Western Australia Perth Parking Management Act 1999 Perth Parking Management Regulations 1999 | | |Reprinted under | | | |the Reprints Act | | | |1984 as | | | |at 6 January 2012 | Western Australia Perth Parking Management Regulations 1999 CONTENTS 1. Citation 1 2. Commencement 1 3. Terms used 1 4. Perth parking management area (Sch. 1 and Act s. 6) 2 5. Circumstances prescribed (Act s. 7(c)) 2 6. Applications for parking bay licence, information etc. prescribed (Act s. 8(2)) 3 7. Parking bay licence fees (Sch. 2) 3 8. Application to vary parking bay licence, information etc. prescribed (Act s. 15(2)) 4 9. Infringement notices, offences prescribed (Sch. 3 and Act s. 19(1)) 4 10. Infringement notices, modified penalties prescribed (Sch. 3) 4 11. Infringement notices, form of (Sch. 4 and Act s. 19(2)) 5 12. Notice of withdrawal of infringement notice, form of (Sch. 5 and Act s. 19(6)) 5 Schedule 1 - The Perth parking management area Schedule 2 - Licence fees Schedule 3 - Infringement notice offences and modified penalties Schedule 4 - Form of infringement notice Schedule 5 - Form of notice of withdrawal of infringement notice Notes Compilation table 13 Defined Terms | |[pic] |Reprinted under | | | |the Reprints Act | | | |1984 as | | | |at 6 January 2012 | Western Australia Perth Parking Management Act 1999 Perth Parking Management Regulations 1999 1. Citation These regulations may be cited as the Perth Parking Management Regulations 1999 1. 2. Commencement These regulations come into operation on the day on which section 7 of the Perth Parking Management Act 1999 comes into operation 1. 3. Terms used In these regulations, unless the contrary intention appears - ACROD sticker has the same meaning as in the Local Government (Parking for Disabled Persons) Regulations 1988; Act means the Perth Parking Management Act 1999; carriageway has the meaning given to that term in the Road Traffic Code 2000 regulation 3(1); fire brigade means a brigade as defined in the Fire Brigades Act 1942; vehicle of a disabled person means a vehicle - (a) in which a disabled person is either the driver or a passenger; and (b) which is identified with an ACROD sticker in accordance with regulation 5 of the Local Government (Parking for Disabled Persons) Regulations 1988. [Regulation 3 amended in Gazette 16 May 2003 p. 1704.] 4. Perth parking management area (Sch. 1 and Act s. 6) The area within the bold dashed line shown as the boundary of the Perth parking management area on the diagram in Schedule 1 is prescribed as the Perth parking management area for the purposes of section 6 of the Act. 5. Circumstances prescribed (Act s. 7(c)) For the purposes of section 7(c) of the Act, a vehicle is parked in prescribed circumstances if - (a) the vehicle is parked in or on a building, or on land on which there is a building, by or for a permanent resident of the building, and is parked in a space set aside for the use of the resident by the owner of the building; (b) the vehicle is parked in or on a building, or on land on which there is a building, by or for a person who is visiting a permanent resident of the building, and is parked in a space set aside for the use of such visitors by the owner of the building; (c) the vehicle is parked in or on a building, or on land on which there is a building, by or for a permanent resident of the building who works from his or her home in the building; (d) the vehicle is parked in an area provided by the City of Perth for the use of people attending a special event, and a person who attends the event is either the driver of the vehicle or a passenger in it. 6. Applications for parking bay licence, information etc. prescribed (Act s. 8(2)) (1) For the purposes of section 8(2) of the Act, an application by the owner of land or a building for a parking bay licence for the land or building is to include or be accompanied by the following information - (a) the name and address of the applicant; (b) the address of the land or building; (c) an approval under the Town Planning and Development Act 1928 2 indicating the number of parking bays approved and the uses for which they have been approved. (2) However, if the approval referred to in subregulation (1)(c) was issued before the commencement of these regulations, then, instead of the approval, the application may be accompanied by a statutory declaration in accordance with section 106 3 of the Evidence Act 1906 that declares that the approval was issued and that indicates the number of parking bays approved and the uses for which they have been approved. 7. Parking bay licence fees (Sch. 2) (1) The annual fee payable for the issue or renewal of a parking bay licence for the parking facilities described in the second column of an item in Schedule 2 is the fee set out in the third column of the item. (2) However, if a licence fee is paid in instalments with the permission of the CEO under section 11(2) of the Act, the annual fee payable for the licence under subregulation (1) is increased by 5%. 