New South Wales Consolidated Regulations

HEAVY VEHICLE (MASS, DIMENSION AND LOADING) NATIONAL REGULATION (NSW) - REG 30

30 Amendment or cancellation of HML permit on Regulator's initiative

(1) Each of the following is a ground for amending or cancelling an HML permit--

(a) the permit was granted because of a document or representation that was--

(i) false or misleading; or

(ii) obtained or made in an improper way;

(b) the holder of the permit has contravened a condition of the permit;

(c) the use of HML heavy vehicles under the higher mass limits in an area or on a route the subject of the permit 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 an HML permit (the
"proposed action" ), the Regulator must give the holder of the permit a notice--

(a) stating the proposed action; and

(b) stating the ground for the proposed action; and

(c) outlining the facts and circumstances forming the basis for the ground; and

(d) if the proposed action is to amend the permit (including a condition of the permit)--stating the proposed amendment; and

(e) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.

(3) If, after considering all written representations made under subsection (2)(e), 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 permit--amend the permit in a way that is not substantially different from the proposed action, including, for example, by--

(i) amending the areas or routes to which the permit applies; or

(ii) imposing additional conditions on the permit; or

(b) if the proposed action was to cancel the HML permit--

(i) amend the permit, including, for example, as mentioned in paragraph (a)(i) or (ii); or

(ii) cancel the permit.

(4) The Regulator must give the holder an information notice about the decision.

(5) The amendment or cancellation takes effect--

(a) when the information notice is given to the holder; or

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