HEAVY VEHICLE NATIONAL LAW

New South Wales Class 1 Agricultural Cotton Vehicle Transportation Exemption Notice 2021 (No.1)

1.       Purpose

This Notice grants additional access to stated routes for class 1 load carrying vehicles transporting agricultural cotton vehicles that already have access under an existing authority (exemption permit or Gazette Notice). The additional access allows operation on specified routes on Easter Saturday and Easter Sunday, despite restrictions that would normally apply on those days.

Note:             This notice replaces the New South Wales Class 1 Agricultural Cotton Vehicle Exemption for Permitted Heavy Vehicles (Notice) 2016.

2.       Authorising provision

(1)    This Notice is made under the following provision of the Heavy Vehicle National Law (HVNL):

a)      Section 117 - Regulator’s power to exempt class 1 or 3 vehicles from compliance with a mass or dimension requirement

3.       Commencement

This Notice commences on 1 April 2021.

4.       Expiry

This Notice expires on 31 March 2026.

5.       Title

This Notice may be cited as the New South Wales Class 1 Agricultural Cotton Vehicle Transportation Exemption Notice 2021.

6.       Definitions

(1)    Unless stated, words and expressions used in this Notice have the same meaning as those in the HVNL.

(2)    In this Notice:-

Easter Saturday and Easter Sunday means the dates as published in the NSW Government Gazette.

Eligible class 1 exemption means:

a)      the Multi-State Class 1 Load Carrying Vehicle Dimension Exemption Notice 2020; or

b)      a current class 1 exemption permit issued by the Regulator to the eligible vehicle.

Stated areas or routes means the stated areas or routes set out in section 9.

Stated hours of stated days means the stated hours of stated days set out in section 10.

Agricultural cotton vehicle means an Agricultural Vehicle or Agricultural Trailer performing tasks associated with the harvesting of cotton.

7.       Application

(1)    This Notice applies to a class 1 vehicle transporting an agricultural cotton vehicle that;

a)      is operating under, and is compliant with, an eligible class 1 exemption; and

b)      the eligible class 1 exemption applies to the stated areas and routes set out in section 9 of this Notice.

(2)    A vehicle to which this section applies is an eligible vehicle.

8.       Exemption- Mass and dimension requirements

(1)    An eligible vehicle operating under this Notice is exempt from the following mass and dimension requirements under the National Regulation:

a)      Schedule 1 – the same exemptions from mass requirements as provided by the eligible class 1 exemption relied upon by the vehicle for eligibility under in section 7 of this Notice.

b)      Schedule 6 – the same exemptions from dimension requirements as provided by the eligible class 1 exemption relied upon by the vehicle for eligibility under in section 7 of this Notice.

(2)    The exemptions in this section only apply to the extent of the conditional mass and dimension limits set out in the eligible class 1 exemption referenced in section 7 of this Notice.

9.       Conditions – Areas and routes

(1)    Pursuant to section 119(1)(a) of the HVNL, an eligible vehicle complying with the conditions of this Notice may access the following routes:

a)      the Newell Highway from north of Coonabarabran to Goondiwindi; and

b)      the Kamilaroi Highway from Narrabri to Gunnedah; and

c)       the Gwydir Highway from the Newell Highway to Warialda; and

d)      the Bruxner Highway from Boggabilla to Yetman; and

e)      the Riverina Highway from Berrigan to Finley; and

f)       the Murray Valley Highway from Deniliquin to the Newell Highway near Finlay; and

g)      the Kidman Way from Hillston to the intersection of the Newell Highway near Jerilderie; and

h)      the Mid Western Highway from Goolgowi to West Wyalong.

(2)    Access to the routes in 1) under this Notice is conditional on those routes also being part of a network allowed under the eligible class 1 exemption referenced in section 7 of this Notice.

(3)    Access to any areas or routes under this section is subject to all conditions applied to the networks in the eligible class 1 exemption referenced in section 7 of this Notice except as provided in section 10 of this Notice.

10.   Conditions - Stated hours of stated days (Easter de-restriction)

An eligible vehicle may use the routes specified in section 9 during daylight hours from sunrise Easter Saturday until sunset Easter Sunday.

Note:             this section is intended to operate in conjunction with section 9 so that if an eligible vehicle already has access to a route in section 9(1) under its eligible class 1 exemption, that vehicle can operate as normal without any restrictions normally applied on Easter Saturday or Easter Sunday.

Peter Caprioli

Executive Director (Freight and Supply Chain Productivity)

National Heavy Vehicle Regulator