Australian Capital Territory National Land (Road Transport) (Parking Fees) Determination 2024

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2024L00634 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Australian Capital Territory National Land (Road Transport) (Parking Fees) Determination 2024

Made under the National Land (Road Transport) Ordinance 2014 by the Minister for Regional Development, Local Government and Territories

 

Legislative authority and context

The National Land (Road Transport) Ordinance 2014 (Cth) (the Ordinance) provides the legislative framework for the management and enforcement of paid parking on National Land.

The Ordinance modifies the application of the Australian Capital Territory (ACT) road transport and parking laws to permit the National Capital Authority (NCA) chief executive to be exclusively responsible for the administration of paid parking on National Land.

Section 8 of the Ordinance also modifies the ACT paid parking support legislation for a reference to the Minister to include a reference to the Minister responsible for administering the Ordinance.

Included in schedule 2 of the Ordinance as ACT paid parking support legislation section 96 of the Road Transport (General) Act 1999 (ACT) (‘the General Act’) provides that the Minister may determine fees, charges and other amounts payable under road transport legislation.

The General Act has been modified by the Australian Capital Territory National Land (Road Transport) (Parking Legislation, Fees and Permits) Rules 2021 to allow any determination of fees made by the minister to be a disallowable instrument under the Legislation Act 2003 (Cth).

Purpose and operation

The Australian Capital Territory National Land (Road Transport) (Parking Fees) Determination 2024 (‘the Determination’) is to determine the fees payable for parking in a ticket parking space in a parking area set aside by the NCA chief executive.

The Determination remakes the Australian Capital Territory National Land (Road Transport) (Parking Fees) Amendment (Fess) Determination 2023, which is repealed by the Australian Capital Territory National Land (Road Transport) (Parking Legislation, Fees and Permits) Rules 2024. The Determination includes a fee increase of $0.20 per hourly rate and $0.50 per daily rate applicable from 1 July 2024.

This increase is based on aligning parking fees applicable to parking on National Land with that of rates of parking areas managed by the ACT Government which are in close proximity to National Land. On the introduction of paid parking on National Land, market rates were the basis of determining fees. This approach is consistent with the Resource Management Guide 302 Australian Government Charging Framework.

The Determination is a Legislative Instrument for the purposes of the Legislative Instruments Act 2003.

The Determination commences on 1 July 2024.

 

 

Impact Analysis Statement

The Office of Impact Analysis considers the proposal is likely to have no more than minor regulatory impacts on business, community organisations or individuals. In addition, it understands that the matter will not require consideration by Cabinet, and the preparation of an Impact Analysis Statement is not required.

Conditions to be satisfied

The Ordinance and the General Act does not specify any conditions that need to be satisfied before the power to make the Determination may be exercised.

Consultation

Consultation was undertaken with the relevant ACT Government agencies as well as affected members of the community as part of the broader consultation process undertaken in respect of the Ordinance in 2014. Consultation occurred with central agencies as part of the 2018-19 budget process.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT A

Explanation of provisions

Section 1- Name

This section provides that the name of the Determination is the Australian Capital Territory National Land (Road Transport) (Parking Fees) Determination 2024.

Section 2- Commencement

This section provides that the Determination commences on 1 July 2024.

Section 3- Authority

This section provides that the Determination is made under section 96 of the Road Transport (General) Act 1999 (ACT), as applied by the National Land (Road Transport) Ordinance 2014 and as modified by that Ordinance and the Australian Capital Territory National Land (Road Transport) (Parking Legislation, Fees and Permits) Rules 2021.

Section 4- Definitions

Defines expressions and terms used in the Determination.

Section 5- Fees

This section provides fees payable for use of ticket parking space in ticket parking area set aside by the NCA chief executive.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in Accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Australian Capital Territory National Land (Road Transport) (Parking Fees) Determination 2024

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Determination

The purpose of the Determination is to set out the fees payable for use of a ticket parking space on National Land.

The Australian Government aims to maintain consistency with the ACT Government paid parking operations. In order to maintain consistency and increase accessibility to the National Cultural Institutions, the Determination includes a $0.20 per hourly rate and $0.50 increase per daily rate from the 2023 fees.

Human rights implications

The Determination does not engage any of the applicable rights or freedoms.

Conclusion

The Determination is compatible with human rights as it does not raise any human rights issues.

 

Overview

The Australian Capital Territory National Land (Road Transport) (Parking Fees) Determination 2024 was enacted to set the fees payable for parking in ticket parking spaces in areas designated by the National Capital Authority's chief executive on National Land. This legislation was introduced to address the need for consistent and aligned parking fees across National Land and areas managed by the ACT Government, aiming to improve accessibility to national cultural institutions and maintain uniformity in parking charges. The Determination is made under the National Land (Road Transport) Ordinance 2014 by the Minister for Regional Development, Local Government and Territories, with the policy objective of ensuring that parking fees on National Land are aligned with those of nearby areas managed by the ACT Government. The Determination increases parking fees by $0.20 per hour and $0.50 per day, effective from 1 July 2024, to reflect current market rates and align with the Resource Management Guide 302 Australian Government Charging Framework. The impact analysis suggests that the Determination will have minor regulatory impacts, and consultation has been undertaken with relevant ACT Government agencies and community members.

Scope and Application

The Australian Capital Territory National Land (Road Transport) (Parking Fees) Determination 2024 applies to the fees payable for the use of ticket parking spaces in parking areas set aside by the National Capital Authority's chief executive on National Land within the Australian Capital Territory. This legislation falls under the National Land (Road Transport) Ordinance 2014, which modifies the application of the ACT road transport and parking laws to ensure that the administration of paid parking on National Land is exclusively managed by the NCA chief executive. The Determination sets forth the fees for parking in these designated areas and is effective from 1 July 2024, replacing the 2023 Amendment Determination and aligning with fees set by the ACT Government for parking areas in close proximity to National Land. The fees have been adjusted to maintain consistency with the ACT Government's paid parking operations and to enhance accessibility to National Cultural Institutions. The Determination is a Legislative Instrument under the Legislative Instruments Act 2003 and does not specify any conditions for its application. Consultation with relevant ACT Government agencies and community members has been undertaken as part of the broader consultation process for the Ordinance.

Key Provisions

The Australian Capital Territory National Land (Road Transport) (Parking Fees) Determination 2024 (section 1) sets the fees for parking in ticket parking spaces on National Land, managed by the National Capital Authority (NCA). This Determination, which comes into effect on 1 July 2024, is made under section 96 of the Road Transport (General) Act 1999 (ACT) as applied by the National Land (Road Transport) Ordinance 2014 (section 3). The fees specified in section 5 of the Determination include an increase of $0.20 per hour and $0.50 per day, aligning the fees with those in nearby areas managed by the ACT Government. The Determination is a Legislative Instrument under the Legislative Instruments Act 2003. The Determination imposes several obligations on the parties involved. The National Capital Authority is responsible for managing the ticket parking spaces and enforcing the fee structure set out in the Determination. The Minister for Regional Development, Local Government and Territories, who exercises the power to make the Determination, must ensure that the fees are consistent with the Resource Management Guide 302 Australian Government Charging Framework. The Determination also requires that the fees payable for parking be clearly communicated to the public. The Determination does not specify any offences or penalties for breaches of the fee structure. However, failure to comply with the fees or parking regulations could potentially result in civil consequences such as fines or penalties under other relevant legislation. The Determination is designed to ensure that the fees are fair and consistent with other areas, thereby maintaining accessibility and consistency in parking operations across National Land.

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Area of Law
Environmental Law
Property Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Fees
Commencement Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.