Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2021 (No.1)

Overview

The Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2021 (No. 1) was enacted to streamline the transport of sugar cane to specific sugar mills participating in the Registered Queensland Sugar Mill Mass Concession Scheme. This Notice, made under Section 117 of the Heavy Vehicle National Law, allows eligible vehicles to operate under certain mass exemptions while adhering to specified conditions. It replaced the 2019 Notice with minor amendments, including updates to the details in Schedule 1 and a reference to the Registered Queensland Sugar Mill Mass Concession Scheme Participation Guide. This exemption aims to facilitate efficient transport operations while ensuring compliance with the mass and dimension requirements outlined in the Heavy Vehicle (Mass Dimension and Loading) National Regulation. The Notice applies to eligible vehicles in Queensland and operates until 30 June 2024, subject to the conditions specified for maximum permissible mass and general compliance.

Scope and Application

The Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2021 (No.1) applies to eligible vehicles in Queensland that are enrolled in a Registered Queensland Sugar Mill Mass Concession Scheme. The Notice was made under section 117 of the Heavy Vehicle National Law, which grants the Regulator’s power to exempt a category of class 3 heavy vehicles from compliance with mass or dimension requirements. This Notice exempts eligible vehicles from specified general mass limits as detailed in Schedule 1 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation. The exemption is applicable to the areas and routes set out in a relevant Registered Sugar Mill Queensland Mass Concession Scheme, and vehicles must not exceed the prescribed mass limits as outlined in the Notice. The Notice also imposes certain conditions, such as compliance with the provisions of the Registered Queensland Sugar Mill Mass Concession Scheme and the Registered Queensland Sugar Mill Mass Concession Scheme Participation Guide. Additionally, a copy of this Notice must be carried at all times when operating under its conditions. This Notice commenced on 5 July 2021 and expires on 30 June 2024.

Key Provisions

The primary sections of the Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2021 (No.1) (the Notice) include the application of the exemption to eligible vehicles (section 7), the areas and routes covered by the exemption (section 8), and the specific mass limits from which eligible vehicles are exempted (section 9). The Notice provides conditions on the maximum permissible mass for vehicles operating under the exemption (section 10), and sets out general conditions for vehicles operating under this exemption (section 11). Eligible vehicles must not exceed certain mass limits, including not exceeding 7.5% over the prescribed mass limits, 10% over regulation axle mass limits, and adhering to the manufacturer’s ratings (section 10). Additionally, vehicles must comply with the Registered Queensland Sugar Mill Mass Concession Scheme and the Registered Queensland Sugar Mill Mass Concession Scheme Participation Guide, and a copy of the Notice must be carried at all times (section 11). The Notice imposes several obligations on parties and entities it governs. Eligible vehicles must be enrolled in a Registered Queensland Sugar Mill Mass Concession Scheme and comply with the terms and conditions of that scheme as well as the Registered Queensland Sugar Mill Mass Concession Scheme Participation Guide (section 11(a) and (b)). Additionally, vehicles must adhere to the maximum permissible mass conditions specified in the Notice (section 10), and a copy of the Notice must be carried at all times while operating under its conditions (section 11(c)). Breach of the provisions of the Notice can lead to various civil and criminal consequences. Although specific offences and penalties are not detailed in the Notice, general provisions under the Heavy Vehicle National Law may apply. Non-compliance with the requirements could result in fines, penalties, or legal action under the law. It is essential for parties to adhere to the Notice to avoid potential repercussions, including legal penalties for non-compliance with the specified mass limits and conditions.