New South Wales Consolidated Regulations

HEAVY VEHICLE (MASS, DIMENSION AND LOADING) NATIONAL REGULATION (NSW) - REG 18

18 Amendment or cancellation of HML declaration on request by relevant road manager

(1) This section applies if a relevant road manager for an HML declaration is satisfied the use of HML heavy vehicles under the higher mass limits in an area or on a route to which the declaration applies (and in or on which a road for which the relevant road manager is a road manager is situated)--

(a) has caused, or is likely to cause, damage to road infrastructure; or

(b) has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in the approved guidelines; or

(c) has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.

(2) The road manager may ask the Regulator to--

(a) amend the declaration to--

(i) change the area or route to which it applies; or

(ii) amend the intelligent access conditions applying to HML heavy vehicles used under the higher mass limits in an area or on a route to which the declaration applies; or

(b) cancel the declaration.

(3) The Regulator must comply with the request.

(4) However, if consent to the grant of the declaration was given by a road authority under section 163 of the Law as applied under section 14--

(a) the Regulator may refer the request to the road authority; and

(b) if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and

(c) if the road authority does not give written approval of the road manager's request within 28 days after the referral is made, the Regulator--

(i) must not comply with the request; and

(ii) must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.

(5) The Regulator must publish a public notice of the amendment or cancellation.

(6) The amendment or cancellation takes effect--

(a) 28 days after the Commonwealth Gazette notice is published under subsection (5); or

(b) if a later time is stated in the Commonwealth Gazette notice, at the later time.