Parking Space Levy Act 1992 Parking Space Levy Amendment (Exemption) Regulation 2002 (2002-430) [GG No 106 of 28.6.2002, p 4778] (NSW)

2002 No 430

New South Wales

Parking Space Levy Amendment

(Exemption) Regulation 2002

under the

Parking Space Levy Act 1992

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Parking Space Levy Act 1992.

CARL SCULLY, M.P.,

Minister for Transport

Explanatory note

The object of this Regulation is to amend the Parking Space Levy Regulation 1997:

(a)	to exempt from the parking space levy parking spaces on certain specified premises that are provided or made available for the use of customers of, or persons employed at, a retail shop on those premises,
(b)	to state general principles that the Chief Commissioner is to have regard to in assessing for the purposes of an exemption from parking space levy whether a parking space is set aside for a purpose,
(c)	to provide that the Chief Commissioner may, in assessing whether a parking space is used exclusively for a purpose, make a determination based on such investigation, study or survey as to the use of parking spaces as the Chief Commissioner thinks fit.

This Regulation is made under the Parking Space Levy Act 1992, including sections 7 (3) and 31.

Published in Gazette No 106 of 28 June 2002, page 4778	Page 1
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2002 No 430

Clause 1 Parking Space Levy Amendment (Exemption) Regulation 2002

Parking Space Levy Amendment (Exemption)

Regulation 2002

1     Name of Regulation

This Regulation is the Parking Space Levy Amendment (Exemption)

Regulation 2002.

2 Commencement

This Regulation commences on 30 June 2002.

3 Amendment of Parking Space Levy Regulation 1997

The Parking Space Levy Regulation 1997 is amended as set out in

Schedule 1.

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2002 No 430

Parking Space Levy Amendment (Exemption) Regulation 2002

Amendment Schedule 1

Schedule 1 Amendment

(Clause 3)

Clauses 6A and 6B

Insert after clause 6:

6A

Exemptions in category 2 areas

(1)	A parking space on premises to which this clause applies is an exempt parking space if the parking space is provided or made available for the use of customers of, or persons employed at, a retail shop on those premises.
(2)	The Act applies to parking spaces on premises to which this clause applies as if this clause had taken effect on 1 July 2001.
(3)	This clause applies to premises described in the Table to this clause, as shown on the plan marked “Parking space exemptions in Category 2 areas” signed by the Minister, dated 30 June 2002 and deposited in the office of the Department of Transport in Sydney.

Table

Levy Area	Premises	Address	Bounded generally by
Parramatta	Westfield	171–175	Argyle,
Shoppingtown	Church Street	O'Connell,
Parramatta	Campbell and Church Sts
Chatswood	Chatswood	345 Victoria	Archer St,
Chase Shopping	Avenue,	Victoria Ave
Centre	Chatswood	and Havilah St
Grace Bros	43–45 Albert	Victor St,
Department	Avenue,	Albert Ave,
Store	Chatswood	Anderson St and Victoria Ave Mall

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Parking Space Levy Amendment (Exemption) Regulation 2002

Schedule 1 Amendment

Westfield	392 Victoria	Anderson St,
Shoppingtown	Avenue,	Albert Ave,
Chatswood	Spring St and Victoria Ave

Bondi	Westfield	480–510	Grafton St,
Junction	Shoppingtown	Oxford Street,	Grosvenor St,
Bondi	Bronte Rd,
Junction	Oxford St and Cook La
Carousel	530 Oxford	Grafton St,
Shopping Centre	Street, Bondi	Cook La,
Junction	Oxford St and Adelaide St
Eastgate	71–85 Spring	Spring St,
Shopping Centre	Street, Bondi	Newland St
Junction	and Ebley St
Grace Bros	217 Oxford	Oxford St
Department	Street, Bondi	through to
Store	Junction	Gray St, Hollywood Av and Waverley St

6B	Assessment of exemptions for parking spaces
(1) In assessing for the purposes of section 7 of the Act whether a parking space is set aside for a purpose, the Chief Commissioner is to have regard to the following principles:

(a)	the presence of measures (such as access control measures) or other features to limit the use of a parking space to use for a particular purpose or purposes indicates that the parking space is set aside for that purpose or those purposes,
(b)	the absence of measures or other features as described in paragraph (a) indicates that a parking space is not set aside for any particular purpose,
(c)	a parking space in a parking area that forms part of a retail shopping centre (being a parking area that is in the same building as the shopping centre and that operates generally only at times when shops in the shopping centre are open for business) should be considered to be

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Parking Space Levy Amendment (Exemption) Regulation 2002

Amendment Schedule 1

set aside for the parking of a motor vehicle by customers of a retail shop, unless the parking space is a non-retail space as provided by subclause (2),

(d) the fact that a parking space is available or permitted to be used for a purpose, or is indicated (by advertising or otherwise) to be available for use for a purpose, does not of itself indicate that the parking space is set aside for that purpose.

(2) A parking space is a non-retail space for the purposes of subclause (1) (c) if it is available for the use of persons who may not be customers of a retail shop in the retail shopping centre concerned.

(3) In assessing for the purposes of section 7 of the Act whether a parking space on premises is used exclusively for a purpose, the Chief Commissioner may make a determination based on such investigation, study or survey as to the use of parking spaces on the premises as the Chief Commissioner thinks fit.

(4) For the purposes of the making of a determination under subclause (3), the Chief Commissioner may require the owner of premises on which there is a parking space to which the Act applies to carry out and report the results of such investigation, study or survey as to the use of parking spaces on the premises as the Chief Commissioner may from time to time direct.

BY AUTHORITY

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