible class 1 exemption relied upon by the vehicle for eligibility under in section 7 of this Notice.

b)      Schedule 6 – the same exemptions from dimension requirements as provided by the eligible class 1 exemption relied upon by the vehicle for eligibility under in section 7 of this Notice.

 

(2)    The exemptions in this section only apply to the extent of the conditional mass and dimension limits set out in the eligible class 1 exemption referenced in section 7 of this Notice.

 

9.       Conditions – Areas and routes

 

(1)    Pursuant to section 119(1)(a) of the HVNL, an eligible vehicle complying with the conditions of this Notice may access the following routes:

 

a)      the Newell Highway from north of Coonabarabran to Goondiwindi; and

b)      the Kamilaroi Highway from Narrabri to Gunnedah; and

c)       the Gwydir Highway from the Newell Highway to Warialda; and

d)      the Bruxner Highway from Boggabilla to Yetman; and

e)      the Riverina Highway from Berrigan to Finley; and

f)        the Murray Valley Highway from Deniliquin to the Newell Highway near Finlay; and

g)       the Kidman Way from Hillston to the intersection of the Newell Highway near Jerilderie; and

h)      the Mid Western Highway from Goolgowi to West Wyalong.

 

(2)    Access to the routes in 1) under this Notice is conditional on those routes also being part of a network allowed under the eligible class 1 exemption referenced in section 7 of this Notice.

 

(3)    Access to any areas or routes under this section is subject to all conditions applied to the networks in the eligible class 1 exemption referenced in section 7 of this Notice except as provided in section 10 of this Notice.

 

10.   Conditions - Stated hours of stated days (Easter de-restriction)

 

An eligible vehicle may use the routes specified in section 9 during daylight hours from sunrise Easter Saturday until sunset Easter Sunday.

Note: this section is intended to operate in conjunction with section 9 so that if an eligible vehicle already has access to a route in section 9(1) under its eligible class 1 exemption, that vehicle can operate as normal without any restrictions normally applied on Easter Saturday or Easter Sunday.

 

Peter Caprioli

Executive Director (Freight and Supply Chain Productivity)

National Heavy Vehicle Regulator

 

Overview

The New South Wales Class 1 Agricultural Cotton Vehicle Transportation Exemption Notice 2021 (No.1) was enacted to provide additional access to specified routes for class 1 load carrying vehicles transporting agricultural cotton vehicles, which already have access under an existing authority. This notice was introduced to address the need for flexibility in transportation operations during the Easter period, allowing such vehicles to operate on designated routes on Easter Saturday and Easter Sunday despite the usual restrictions that apply on those days. The notice was made under section 117 of the Heavy Vehicle National Law (HVNL), which allows the Regulator to exempt class 1 or 3 vehicles from compliance with mass or dimension requirements. The notice commenced on 1 April 2021 and will expire on 31 March 2026, replacing the 2016 exemption notice. Its primary policy objective is to facilitate the efficient movement of agricultural cotton vehicles, particularly during peak harvesting periods, while maintaining safety and compliance with the broader regulatory framework. The notice applies to class 1 vehicles transporting agricultural cotton vehicles that operate under a relevant exemption permit or dimension exemption notice and are compliant with the conditions set out in the notice. These vehicles are granted exemptions from certain mass and dimension requirements, provided they adhere to the conditional limits specified in their existing exemptions. The notice specifies the routes eligible vehicles can access and the hours during which they can operate, particularly highlighting the de-restriction on Easter Saturday and Easter Sunday. This additional flexibility is contingent upon the routes being part of the network allowed under the vehicle's existing exemption and subject to any other conditions applied to that exemption. The notice aims to ensure that eligible vehicles can operate without unnecessary restrictions, thereby supporting the agricultural sector's operational needs.

Scope and Application

The New South Wales Class 1 Agricultural Cotton Vehicle Transportation Exemption Notice 2021 (No.1) applies to Class 1 load carrying vehicles that are transporting agricultural cotton vehicles and are already operating under an existing exemption permit or a Gazette Notice. This Notice is designed to provide additional access to certain routes for these vehicles, specifically permitting their operation on Easter Saturday and Easter Sunday, despite the usual restrictions that apply on these days. The Notice allows eligible vehicles to operate on specified routes during daylight hours on Easter Saturday and Sunday, provided they are already compliant with an eligible class 1 exemption that includes the specified routes. The exemption from mass and dimension requirements applies only to the extent of the conditional limits set out in the eligible class 1 exemption and is intended to operate in conjunction with existing exemptions to allow normal operations without restrictions on Easter Saturday and Sunday. This Notice is in effect from 1 April 2021 and will expire on 31 March 2026.

Key Provisions

The New South Wales Class 1 Agricultural Cotton Vehicle Transportation Exemption Notice 2021 (No.1) (the "Notice") provides additional access to certain routes for class 1 load carrying vehicles transporting agricultural cotton vehicles that already have access under an existing exemption permit or Gazette Notice. The Notice aims to allow these vehicles to operate on specified routes on Easter Saturday and Easter Sunday, despite restrictions that would normally apply on those days. This Notice is made under section 117 of the Heavy Vehicle National Law (HVNL), which grants the Regulator's power to exempt class 1 or 3 vehicles from compliance with a mass or dimension requirement. The Notice applies to class 1 vehicles transporting an agricultural cotton vehicle that are operating under, and are compliant with, an eligible class 1 exemption and where the exemption applies to the stated areas and routes set out in section 9 of this Notice. Eligible vehicles are exempt from mass and dimension requirements under the National Regulation, to the extent of the conditional mass and dimension limits set out in the eligible class 1 exemption. The Notice permits access to specified routes, subject to conditions applied to the networks in the eligible class 1 exemption. The Notice also allows eligible vehicles to use the specified routes during daylight hours from sunrise Easter Saturday until sunset Easter Sunday. The Notice imposes obligations on eligible vehicles to comply with the conditions of the Notice and to operate in accordance with the mass and dimension requirements set out in the eligible class 1 exemption. The Notice also imposes obligations on the Regulator to monitor compliance with the Notice and to take appropriate action in the event of non-compliance. There are no offences, penalties, or civil or criminal consequences for breach of the Notice. However, the Regulator may take appropriate action in the event of non-compliance, including the imposition of a fine, cancellation of the exemption permit, or prosecution for an offence under the HVNL. The maximum penalty for an offence under the HVNL is a fine of up to $22,200 for an individual and up to $111,000 for a body corporate.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.