Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - SECT 159

159 Deciding request for consent if route assessment required

(1) This section applies if—

(a) a person (the
"applicant" ) applies for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit); and

(b) the Regulator asks a road manager for a road for the road manager’s consent to the grant of the exemption or authorisation; and

(c) the road manager considers a route assessment is necessary for deciding whether to give or not to give the consent.

(2) The road manager may notify the Regulator of the following—

(a) that a route assessment is required for the road manager deciding whether to give or not to give the consent;

(b) the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated.

(3) The Regulator must notify the applicant of the following—

(a) that a route assessment is required for the road manager deciding whether to give or not to give the consent;

(b) the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated;

(c) if a fee is payable for the route assessment under a law of the jurisdiction in which the road is situated, that the road manager may stop considering whether to give or not to give the consent until the fee is paid;

(d) if, under section 156 (1) (b) , the Regulator agrees to a longer period for the road manager deciding whether to give or not to give the consent, the longer period agreed by the Regulator.

(4) If a fee is payable for the route assessment under a law of the jurisdiction in which the road is situated—

(a) the road manager may stop considering whether to give or not to give the consent until the fee is paid; and

(b) the period between the day the applicant is given the notification under subsection (3) and the day the fee is paid must not be counted in working out the period taken by the road manager to decide whether to give or not to give the consent.

(5) If the applicant does not pay the fee for the route assessment within 28 days after the notification is given to the applicant under subsection (3) , or a longer period agreed to by the Regulator, the application lapses.