Australian Capital Territory Numbered Regulations

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) REGULATIONS 2000 (2000 NO 10) - REG 92

(1)      If the road transport authority receives an application for an exemption, the authority must—

        (a)     give the exemption for the period stated in the exemption; or

        (b)     give the exemption for the period, and subject to the conditions, stated in the exemption; or

        (c)     refuse to give the exemption.

(2)      Before making a decision on the application, the road transport authority must give notice of the application to—

        (a)     if land adjoining the land to which the application relates is occupied—the occupier and, if the occupier is not the lessee, the lessee of each parcel of adjoining land that is occupied; or

        (b)     if land adjoining the land to which the application relates is unoccupied—the lessee of each parcel of adjoining land that is unoccupied.

(3)      A notice under subregulation (2) must—

        (a)     contain a description of the provisions of the code of practice from which exemption is sought; and

        (b)     invite the occupier or lessee to make submissions to the road transport authority, within 28 days after receiving the notice, why the exemption sought should not be given; and

        (c)     contain a statement to the effect that, if a submission is not received by the road transport authority within that 28 days, the authority may give the exemption.

(4)      Without limiting the ways in which a notice under paragraph (2) (a) may be given to the occupier or lessee of a parcel of land, the notice may be given by letter addressed to the occupier or lessee and sent by prepaid post to the address of the parcel.

(5)      In deciding whether to give the exemption, what period the exemption should be given for and what conditions the exemption should be subject to, the road transport authority must—

        (a)     take into account any submissions made under subsection (3); and

        (b)     have regard to whether and, if so, the extent to which, an occupier or lessee of adjoining land would be adversely affected by the decision.

(6)      For paragraph (5) (b), in deciding whether an occupier or lessee of adjoining land would be adversely affected, the road transport authority must take into account—

        (a)     the period for which, and the provisions of the code of practice from which, exemption is sought; and

        (b)     the likely safety, noise and visual consequences of giving the exemption; and

        (c)     any action taken by the applicant to reduce the safety, noise or visual impact on occupiers of adjoining land, including, for example, any landscaping, parking bays, fencing, noise barriers and garaging arrangements on land occupied by the applicant.

(7)      The road transport authority must not give the exemption if the authority believes on reasonable grounds that the applicant—

        (a)     has failed to comply with regulation 95 (Additional information by applicant); or

        (b)     made a statement which was false or misleading in a material particular in or in relation to the application.

(8)       If an exemption is given subject to conditions, the exemption applies only if all the conditions of the exemption are being complied with.