Heavy Vehicle (General) National Regulation

The Regulator may—

under Division 2 of Part 4.5 of the Law—

replace a previous exemption with a mass or dimension exemption (notice); or

replace more than 1 previous exemption with a single consolidated mass or dimension exemption (notice); or

under Division 3 of Part 4.6 of the Law—

replace a previous authorisation with a class 2 heavy vehicle authorisation (notice); or

replace more than 1 previous authorisation with a single consolidated class 2 heavy vehicle authorisation (notice); or

under Division 3 of Part 2 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation—

replace a previous declaration with an HML declaration; or

replace more than 1 previous declaration with a single consolidated HML declaration.

The relevant consent provisions do not apply if—

the replacement instrument applies to the areas and routes to which the relevant previous instrument or instruments applied; and

in relation to those areas and routes, the replacement instrument is subject to—

the previous conditions; or

those conditions as amended in relation to any area or route with the consent of the road manager for the area or route.

Under subsection (1), a previous instrument may be replaced entirely or partly.

However, if a previous instrument is only partly replaced—

the remainder is not affected; and

section 750 of the Law applies.

Subsections (6) to (8) apply in relation to a replacement instrument if, to the extent the conditions that apply to it are the previous conditions, those previous conditions included the following or the equivalent of the following—

a road condition;

a travel condition;

a vehicle condition applying to every previous instrument of the same type (a common vehicle condition).

The road condition is taken to be a road condition imposed under section 160 of the Law because it is a condition on which the relevant road manager consented to the grant of the replacement instrument.

The travel condition is taken to be a travel condition imposed under section 161 of the Law because it is a condition on which the relevant road manager consented to the grant of the replacement instrument.

The common vehicle condition is taken to be a vehicle condition imposed under section 162 of the Law at the request of the relevant road manager.