New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1) Amendment Notice (No. 2)
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 10 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. 2).
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, Raymond Hassall, 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 9 October 2014
Raymond Hassall
General Manager, Regulatory and Legal Services
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.
|
Liverpool Plains Shire Council | Nil | All of the Local Government Area | Nil |
Murray Shire Council | 1 October 2014 - 31 May 2015 and 1 October 2015 - 31 May 2016 | All of the Local Government Area | Nil |
Palerang Shire Council | Nil | All of the Local Government Area | Nil |
Temora Shire Council | 1 October 2014 – 1 March 2015 and 1 October 2015 – 1 March 2016 | All of the Local Government Area | Nil |
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. 2) was enacted in 2014 to provide specific exemptions from the mass requirements outlined in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation for heavy vehicles involved in grain harvesting in New South Wales. Authorised under sections 119 and 23 of Schedule 1 of the Heavy Vehicle National Law (HVNL), this notice was issued by Raymond Hassall, a delegate of the National Heavy Vehicle Regulator, and commenced on 10 October 2014, expiring on 30 June 2016. The primary policy objective of this notice is to facilitate the efficient movement of heavy vehicles during the grain harvest season, thereby supporting the agricultural industry in New South Wales while maintaining road safety and infrastructure integrity.
Scope and Application
The New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1) Amendment Notice (No. 2) aims to exempt certain heavy vehicles from specified mass requirements outlined in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This exemption applies to vehicles used in the grain harvest management scheme within the Local Government Areas of participating councils in New South Wales. The exemption is limited to the conditions specified in Table 1 of the notice, which includes provisions for road conditions, speed limits, and exclusions for certain areas and routes within the participating councils. The notice is made under section 119 and section 23 of Schedule 1 of the Heavy Vehicle National Law, and it commences on 10 October 2014, expiring on 30 June 2016. The exemption does not apply to areas and routes excluded as per Table 1 in Schedule 1 of the notice, and any further application or restrictions are subject to subordinate instruments as may be provided under the authorising provisions.
Key Provisions
This notice, the New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1) Amendment Notice (No. 2), exempts certain heavy vehicles from specific mass requirements set out in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. The primary operative sections of this notice are sections 2, 3, 4, and 5, which detail the authorising provision, commencement, expiry, and title of the notice respectively. Section 6 outlines the amendment made to Schedule 1 of the initial notice, replacing Table 1 with a new table that lists participating councils, conditions of access, and excluded areas and routes. The new table in Schedule 1 provides a detailed framework for the mass exemption, specifying conditions for different local government areas.
The obligations imposed by this notice on the parties it governs are primarily concerned with compliance with the conditions specified in the amended Schedule 1. Heavy vehicles exempted under this notice must adhere to the conditions of access and excluded areas/routes as outlined in Table 1. For instance, vehicles must avoid certain roads and routes, such as the Island Creek bridge on SR88 Fairholme Road, and comply with speed limits and other restrictions as specified. Compliance also requires that the vehicles operate within the timeframes and conditions outlined for specific councils, such as the Murray Shire Council and Temora Shire Council, which have specified operational periods between October 1 and May 31 each year.
Failure to comply with the conditions set forth in this notice may result in civil or criminal consequences. The notice does not explicitly state the penalties for non-compliance, but under the Heavy Vehicle National Law (HVNL), breaches of regulations can lead to significant penalties. For example, operating a heavy vehicle in contravention of the prescribed mass requirements can result in fines and potential prosecution. The severity of the penalties may depend on the nature and extent of the breach, with maximum penalties often outlined in the Heavy Vehicle National Regulation. It is imperative that operators of heavy vehicles ensure strict adherence to the conditions to avoid any legal repercussions.