Traffic Amendment (Pay Parking Schemes) Act 1998 (NSW)
New South Wales Traffic Amendment (Pay Parking
Schemes) Act 1998 No 20
Contents
Page
1 Name of Act 2 2 Commencement 2
3 Amendment of Traffic Act 1909 No 5 2 4 Further amendment of Traffic Act 1909 No 5 2
Schedule 1 Amendments 3
New South Wales
Traffic Amendment (Pay Parking
Schemes) Act 1998 No 20
Act No 20, 1998
An Act to amend the Traffic Act 1909 to enable declared public authorities to establish and operate pay parking schemes on public streets under their control; to make consequential amendments to that Act; and for other purposes. [Assented to 3 June 1998]
Section 1 Traffic Amendment (Pay Parking Schemes) Act 1998 NO 20 The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Traffic Amendment (Pay Parking Schemes) Act
1998.
2 Commencement
(1) This Act commences on a day or days to be appointed by
proclamation, except as provided by subsection (2).(2) Section 4 commences:
(a) on the commencement of this Act, or (b) if the Traffic Legislation Amendment Act 1997 has not commenced when this Act commences, on the commencement of that Act. 3 Amendment of Traffic Act 1909 No 5
The Traffic Act 1909 is amended as set out in Schedule 1 .
4 Further amendment of Traffic Act 1909 No 5
The Traffic Act 1909 is further amended by omitting from Part 3B, as amended by this Act, the words “public street’’ and “public streets” wherever occurring and by inserting instead the words “road or road related area” and “roads or road related areas”, respectively.
Traffic Amendment (Pay Parking Schemes) Act 1998 No 20
Amendments Schedule 1 Schedule 1 Amendments
(Section 3)
[1] Part 3B, heading
Omit the heading.
Insert instead “Part 3B Pay parking schemes”.[2] Section 10Q Definitions
Insert in alphabetical order:
area of operations means:
(a) in the case of a council, the council’s local government area, and
(b) in the case of a declared public authority, the area declared by the regulations to be the public
authority’s area of operations.Authority guidelines means guidelines in force under
section 10V ( 1 ) . declared public authority means any person or body that is declared by the regulations to be a public authority for the purposes of this Part.
metered parking scheme means a parking scheme
established under section 10R (1).
pay parking agency means a council or a declared public
authority.
pay parking area means the whole or any part of one or
more public streets:
(a)
that is set aside as a pay parking area, as referred to in section 10T (2) (a), and
(b)
that is designated as a pay parking area in the manner prescribed by the regulations.
pay parking device means a device referred to in section
10T (2) (d).
pay parking scheme means a parking scheme established
under section 10R (1) or 10T (1).
Traffic Amendment (Pay Parking Schemes) Act 1998 No 20
Schedule 1 Amendments [3] Section 10Q, definition of “parking meter”
Omit "council". Insert instead "pay parking agency”.
[4] Section 10Q, definition of “pay parking space”
Omit the definition. Insert instead:
pay parking space means any part of a public street
within a pay parking area:
(a) that is identified in the manner prescribed by the regulations as a space within a pay parking area, and (b) that has been marked, by painted lines or by any other method prescribed by the regulations, for the purpose of indicating where a vehicle may park on payment of a fee.
[5] Division 2, heading
Omit the heading.
Insert instead “Division 2 Metered parking schemes”.[6] Section 10R
Omit the section. Insert instead:
10R Metered parking schemes
(1)
A pay parking agency may establish and operate metered parking schemes for any public street or public streets within its area of operations.
(2) For the purposes of any such scheme, a pay parking
agency:
(a)
may, in accordance with Authority guidelines, provide metered spaces in any public street within its area of operations, and
(b)
may fix the fees for the parking of a vehicle in any such space, and
(c)
may install parking meters for use in connection with the payment of such fees.
Traffic Amendment (Pay Parking Schemes) Act 1998 No 20
Amendments Schedule 1
(3) In the case of a council, the fees for parking in metered
spaces are to be fixed by resolution of the council.(4) In the case of a declared public authority, the fees for parking in metered spaces are to be fixed in accordance with pricing principles set out in Authority guidelines. (5) Parking meters may be installed despite the provisions of
any other Act or law.(6) A parking meter may only be installed at the space to which it applies or, if one parking meter applies to more than one space, in the immediate vicinity of those spaces.
[7] Division 3, heading
Omit the heading.
Insert instead “Division 3 Other pay parking schemes”.[8] Section 10T
Omit the section. Insert instead:
10T Other pay parking schemes
(1)
A pay parking agency may, in accordance with Authority guidelines, establish and operate pay parking schemes (other than metered parking schemes) for any public street or public streets within its area of operations.
(2) For the purposes of any such scheme, a pay parking
agency:
(a)
may, in accordance with Authority guidelines, set aside as a pay parking area the whole or any part of one or more public streets within its area of operations, and
(b)
may fix the fees for the parking of vehicles in any such area, and
(c)
may, in accordance with the regulations, adopt such means of and schemes for payment of such fees as are approved from time to time by the Authority, and
(d)
may install devices for use in connection with the payment of such fees.
Traffic Amendment (Pay Parking Schemes) Act 1998 No 20
Schedule 1 Amendments
(3) In the case of a council, the fees for parking in a pay parking area are to be fixed by resolution of the council. (4) In the case of a declared public authority, the fees for parking in a pay parking area are to be fixed in accordance with pricing principles set out in Authority guidelines. (5) Pay parking devices may be installed despite the
provisions of any other Act or law.
