EXPLANATORY STATEMENT
Australian Capital Territory National Land (Road Transport) (Parking Permit Fees) Amendment (Fees) Determination 2022
Made under the National Land (Road Transport) Ordinance 2014 by the Assistant Minister for Regional Development and Territories, and Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development
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 legislative instrument under the Legislation Act 2003 (Cth).
The Australian Capital Territory National Land (Road Transport) (Parking Permit Fees) Determination 2021 (‘the Determination’) determines the fees payable for the issue of a construction zone parking permit and special event parking permit on a length of road or in an area designated by a permit zone sign for use by holders of that kind of parking permit or in an area determined by the NCA Chief Executive. The Determination remakes the Parking Permit Fees Rule 2020, which is repealed by the Australian Capital Territory National Land (Road Transport) (Parking Legislation, Fees and Permits) Rules 2021.
Purpose and operation
The Australian Capital Territory National Land (Road Transport) (Parking Permit Fees) Amendment (Fees) Determination 2022 (‘the Amendment’), amends the Determination. The Amendment includes a fee increase of $0.50 per daily rate applicable from 1 July 2022.
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 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 Amendment is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Amendment commences on 1 July 2022.
Regulation Impact Statement
The Office of Best Practice Regulation considers the proposal is unlikely to have a more than minor regulatory impacts on businesses, community organisations or individuals. In addition, it understands that the matter will not require consideration by Cabinet, and the preparation of a Regulation Impact 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 Amendment 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 Amendment is the Australian Capital Territory National Land (Road Transport) (Parking Permit Fees) Amendment (Fees) Determination 2022.
Section 2- Commencement
This section provides that the Amendment commences on 1 July 2022.
Section 3- Authority
This section provides that the Amendment 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- Schedules
This section provides that each instrument specified in a Schedule is amended or repealed as set out in the applicable items in the Schedule concerned.
Schedule 1
Item 1
This item provides the fees, charges or other amounts payable for the issue of a parking permit.
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 Permit Fees) Amendment (Fees) Determination 2022
This 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 instrument
The purpose of the Amendment is to increase the fees payable for construction zone or special event parking permits on National Land so as to bring it in alignment with the ACT Government paid parking operations. In order to maintain consistency and increase accessibility to National Cultural Institutions, the Determination includes a $0.50 per daily rate increase from the 2021 fees.
Human rights implications
This instrument does not engage any of the applicable rights or freedoms.
Conclusion
This instrument is compatible with human rights as it does not raise any human rights issues.