8. Application to vary parking bay licence, information etc. prescribed (Act s. 15(2)) (1) For the purposes of section 15(2) of the Act, an application by a licensee for the variation of a parking bay licence is to include or be accompanied by the following information - (a) the name and address of the licensee; and (b) the address of the land or building to which the licence applies; and (c) particulars of the variation sought; and (d) the approval referred to in subregulation (2), if required. (2) If the number of parking bays to be permitted by the varied licence would be greater than the number permitted by the approval under the Town Planning and Development Act 1928 2 that was lodged with the application for the licence or for an earlier variation, the application for variation must be accompanied by a further approval under that Act indicating approval for the increase in the number of parking bays and indicating the uses for which the additional bays have been approved. 9. Infringement notices, offences prescribed (Sch. 3 and Act s. 19(1)) For the purposes of section 19(1) of the Act, an infringement notice may be given for an offence described in the third column of an item in Schedule 3 that is alleged to have been committed under the provision of the Act specified in the second column of the item. 10. Infringement notices, modified penalties prescribed (Sch. 3) The modified penalty for an offence referred to in an item in Schedule 3 is the penalty set out in the fourth column of the item. 11. Infringement notices, form of (Sch. 4 and Act s. 19(2)) For the purposes of section 19(2) of the Act, the form of an infringement notice is the form set out in Schedule 4. 12. Notice of withdrawal of infringement notice, form of (Sch. 5 and Act s. 19(6)) For the purposes of section 19(6) of the Act, the form of a notice of withdrawal of an infringement notice is the form set out in Schedule 5. Schedule 1 - The Perth parking management area [r. 4] [pic] Schedule 2 - Licence fees [r. 7] |Item |Parking facilities |Annual | | | |licence | | | |fee | | | |$ | |1. |a parking facility that has only 5 |nil | | |parking bays or fewer for the use of | | | |vehicles (excluding parking bays of a | | | |kind referred to in any of items 2 to | | | |10, 12 and 13) | | |2. |a parking bay that is identified in |nil | | |accordance with regulation 4 of the | | | |Local Government (Parking for Disabled | | | |Persons) Regulations 1988 and that is | | | |set aside for parking vehicles of | | | |disabled persons | | |3. |a parking bay in a commercial parking |nil | | |facility leased to a resident of the | | | |City of Perth who has no access as a | | | |resident of the City to exempt parking | | | |facilities of the kind referred to in | | | |regulation 5(a) or (c) | | |4. |a parking bay clearly identified as |nil | | |being solely for vehicles engaged in | | | |unloading or loading goods or | | | |passengers | | |5. |a parking bay set aside solely for a |nil | | |vehicle being used to transport | | | |patients or blood, or to deliver meals | | | |to the aged or infirm or to a hospital | | |6. |a parking bay being used for a vehicle |nil | | |that forms part of a display, such as a| | | |vehicle offered as a prize in a raffle | | |7. |a parking bay set aside for the use of |nil | | |passenger buses during layover periods | | |8. |a parking bay used solely for parking |nil | | |an ambulance being used for operational| | | |purposes or a vehicle being used for | | | |operational purposes by a member of the| | | |Police Force or a member of a fire | | | |brigade | | |9. |a parking bay used solely for |nil | | |servicing, inspecting, repairing, | | | |fuelling or maintaining vehicles | | |10. |a parking bay used solely for a vehicle|nil | | |that forms part of the stock of a | | | |business of a motor vehicle dealer who | | | |holds a licence under the Motor Vehicle| | | |Dealers Act 1973 | | |11. |a facility that has more than 5 parking| | | |bays for the use of vehicles (excluding| | | |a bay set aside for the exclusive use | | | |of vehicles referred to in any of items| | | |2 to 10, 12 and 13) - | | | |(i) for each motor cycle bay; |nil | | |(ii) for each bay (excluding a bay that|616.30 | | |is on a carriageway) that is available | | | |to the public for use without time | | | |constraints; | | | |(iii) for each bay that is on a |584.30 | | |carriageway; | | | |(iv) for each bay that is available to |584.30 | | |the public and in which 50% of the | | | |vehicles being parked stay for less | | | |than 4 hours and at least 90% stay for | | | |less than 6 hours; | | | |(v) in a building used only for |616.30 | | |non-residential purposes, for each bay | | | |that is not available to the public but| | | |is available for use by a person who is| | | |not the owner