[9] Section 10U
Omit the section. Insert instead:
IOU Councils’ common pay parking schemes
( 1 ) A council may, in accordance with Authority guidelines, agree with one or more other councils concerning the provision of pay parking (other than metered parking) on a common payment basis. (2) The councils must, by resolution, fix fees on a common basis that are to be charged for parking in pay parking areas covered by the agreement.
[10] Sections 10V and 10VA
Omit the sections.
[11] Sections 10V, 10VA and 10VAA
Insert before section 10VB:
10V Authority guidelines and approval
(1) The Authority may, by order in writing, establish
guidelines for the purposes of this Part.(2)
A pay parking agency is not entitled to provide or to charge for parking in a metered space or a pay parking area if it fails to comply with an Authority guideline or an approval given under section 10T (2) (c).
Traffic Amendment (Pay Parking Schemes) Act 1998 No 20
Amendments Schedule 1
(3)
For the purposes of this section, a pay parking agency is taken to have complied with an Authority guideline or approval until the contrary is proved.
(4)
The regulations may provide for defences to offences relating to the establishment and operation of pay parking schemes in relation to which a pay parking agency has failed to comply with an Authority guideline or an approval given under section 10T (2) (c).
(5)
In the case of any inconsistency between an Authority guideline and any provision of a regulation, the provisions of the regulation shall prevail to the extent of the inconsistency.
10VA Other powers to provide pay parking
(1)
Nothing in this Part affects any other power of a pay parking agency to provide for parking on land within its area of operations.
(2)
A pay parking agency may exercise any power under this Part in relation to land that it does not own, but only with the consent of the owner of the land.
(3)
Such consent may be given subject to terms and conditions, including terms in relation to the duration and revocation of that consent.
(4) Subject to any such terms, such consent may be revoked
only after the giving of reasonable notice.
10VAA Overlapping schemes
(1)
Nothing in this Part prevents a pay parking agency from establishing and operating a pay parking scheme on any part of a public street on which it is operating any other pay parking scheme.
(2)
The pay parking agency may not recover the fee fixed in respect of any vehicle parking in a metered space or a pay parking area if any other applicable parking fee has been paid.
Traffic Amendment (Pay Parking Schemes) Act 1998 No 20
Schedule 1 Amendments Section 10VC Application of money from parking
Omit section 10VC (1) .Insert instead:
( 1 )
The costs of administering a pay parking scheme operated by a pay parking agency under this Part are to be borne by the pay parking agency.
Section 10VC
Omit “council.” wherever occurring. Insert instead "pay parking agency”.
Section 10VC (2) (c)
Omit "or pay parking spaces”.
Insert instead “, pay parking spaces or pay parking areas”.
Section 10VC (2) (c)
Insert “operations of” after “area of”.
Section 10VC (3)
Insert “(in the case of a council)” after “subject to”.
Section 10VD Omit the section. Insert instead: 10VD Disputes
(1)
Any dispute arising under this Part between a pay parking agency and the Authority is to be resolved by consultation between the Minister responsible for the pay parking agency and the Minister administering this Act or, if agreement cannot be reached, by the Premier.
(2) Any dispute arising under this Part between two or more
pay parking agencies is to be resolved:
(a) if the same Minister is responsible for each of those agencies, by that Minister, and
Traffic Amendment (Pay Parking Schemes) Act 1998 No 20
Amendments Schedule 1
(b) in any other case, by consultation between the various Ministers responsible for those agencies or, if agreement cannot be reached, by the Premier.
(3) In this section, a reference to the Minister responsible for
a pay parking agency is a reference to:
(a) in the case of a council, the Minister administering the Local GovernmentAct 1993, and
(b) in the case of a declared public authority that is constituted by or under an Act, the Minister
administering that Act, and(c) in any other case, the Minister declared by the regulations to be the Minister responsible for the
declared public authority.
Section 10VE Regulations relating to parking
Omit section 10VE (c).
Section 10VE (d)
Insert " o r pay parking area” after “space”.
Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Traffic Amendment (Pay Parking Schemes) Act 1998
Insert at the end of the Schedule: Schedule 1, Part 5
Part 5 Provisions consequent on the enactment of
the Traffic Amendment (Pay Parking
Schemes) Act 199817 Definition In this Part:
amending Act means the Traffic Amendment (Pay
Parking Schemes) Act 1998.
Traffic Amendment (Pay Parking Schemes) Act 1998 No 20
Schedule 1 Amendments 18 Parking spaces
Any pay parking space provided under section 10T before the commencement of the amending Act is taken to be a pay parking area set aside under section 10T as substituted by the amending Act.
19 Approval for operation of pay parking scheme
Any approval given by the owner of land under section 10R (2) or 10T (4) before the commencement of the amending Act is taken to be a consent under section 10VA as inserted by the amending Act.
20 Guidelines issued by the Authority
Any guidelines issued by the Authority under section 10R (4), 10T (6) or 10U (3) before the commencement of the amending Act are taken to be Authority guidelines as defined in section 10Q as amended by the amending Act.
21 Pay parking devices
Any device installed under section 10T (5) before the commencement of the amending Act is taken to be a pay parking device as defined in section 10Q as amended by the amending Act.
[Minister’s second reading speech made in-
Legislative Assembly on 29 April 1998
Legislative Council on 26 May 1998]
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