New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1) Amendment Notice (No. 3)
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 the date of publication in the Commonwealth Gazette.
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. 3).
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 10 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 |
Moree Plains Shire Council | 1. Gravel and dirt roads are to be dry weather roads only 2. Maximum 80 km/h speed on all unsealed roads 3. Participation between 9 October 2014 – 31 December 2014 only | All 25/26 metre B-double and A-double road train routes, in the Local Government Area, that have been published in the Gazette. | All other areas/routes not mentioned in Column 3 |
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. 3), made under section 119 and section 23 of Schedule 1 of the Heavy Vehicle National Law (HVNL), seeks to address the specific needs of heavy vehicles involved in the grain harvest by exempting them from certain mass requirements. This notice was enacted to streamline the grain harvest process, allowing for more efficient movement of heavy vehicles within designated areas. It is an amendment to the 2014 notice, extending the exemption to cover a broader range of conditions and participating councils, and aims to facilitate smoother operations during the grain harvest period. The notice came into effect upon its publication in the Commonwealth Gazette and will remain in force until 30 June 2016. This regulatory change is intended to support the agricultural sector by reducing bureaucratic hurdles for heavy vehicles involved in the harvest, thus contributing to more efficient logistics and productivity.
Scope and Application
The New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1) Amendment Notice (No. 3) exempts specified heavy vehicles from certain mass requirements outlined in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This notice applies to heavy vehicles participating in the Class 3 Grain Harvest Management Scheme, particularly during the grain harvest season in New South Wales, and it is made under section 119 and section 23 of Schedule 1 of the Heavy Vehicle National Law. The exemption is geographically confined to specific local government areas within New South Wales, including Blayney Shire, Bogan Shire, and others, with varying conditions of access such as restrictions on road types and speed limits. The notice, which commenced on the date of its publication in the Commonwealth Gazette, will expire on 30 June 2016, unless otherwise extended or amended by subordinate instruments. This exemption is designed to facilitate the efficient movement of grain during the harvest period, subject to the conditions and exclusions detailed in the notice.
Key Provisions
The main operative sections of the New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1) Amendment Notice (No. 3) (C2014G01685) include the declaration made under section 119 and section 23 of Schedule 1 of the Heavy Vehicle National Law (HVNL). This notice effectively exempts specific heavy vehicles from certain prescribed mass requirements outlined in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This exemption applies to vehicles operating within the specified local government areas under particular conditions, as detailed in the notice.
The notice imposes specific obligations and requirements on the parties it governs, primarily focusing on heavy vehicles involved in grain harvesting activities within designated local government areas. These obligations include adhering to speed limits, road conditions, and other specified restrictions such as avoiding certain routes or areas. For instance, vehicles must travel at a maximum of 80kph on gravel and dirt roads, and there are restrictions on travelling if roads are wet or closed. Certain local government areas have additional conditions such as avoiding certain bridges and urban streets for loading and unloading activities. Compliance with these conditions is crucial for the exemption to be valid.
Breaches of the conditions specified in this notice can result in serious consequences. While the notice does not explicitly detail penalties for non-compliance, the overarching Heavy Vehicle National Law (HVNL) provides a framework for penalties that may apply. Under this law, penalties for breaches can include fines and other sanctions. For instance, operating a heavy vehicle that exceeds the prescribed mass limits can lead to significant fines. Additionally, persistent or severe breaches may result in more severe penalties, including potential criminal charges. It is important for entities and individuals governed by this notice to ensure strict compliance to avoid these potential consequences.