Heavy Vehicle National Law - South Australia Class 1 Opal Mining Vehicle Dimension Exemption Notice 2019 (No.1)

Overview

The South Australia Class 1 Opal Mining Vehicle Dimension Exemption Notice 2019 (No. 1) was enacted to address the unique requirements of opal mining vehicles that exceed standard height and width regulations. The Notice was introduced by the National Heavy Vehicle Regulator under sections 61 and 117 of the Heavy Vehicle National Law and section 69 of the Heavy Vehicle (General) National Regulation. It aims to provide road network access for eligible vehicles used in opal mining operations while imposing specific conditions to ensure safety and compliance. The Notice exempts these vehicles from certain dimension and vehicle standards requirements, provided they adhere to specified operational conditions and areas of use. This legal framework ensures that opal mining activities can proceed without undue restriction while maintaining necessary safety standards.

Scope and Application

The South Australia Class 1 Opal Mining Vehicle Dimension Exemption Notice 2019 (No.1) provides a regulatory framework for vehicles commonly used in opal mining that exceed standard dimensions, such as blowers, noodling machines, elevators, and prospecting drills. This Notice applies specifically to eligible vehicles, defined as heavy vehicles exceeding 4.3m in height and 2.5m in width used solely for opal mining purposes, operating within South Australia. The Notice exempts these vehicles from certain dimension requirements outlined in Schedule 6 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation, including width and height restrictions, subject to specific conditions. For example, while vehicles may exceed the standard height and width, they must not exceed 4m in width and must adhere to specified route and area restrictions, particularly in Coober Pedy. Additionally, operators must consult with utility management entities if their vehicles exceed the specified dimensions. Travel is permitted only in daylight, on dry roads, and within designated areas: within a 150 km radius of Coober Pedy, a 30 km radius of Andamooka, and a 150 km radius of Marla. The Notice also exempts eligible vehicles from certain vehicle standards requirements in Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation, such as compliance with Australian Design Rules, general safety requirements, and control of emissions. The Notice is made under the Heavy Vehicle National Law and the Heavy Vehicle (General) National Regulation, and it expires on 31 December 2023.

Key Provisions

The South Australia Class 1 Opal Mining Vehicle Dimension Exemption Notice 2019 (No.1) outlines the requirements for heavy vehicles used in opal mining that exceed standard dimensions. According to section 8, eligible vehicles are exempt from the width and height dimension requirements set out in Schedule 6 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation (sections 8 and 9). However, these vehicles must not exceed 4m in width, as stipulated in section 9. Additionally, vehicles higher than 4.3m or wider than 2.5m must adhere to the specific route, area, and structure restrictions published on the DPTI website and may need to obtain consent from utility managers in affected areas, as detailed in section 10. Under section 11, eligible vehicles are subject to several conditions. Travel is only permitted in daylight, and not during low visibility conditions. Furthermore, vehicles must only operate in dry conditions when the road surface is not wet and holding pooled surface water. These conditions replace the general restrictions about night travel in Schedule 8 of the MDL Regulation. Section 12 further restricts the areas in which eligible vehicles can operate, permitting travel only on roads within a 150 km radius of Coober Pedy, a 30 km radius of Andamooka, and a 150 km radius of Marla. Section 13 details the exemptions from vehicle standards requirements in Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation (VS Regulation). Eligible vehicles operating under this notice are exempt from compliance with Australian Design Rules, general safety requirements, lights and reflectors, and control of emissions. These exemptions apply to sections relating to turning ability, protrusions, mudguards, automatic transmission, windscreen wipers and washers, and all sections in parts 6, 8, and 10 of the VS Regulation. Breaches of the provisions in this Notice could result in various civil or criminal consequences, including fines and potential imprisonment. However, the specific offences, penalties, or consequences for breach are not detailed in the Notice itself. It is important to note that any breach of the conditions or exemptions could result in the revocation of the exemption or other enforcement actions, as per the authorising provisions in sections 61 and 117 of the Heavy Vehicle National Law and section 69 of the Heavy Vehicle (General) National Regulation.