New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1) Amendment Notice (No. 1)
Purpose
- The purpose of this notice is to exempt a heavy vehicle to which it applies from stated prescribed mass requirements in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.
Authorising Provision
2. This notice is made under section 119, and section 23 of Schedule 1, of the Heavy Vehicle National Law (HVNL).
Commencement
3. This notice commences on 1 October 2014.
Expiry
4. This notice expires on 30 June 2016.
Title
5. This notice may be cited as the New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1) Amendment Notice (No. 1).
Amendment
6. This Notice amends Schedule 1 of the New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1) by omitting Table 1 of that schedule and replacing it with Table 1 of Schedule 1 of this notice.
Declaration
I, Melinda Bailey, delegate of the National Heavy Vehicle Regulator hereby exempt the heavy vehicles specified in this notice from the stated requirements of the Heavy Vehicle (Mass Dimension and Loading) National Regulation to the extent and on the conditions specified in this notice.
Dated 29 September 2014
Melinda Bailey
Chief Financial Officer
National Heavy Vehicle Regulator
Schedule 1
Table 1 – Participating councils, conditions of access, and excluded areas and routes
Column 1 | Column 2 | Column 3 | Column 4 |
Participating Council | Conditions of Access | Included Area(s)/ Route(s) | Excluded Area(s)/ Route(s) |
Blayney Shire Council | Nil | All of the Local Government Area | Nil |
Bogan Shire Council | Nil | All of the Local Government Area | Nil |
Carrathool Shire Council | 1. Gravel and dirt roads are to be dry weather roads only 2. Travel restricted to a maximum of 80kph | All of the Local Government Area | Nil |
Cobar Council | Nil | All of the Local Government Area | Nil |
Deniliquin Council | Nil | All B-double and road train routes, in the Local Government Area, that have been published in the Gazette. | All other areas/routes not mentioned in Column 3 |
Gwydir Shire Council | Nil | All of the Local Government Area | Nil |
Harden Shire Council | Nil | All of the Local Government Area | Nil |
Inverell Shire Council | Nil | All of the Local Government Area | Nil |
Junee Shire Council | Nil | All of the Local Government Area | Nil |
Lachlan Shire Council | 1. No travel if there is water over the road, the road is closed, or on unsealed roads if restricted to light vehicles up to 3 tonnes due to rain, or if other temporary restriction applies. 2. Maximum 80 km/h speed on all unsealed roads and on sealed roads where the seal is so narrow as to require travelling on the unsealed shoulder to pass another vehicle. 3. No stopping or parking in urban streets within ten metres of a driveway for more than 15 minutes. 4. No loading or unloading cargo in urban streets. 5. No reversing into or out of a road or depot. | All of the Local Government Area except the locations listed in Column 4 | - Island Creek bridge on SR88
- Fairholme Road;
- Bridge on SR189 Sheet of Water Road;
- Curlew Waters Estate bridge on McInnes Road;
- Bathurst Street, Condobolin between William and Denison Streets;
- Marsden Street, Condobolin between William and McDonnell Streets;
- Foster Street, Lake Cargelligo, between Lorne and Canada Streets.
|
Weddin Shire Council | Nil | All of the Local Government Area | Nil |
Overview
The New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1) Amendment Notice (No. 1), enacted under section 119 and section 23 of Schedule 1 of the Heavy Vehicle National Law (HVNL), aims to exempt certain heavy vehicles from specified mass requirements as outlined in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This notice, which came into effect on 1 October 2014 and will expire on 30 June 2016, is an amendment to the New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1), replacing the original Table 1 with new conditions for participating councils, areas, and routes. The policy objective of this notice is to facilitate the efficient movement of heavy vehicles during the grain harvest season while ensuring road safety and minimising damage to infrastructure by imposing specific conditions on vehicle operations.
Scope and Application
The New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1) Amendment Notice (No. 1) pertains to heavy vehicles involved in grain harvest activities within specified local government areas of New South Wales. This notice serves to exempt these vehicles from certain mass requirements as stipulated in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, contingent on particular conditions and exclusions. It applies to heavy vehicles operating within the jurisdictions of Blayney Shire Council, Bogan Shire Council, Carrathool Shire Council, Cobar Council, Deniliquin Council, Gwydir Shire Council, Harden Shire Council, Inverell Shire Council, Junee Shire Council, Lachlan Shire Council, and Weddin Shire Council. The exemptions are in place to facilitate smoother operations during the grain harvest season, with specific conditions and exclusions tailored to each council area, such as restrictions on road types, speed limits, and specific areas where the exemption does not apply. This notice extends its reach by amending the original exemption notice through subordinate instruments, thus allowing for adjustments and refinements as necessary.
Key Provisions
The New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1) Amendment Notice (No. 1) primarily serves to modify the conditions under which certain heavy vehicles can operate without strict adherence to the mass requirements outlined in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (section 6). Specifically, this notice updates the schedule by replacing Table 1 of the original notice with a new table that details participating councils, conditions of access, and excluded areas and routes. The changes are effective from 1 October 2014 and will remain in force until 30 June 2016.
The obligations imposed by this notice on the parties it governs primarily concern the conditions under which the exempted heavy vehicles can operate. For example, Blayney Shire Council has no specific conditions for access, meaning vehicles can operate freely within its local government area. However, for Carrathool Shire Council, the conditions include a restriction to dry weather roads only and a maximum speed limit of 80kph (Schedule 1, Table 1). Additionally, some councils have specific exclusions for certain areas and routes, such as Lachlan Shire Council which prohibits travel if there is water over the road, among other restrictions (Schedule 1, Table 1). These conditions must be adhered to by the operators of the exempted vehicles.
Failure to comply with the conditions set out in this notice can lead to various consequences. Although the notice itself does not explicitly outline specific penalties or offences for non-compliance, it is made under section 119 and section 23 of Schedule 1 of the Heavy Vehicle National Law (HVNL) (authorising provision). Under these sections of the HVNL, non-compliance with mass and dimension regulations could potentially result in fines, prosecution, or other legal actions as stipulated by the relevant legislation. The maximum penalties for such breaches are detailed in the Heavy Vehicle National Law, which can include substantial fines and other legal repercussions for violations.