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HEAVY VEHICLE (MASS, DIMENSION AND LOADING) NATIONAL REGULATION - REG 17
Amendment or cancellation of HML declaration on Regulator’s initiative
17 Amendment or cancellation of HML declaration on Regulator’s initiative
(1) It is a ground for amending or cancelling a HML declaration if the
Regulator is satisfied the use of HML heavy vehicles under the higher mass
limits in an area or on a route to which an HML declaration applies has
caused, or is likely to cause, a significant risk to public safety.
(2) If
the Regulator considers a ground exists to amend or cancel the HML
declaration, the Regulator may amend or cancel the HML declaration by
complying with subsections (3) to (5) .
(3) The Regulator must publish a
public notice— (a) stating the Regulator believes a ground exists to amend
or cancel the HML declaration; and
(b) outlining the facts and circumstances
forming the basis for the belief; and
(c) stating the action the Regulator is
proposing to take under this section (the
"proposed action" ); and
(d) inviting persons who will be affected by the
proposed action to make, within a stated time of at least 14 days after the
Commonwealth Gazette notice is published, written representations about why
the proposed action should not be taken.
(4) If, after considering all
written representations made under subsection (3) (d) , the Regulator still
considers a ground exists to take the proposed action, the Regulator may—
(a) if the proposed action was to amend the HML declaration—amend the
declaration, in a way that is not substantially different from the
proposed action, to change the area or route to which it applies; or
(b) if
the proposed action was to cancel the HML declaration— (i) amend the
declaration to change the area or route to which it applies; or
(ii) cancel
the declaration.
(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.
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