Queensland Numbered Acts

HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 156

(1) If the Regulator asks a road manager for a road for the road manager's consent to the grant of a mass or dimension authority, the road manager must decide to give or not to give the consent—

(a) within—

(i) 28 days after the request is made, unless subparagraph (ii) applies; or

(ii) if this section applies because the road manager gave the Regulator a notice of objection to the grant under section 167†”14 days after giving the notice of objection; or

(b) within a longer period, of not more than 6 months after the request is made, agreed to by the Regulator.

Note—

See, however, sections 159, 167 and 168.

(2) The road manager may ask for, and the Regulator may agree to, a longer period under subsection (1)(b) only if—

(a) consultation is required under a law with another entity (including, for example, for the purpose of obtaining that entity's approval to give the consent); or

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

(c) the road manager is the road authority for the participating jurisdiction and considers that a local government authority that is not required under a law to be consulted should nevertheless be consulted before deciding whether to give or not to give the consent.

(3) The road manager may decide not to give the consent only if the road manager is satisfied—

(a) the mass or dimension authority will, or is likely to—

(i) cause damage to road infrastructure; or

(ii) impose adverse effects on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or

(iii) pose significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; and

(b) it is not possible to grant the authority subject to road conditions or travel conditions that will avoid, or significantly minimise—

(i) the damage or likely damage; or

(ii) the adverse effects or likely adverse effects; or

(iii) the significant risks or likely significant risks.

(4) Also, in deciding whether or not to give the consent, the road manager must have regard to—

(a) for a mass or dimension exemption—the approved guidelines for granting mass or dimension exemptions; or

(b) for a class 2 heavy vehicle authorisation—the approved guidelines for granting class 2 heavy vehicle authorisations.

(5) If the Regulator agrees to a longer period under subsection (1)(b), the Regulator must give the applicant for the mass or dimension authority concerned a written statement of the decision—

(a) identifying the road manager concerned; and

(b) indicating the ground on which the road manager asked for a longer period.

(6) If a relevant road manager for a mass or dimension authority decides not to give consent to the grant of the authority, the relevant road manager must give the Regulator a written statement that explains the road manager's decision and complies with section 172.