Perth Parking Management Regulations 1999
Reprint 1: The regulations as at 21 January 2005
Guide for using this reprint
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Endnotes, Compilation table, and Table of provisions that have not come into operation
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Notes amongst text (italicised and within square brackets)
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Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
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1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
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Reprinted under the Reprints Act 1984 as |
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at 21 January 2005 |
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Perth Parking Management Regulations 1999
CONTENTS
1.Citation1
2.Commencement1
3.Interpretation1
4.The Perth parking management area2
5.Exemptions2
6.Applications for a parking bay licence3
7.Parking bay licence fees3
8.Variation of parking bay licences3
9.Infringement notices4
10.Modified penalties for infringements4
11.Form of infringement notice4
12.Form of notice of withdrawal of infringement notice4
Schedule 1 — The Perth parking management area5
Schedule 2 — Licence fees6
Schedule 3 — Infringement notice offences and modified penalties8
Schedule 4 — Form of infringement notice9
Schedule 5 — Form of notice of withdrawal of infringement notice10
Notes
Compilation table11
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Reprinted under the Reprints Act 1984 as |
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at 21 January 2005 |
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These regulations may be cited as the
These regulations come into operation on the day on which section 7 of the
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
“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.The
The area within the bold dashed line shown as the boundary of the
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
6.Applications for a parking bay licence
(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 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 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.
(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.Variation of parking bay licences
(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;
(b)the address of the land or building to which the licence applies;
(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 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.
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.Modified penalties for infringements
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.Form of infringement notice
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.Form of notice of withdrawal of infringement notice
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
[r. 4]
[r. 7]
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Item |
Parking facilities |
Annual licence fee $ |
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1. |
a parking facility that has only 5 parking bays or fewer for the use of vehicles (excluding parking bays of a kind referred to in any of items 2 to 10) |
nil |
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2. |
a parking bay that is identified in 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 |
nil |
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3. |
a parking bay in a commercial parking facility leased to a resident of the City of |
nil |
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4. |
a parking bay clearly identified as being solely for vehicles engaged in unloading or loading goods or passengers |
nil |
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5. |
a parking bay set aside solely for a vehicle being used to transport patients or blood, or to deliver meals to the aged or infirm or to a hospital |
nil |
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6. |
a parking bay being used for a vehicle that forms part of a display, such as a vehicle offered as a prize in a raffle |
nil |
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7. |
a parking bay set aside for the use of passenger buses during layover periods |
nil |
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8. |
a parking bay used solely for parking 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 |
nil |
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9. |
a parking bay used solely for servicing, inspecting, repairing, fuelling or maintaining vehicles |
nil |
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10. |
a parking bay used solely for a vehicle 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 |
nil |
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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 the items 2 to 10) — |
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(i)for each motor cycle bay; |
80.00 |
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(ii)for each bay (excluding a bay that is on a carriageway) that is available to the public for use without time constraints; |
185.00 |
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(iii)for each bay that is on a carriageway; |
160.00 |
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(iv)for each bay that is available to 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; |
160.00 |
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(v)in a building used only for commercial purposes, for each bay concerning which the owner has agreed with a tenant of the owner that it will be set aside for the exclusive use of the tenant. |
185.00 |
[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.]
Schedule 3 — Infringement notice offences and modified penalties
[r. 9, 10]
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Item |
Provision of Act |
Description of offence |
Modified penalty |
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1. |
Section 7 |
permitting a vehicle to be parked on the land or in or on a building in the |
500 |
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2. |
Section 14 |
failing to give notice of a change in the ownership of land or a building for which a parking bay licence is in force |
200 |
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3. |
Section 18(1) |
failing to comply with a parking bay licence |
500 |
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4. |
Section 18(2) |
advertising or otherwise 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 |
500 |
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5. |
Section 18(3) |
advertising or otherwise indicating that parking is available on land or in or on a building in the |
500 |
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6. |
Section 22 |
obstructing an inspector in the performance of his or her functions or the exercise of his or her powers under the Act |
500 |
Schedule 4 — Form of infringement notice
[r. 11]
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
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 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]
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
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......................................................
1This reprint is a compilation as at 21 January 2005 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.
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Citation |
Gazettal |
Commencement |
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16 Jul 1999 |
16 Jul 1999 (see r. 2 and Gazette 16 Jul 1999 p. 3183) |
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15 Jun 2001 |
1 Jul 2001 (see r. 2) |
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17 May 2002 p. 2568‑9 |
1 Jul 2002 (see r. 2) |
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28 Feb 2003 p. 678 |
28 Feb 2003 |
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16 May 2003 p. 1704‑5 |
16 May 2003 |
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21 May 2004 p. 1713‑14 |
1 Jul 2004 (see r. 2) |
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Reprint 1: The |
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By Authority: JOHN A. STRIJK, Government Printer