of the building. | | |12. |a parking bay for use without charge - |nil | | |(a) located on the site of a place of | | | |public worship of a religious body; and| | | | | | | |(b) set aside during the hours of 8.00 | | | |a.m. to 6.00 p.m. Monday to Friday | | | |solely for a vehicle being used by a | | | |person who, throughout the period the | | | |vehicle is parked in the bay - | | | |(i) works at the place of public | | | |worship as an employee of the religious| | | |body; or | | | |(ii) does voluntary work at or mainly | | | |at the place of public worship for or | | | |on behalf of the religious body; or | | | |(iii) visits the place of public | | | |worship for religious purposes or in | | | |relation to parish affairs of the | | | |religious body | | |13. |a parking bay for use without charge - |nil | | | | | | |(a) located on or adjacent to a park; | | | |and | | | |(b) set aside during the hours of 8.00 | | | |a.m. to 6.00 p.m. solely for a vehicle | | | |being used by a person or persons who, | | | |throughout the period the vehicle is | | | |parked in the bay, engages or engage in| | | |a recreational activity in the park | | [Schedule 2 amended in Gazette 15 Jun 2001 p. 2976-7; 17 May 2002 p. 2569; 16 May 2003 p. 1704-5; 21 May 2004 p. 1713-14; 10 Jun 2005 p. 2567; 12 May 2006 p. 1788; 12 Jun 2007 p. 2736-7; 28 Sep 2007 p. 4933; 16 May 2008 p. 1913-14; 23 Jun 2009 p. 2490; 30 Jun 2009 p. 2660; 1 Apr 2010 p. 1280; 8 Apr 2011 p. 1292; 29 Apr 2011 p. 1535- 6.] Schedule 3 - Infringement notice offences and modified penalties [r. 9, 10] |Item |Provision |Description of offence |Modified| | |of Act | |penalty | | | | |$ | |1. |Section 7 |permitting a vehicle to be |500 | | | |parked on the land or in or | | | | |on a building in the Perth | | | | |parking management area for | | | | |which no parking bay licence| | | | |is in force | | |2. |Section 14 |failing to give notice of a |200 | | | |change in the ownership of | | | | |land or a building for which| | | | |a parking bay licence is in | | | | |force | | |3. |Section 18(|failing to comply with a |500 | | |1) |parking bay licence | | |4. |Section 18(|advertising or otherwise |500 | | |2) |indicating that parking is | | | | |available on land or in or | | | | |on a building for which a | | | | |parking bay licence is in | | | | |force while the licence does| | | | |not permit parking as | | | | |advertised or otherwise | | | | |indicated | | |5. |Section 18(|advertising or otherwise |500 | | |3) |indicating that parking is | | | | |available on land or in or | | | | |on a building in the Perth | | | | |parking management area for | | | | |which no parking bay licence| | | | |is in force | | |6. |Section 22 |obstructing an inspector in |500 | | | |the performance of his or | | | | |her functions or the | | | | |exercise of his or her | | | | |powers under the Act | | Schedule 4 - Form of infringement notice [r. 11] Perth Parking Management Act 1999 Perth Parking Management Regulations 1999 INFRINGEMENT NOTICE Date of this notice ......../......../........ To: ............................................................................ ............................................. of: ............................................................................ .............................................. Details of vehicle (if applicable) ........................................................................... It is alleged that on ......../......../........ at ............................................................... you committed the following offence - ............................................................................ ..................................................... ............................................................................ .................................................... ............................................................................ .................................................... contrary to section ................... of the Perth Parking Management Act 1999. The modified penalty for the alleged offence is $................... If you do not wish to have a complaint of the alleged offence heard and determined by a court, you may pay the amount of the modified penalty shown above to the CEO of the Department for Planning and Infrastructure 4 at ............. ........................................ within 28 days after the date of this notice. Name and title of inspector giving this notice ...................................................... ...................................................... Signature ...................................................... [Schedule 4 amended in Gazette 28 Feb 2003 p. 678.] Schedule 5 - Form of notice of withdrawal of infringement notice [r. 12] Perth Parking Management Act 1999 Perth Parking Management Regulations 1999 NOTICE OF WITHDRAWAL OF INFRINGEMENT NOTICE Date of this notice ......../......../........ To: ............................................................................ ............................................. of: ............................................................................ .............................................. Infringement notice No. ................. dated ......../......../........ that was issued for the alleged offence of ............................................................................ ................ ............................................................................ ..................................................... ............................................................................ ..................................................... ............................................................................ ..................................................... contrary to section ................. of the Perth Parking Management Act 1999 has been withdrawn. The modified penalty of $.......................... . was paid, and a refund is enclosed . was not paid and should not be paid (delete as appropriate) Name and title of inspector giving this notice ...................................................... ...................................................... Signature ...................................................... [pic] Notes 1 This reprint is a compilation as at 6 January 2012 of the Perth Parking Management Regulations 1999 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint. Compilation table |Citation |Gazettal |Commencement | |Perth Parking |16 Jul 19|16 Jul 1999 | |Management |99 |(see r. 2 and | |Regulations 1999 |p. 3227-3|Gazette 16 Jul 1999 | | |4 |p. 3183) | |Perth Parking |15 Jun 20|1 Jul 2001 (see | |Management Amendment |01 |r. 2) | |Regulations 2001 |p. 2976-7| | |Perth Parking |17 May 20|1 Jul 2002 (see | |Management Amendment |02 |r. 2) | |Regulations 2002 |p. 2568-9| | |Perth Parking |28 Feb 20|28 Feb 2003 | |Management Amendment |03 p. 678| | |Regulations 2003 | | | |Perth Parking |16 May 20|16 May 2003 | |Management Amendment |03 | | |Regulations (No. 2) |p. 1704-5| | |2003 | | | |Perth Parking |21 May 20|1 Jul 2004 (see | |Management Amendment |04 |r. 2) | |Regulations 2004 |p. 1713-1| | | |4 | | |Reprint 1: The Perth Parking Management Regulations | |1999 as at 21 Jan 2005 (includes amendments listed | |above) | |Perth Parking |10 Jun 20|1 Jul 2005 (see r. | |Management Amendment |05 |2) | |Regulations 2005 |p. 2567 | | |Perth Parking |12 May 20|1 Jul 2006 (see | |Management Amendment |06 |r. 2) | |Regulations 2006 |p. 1788 | | |Perth Parking |12 Jun 20|1 Jul 2007 (see | |Management Amendment |07 |r. 2) | |Regulations |p. 2736-7| | |(No. 2) 2007 | | | |Perth Parking |28 Sep 20|28 Sep 2007 | |Management Amendment |07 | | |Regulations 2007 |p. 4933 | | |Perth Parking |16 May |r. 1 and 2: | |Management Amendment |2008 |16 May 2008 | |Regulations 2008 |p. 1913-1|(see r. 2(a)); | | |4 |Regulations other | | | |than r. 1 and 2: | | | |1 Jul 2008 (see | | | |r. 2(b)) | |Reprint 2: The Perth Parking Management Regulations | |1999 as at 12 Sep 2008 (includes amendments listed | |above) | |Perth Parking |23 Jun 20|r. 1 and 2: | |Management Amendment |09 |23 Jun 2009 | |Regulations 2009 |p. 2489-9|(see r. 2(a)); | | |0 |Regulations other | | | |than r. 1 and 2: | | | |24 Jun 2009 (see | | | |r. 2(b)) | |Perth Parking |30 Jun 20|r. 1 and 2: | |Management Amendment |09 |30 Jun 2009 | |Regulations (No. 2) 200|p. 2659-6|(see r. 2(a)); | |9 |0 |Regulations other | | | |than r. 1 and 2: | | | |1 Jul 2009 (see | | | |r. 2(b)) | |Perth Parking |1 Apr 201|r. 1 and 2: | |Management Amendment |0 p. 1280|1 Apr 2010 | |Regulations 2010 | |(see r. 2(a)); | | | |Regulations other | | | |than r. 1 and 2: | | | |1 Jul 2010 (see | | | |r. 2(b)) | |Perth Parking |8 Apr |r. 1 and 2: | |Management Amendment |2011 |8 Apr 2011 | |Regulations 2011 |p. 1291-2|(see r. 2(a)); | | | |Regulations other | | | |than r. 1 and 2: | | | |1 Jul 2011 (see | | | |r. 2(b)) | |Perth Parking |29 Apr |r. 1 and 2: | |Management Amendment |2011 |29 Apr 2011 | |Regulations (No. |p. 1535-6|(see r. 2(a)); | |2) 2011 | |Regulations other | | | |than r. 1 and 2: | | | |30 Apr 2011 (see | | | |r. 2(b)) | |Reprint 3: The Perth Parking Management Regulations | |1999 as at 6 Jan 2012 (includes amendments listed | |above) | 2 Repealed by the Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 4. 3 Deleted by the Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005 s. 51. 4 Under the Alteration of Statutory Designations (DPI) Order 2009 a reference in a law to the Department of Planning and Infrastructure is to be read and construed as a reference to the Department of Transport. Defined Terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined Term Provision(s) ACROD sticker 3 Act 3 carriageway 3 fire brigade 3 vehicle of a disabled person 3