New South Wales Consolidated Regulations

HEAVY VEHICLE (MASS, DIMENSION AND LOADING) NATIONAL REGULATION (NSW) - REG 31

31 Amendment or cancellation of HML permit on request by relevant road manager

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

(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 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 HML permit, including, for example, by--

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

(ii) imposing or amending road conditions on the permit; or

(b) cancel the permit.

(3) The Regulator must comply with the request.

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

(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) If the permit is amended or cancelled under this section, the Regulator must give the holder of the HML permit notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect.

(6) The notice given to the holder must state--

(a) the day the amendment or cancellation is to take effect; and

(b) the reasons given by the relevant road manager for the amendment or cancellation; and

(c) the review and appeal information for the road manager's decision.