Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2024 (No.1)

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Legislation au C2024G00383 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

Queensland Class 3 Heavy Vehicle Sugar Mass Management Scheme Exemption Notice 2024 (No.1)

  1. Purpose

 

The purpose of this notice is to allow for an efficient transport of sugar cane to particular sugar mills operating under a Queensland Sugar Mass Management Scheme. 

 

2.       Title

 

This notice may be cited as the Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2024 (No.1).

 

3.       Commencement

 

This notice commences on 1 July 2024.

 

4.       Expiry

 

This notice expires on 30 May 2029.

 

5.       Authorising provision

 

1)      This notice is made under the following provision of the Heavy Vehicle National Law (HVNL):

 

a)      Section 117 - Regulator’s power to exempt category of class 3 heavy vehicles from compliance with mass or dimension requirement.

 

6.       Definitions

 

1)      Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL and its regulations.

 

2)      In this notice:

Eligible vehicle means a vehicle that is enrolled in a Queensland Sugar Mass Management Scheme.

 

Queensland Sugar Mass Management Scheme means a scheme registered with the Queensland Department of Transport and Main Roads and listed in Schedule 1 of this notice.

 

Queensland Sugar Mass Management Scheme Participation Guide means the document of that name published and maintained by the Queensland Department of Transport and Main Roads, as amended from time to time.

7.       Application

 

This notice applies to eligible vehicles in Queensland.

 

8.       Exemption from Prescribed Mass Requirements

 

1)      This notice exempts an eligible vehicle from the following general mass limits specified in Schedule 1 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation (MDL Regulation):

 

a)      Section 2(1)(a)(iv) and (vi); and

b)      Section 2(1)(b); and

c)       Section 4; and

d)      Section 5(1), (2) and (3).

 

9.       Conditions-Maximum Permissible Mass

 

1)      Vehicles operating under this notice must not exceed:

 

a)      7.5% over prescribed mass limits; and

b)      10% over prescribed axle mass limits; and

c)       Notwithstanding subsections a) and b) above, an eligible vehicle must not exceed manufacturer mass limits as defined in section 8(8) of the MDL Regulation.

 

10.   General Conditions

 

1)      A vehicle operating under this notice must:

 

a)      Be an eligible vehicle; and

b)      Comply with the provisions of the Queensland Sugar Mass Management Scheme in which it is enrolled and under which it is operating; and

c)       Comply with the provisions of the Queensland Sugar Mass Management Scheme Participation Guide.

 


11.   Conditions – Stated areas or routes

 

1)      For the purposes of section 119(1)(a) of the HVNL, this notice applies to the areas or routes set out in a relevant Queensland Sugar Mass Management Scheme.

 

2)      An eligible vehicle operating on an area or route specified in this section must comply with any of the conditions specified for those routes or areas in accordance with:

 

a)      Road conditions pursuant to section 160 of the HVNL; and

b)      Travel conditions pursuant to section 161 of the HVNL; and

c)       Vehicle conditions pursuant to section 162 of the HVNL.

 

 

 

Peter Austin

Director Policy Implementation

National Heavy Vehicle Regulator


Schedule 1: Queensland Sugar Mass Management Schemes

Queensland Sugar Mass Management Scheme

Rocky Point Sugar Mass Management Scheme

Bundaberg Sugar Mass Management Scheme

Isis Sugar Mass Management Scheme

Tablelands Sugar Mass Management Scheme

 

Overview

The Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2024 (No.1) was enacted to streamline the transport of sugar cane to specific sugar mills operating under the Queensland Sugar Mass Management Scheme. This notice, made under Section 117 of the Heavy Vehicle National Law (HVNL), aims to facilitate the efficient movement of heavy vehicles that are enrolled in approved mass management schemes by exempting them from certain prescribed mass requirements. This measure addresses the logistical challenges faced by the sugar industry in Queensland, ensuring that the transport of sugar cane to mills is conducted within safe and regulated parameters, while also allowing for flexibility in vehicle mass limits. The exemption is effective from 1 July 2024 and will expire on 30 May 2029, providing a temporary legislative solution to the operational needs of the sugar industry.

Scope and Application

The Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2024 (No.1) applies to eligible vehicles operating within the state of Queensland. These eligible vehicles must be enrolled in a Queensland Sugar Mass Management Scheme, as defined and registered with the Queensland Department of Transport and Main Roads. The notice exempts these vehicles from certain mass and dimension requirements as specified in the Heavy Vehicle (Mass Dimension and Loading) National Regulation, but only in the context of transporting sugar cane to specific sugar mills under the approved schemes. The exemption is applicable to the areas and routes defined within the relevant Queensland Sugar Mass Management Scheme. The notice imposes conditions on the permissible mass of vehicles, allowing them to exceed prescribed mass limits by up to 7.5% and axle mass limits by up to 10%, provided they do not surpass the manufacturer's mass limits. Additionally, vehicles must adhere to the specific conditions outlined in the Queensland Sugar Mass Management Scheme Participation Guide and comply with road, travel, and vehicle conditions as stipulated in the Heavy Vehicle National Law. The notice is made under the authority of Section 117 of the Heavy Vehicle National Law and will commence on 1 July 2024, expiring on 30 May 2029.

Key Provisions

The main operative sections of this notice (section 8) exempt eligible vehicles from certain mass limits, while section 9 outlines the conditions under which these vehicles can operate. Eligible vehicles, as defined in section 6, are those enrolled in a Queensland Sugar Mass Management Scheme, which must be registered with the Queensland Department of Transport and Main Roads and listed in Schedule 1 of this notice. Vehicles must adhere to the Queensland Sugar Mass Management Scheme Participation Guide as per section 10(c). The exemption applies to specific areas or routes detailed in the relevant schemes in Schedule 1, and these vehicles must comply with road, travel, and vehicle conditions as per sections 11(2)(a), (b), and (c). The obligations imposed on the parties by this notice are multi-faceted. Eligible vehicles must be enrolled in a Queensland Sugar Mass Management Scheme and must adhere to the provisions of the scheme and the Queensland Sugar Mass Management Scheme Participation Guide. Furthermore, these vehicles must not exceed the prescribed mass limits outlined in section 9 and must comply with the conditions of the specific areas or routes as per section 11. This ensures that the vehicles not only meet the eligibility criteria but also operate within the safety and regulatory frameworks set out by the scheme and the notice. Breaches of the conditions set out in this notice can lead to civil or criminal consequences. The specific offences and penalties are not detailed in the notice; however, given the notice is made under the Heavy Vehicle National Law, it is likely that penalties would align with those set out in the HVNL or its regulations. This may include fines, vehicle impoundment, or legal action against the vehicle operator or owner. The maximum penalties would depend on the severity of the breach and the specific provisions of the HVNL and related regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.