Western Australian Consolidated Acts

PERTH PARKING MANAGEMENT ACT 1999 - SECT 9

9 .         Issue of parking bay licences

        (1)         The CEO may issue a licence to an applicant to permit one or more vehicles to be parked on the land or in or on the building specified in the application if parking vehicles in accordance with the proposed licence would be consistent with the Perth Parking Policy.

        (2)         If the CEO believes, after taking into account the matters referred to in subsection (5), that issuing a parking bay licence is reasonable in all the circumstances, even though such a licence would not be consistent with Perth Parking Policy, the CEO may recommend to the Minister the approval of the licence.

        (3)         On receipt of a recommendation by the CEO under subsection (2), the Minister may approve a parking bay licence in accordance with the terms of that recommendation and the CEO must give effect to that approval.

        (4)         If the applicant is required to obtain any approvals under the Planning and Development Act 2005 in relation to parking, or making parking facilities available, on the land or in or on the building, the CEO must not issue the licence unless the applicant has each required approval.

        (5)         The following matters are to be taken into account for the purposes of subsection (2) —

            (a)         the impact that parking vehicles in accordance with the proposed licence would be likely to have on the following —

                  (i)         the amenity of the environment in the Perth parking management area;

                  (ii)         pedestrian traffic in the vicinity of the land or building;

                  (iii)         vehicle traffic flow and road network efficiency in the vicinity of the land or building;

            (b)         the availability of public transport in the vicinity of the land or building;

            (c)         any other relevant matters.

        (6)         If a licence issued under subsection (1) is transferable by the licensee, in accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the licence is declared not to be personal property for the purposes of that Act.

        [Section 9 amended by No. 38 of 2005 s. 15; No. 42 of 2011 s. 101.]