New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1) Amendment Notice (No. 4)
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. 4).
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 16 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 |
Conargo Shire Council | 1 October 2014 - 30 April 2015 | All of the local Government Area | Nil |
Cootamundra Shire 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.
|
Lake Macquarie City Council | Nil | All of the Local Government Area | Nil |
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 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 |
Parkes 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 |
Urana Shire Council | 1 October 2014 – 30 April 2015 | 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. 4) was enacted in 2014 by the New South Wales Government, represented by the delegate of the National Heavy Vehicle Regulator, Raymond Hassall. The notice aims to address the need to balance the requirements of heavy vehicle mass regulations with the operational needs of the grain harvest industry in New South Wales, ensuring that grain can be transported efficiently without undue restriction. The notice was made under sections 119 and 23 of Schedule 1 of the Heavy Vehicle National Law, reflecting the policy objective of facilitating smoother and more efficient grain transportation during the harvest season while maintaining safety standards. The notice exempts specific heavy vehicles from certain prescribed mass requirements, allowing for temporary deviations during the grain harvest period. This legislative instrument came into effect on the date of its publication in the Commonwealth Gazette and is set to expire on 30 June 2016.
Scope and Application
The New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1) Amendment Notice (No. 4) provides an exemption from specific mass requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation for heavy vehicles involved in the grain harvest management scheme within New South Wales. This notice applies to heavy vehicles used by participants in the Class 3 grain harvest management scheme, with exemptions contingent on the terms and conditions outlined for each participating council. The geographic reach of this exemption is limited to various local government areas within New South Wales, each with its own set of conditions and exclusions as specified in the schedule of the notice. The notice comes into effect from the date of its publication in the Commonwealth Gazette and will expire on 30 June 2016, unless further extended. The exemptions apply to vehicles operating within the specified local government areas, with certain routes and conditions for access detailed in the schedule.
Key Provisions
The New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1) Amendment Notice (No. 4) primarily serves to exempt certain heavy vehicles from the prescribed mass requirements outlined in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (sections 2 and 6). This exemption applies to vehicles operating within specified local government areas under certain conditions, as detailed in Table 1 of Schedule 1. This amendment notice replaces Table 1 of the original exemption notice, which listed participating councils and their conditions of access and included or excluded areas and routes (section 6).
The obligations imposed by this notice on the entities it governs include adherence to the conditions specified for each participating council. For instance, vehicles in the Lachlan Shire Council area must not travel if the road is covered in water, closed, or if there are other temporary restrictions due to weather conditions (Schedule 1, Table 1). Additionally, they must limit their speed to 80 km/h on all unsealed roads and on sealed roads where the seal is narrow enough to necessitate using the unsealed shoulder to pass another vehicle (Schedule 1, Table 1). Furthermore, vehicles are prohibited from stopping or parking in urban streets within ten metres of a driveway for more than 15 minutes, loading or unloading cargo in urban streets, and reversing into or out of a road or depot (Schedule 1, Table 1).
Breach of the conditions outlined in this notice can result in civil or criminal consequences. The specific penalties for violating the Heavy Vehicle (Mass, Dimension and Loading) National Regulation are not detailed in this notice but can include fines and potential vehicle impoundment under the Heavy Vehicle National Law (HVNL). The maximum penalties for breaches of the HVNL can be substantial, depending on the severity and circumstances of the breach. It is crucial for operators and owners of heavy vehicles to be fully aware of and comply with the conditions specified in this notice to avoid any legal repercussions.