EXPLANATORY STATEMENT
Issued by the Authority of the Assistant Minister for Infrastructure and Regional Development
National Land (Road Transport) Ordinance 2014
Open Areas Parking Rule 2014
Overview and Background
The National Land (Road Transport) Ordinance 2014 (Ordinance) provides the legislative framework for the management and enforcement of pay 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 pay parking on National Land.
Under Part 3 Miscellaneous, section 11 Rule Making Power, the Minister may make rules prescribing matters that are required, permitted, necessary or convenient for giving effect to the Ordinance.
The Open Areas Parking Rule 2014 makes it an offence to park on open areas (such as grassed) or landscaped areas on National Land and permits the issue of infringement notices for a contravention of the rule.
This rule is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth).
The rule commenced on the day after it was registered.
Consultation
The NCA, as responsible agency for National Land, undertook consultation with the relevant ACT agencies as well as affected members of the community as part of the broader consultation process undertaken in respect of the Ordinance.
Section 1 – Name of rule
This section provides that the title of the rule is the Open Areas Parking Rule 2014.
Section 2 – Commencement
This section provides for the rule to commence on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 – No parking on open or landscaped areas - offence
Section 3(1) provides that a person must not park or stop a vehicle on any open areas (including grassed or landscaped areas) unless signage permits parking.
Section 3(2) defines when a person will have ‘parked’ or ‘stopped’ for the purposes of section 3(1).
Section 3(2) provides that a contravention of section 3(1) is an offence for the purposes of the Road Transport General Act 1999 (ACT) and the Road Transport (Offences) Regulation 2005 (ACT), which apply to National Land pursuant to the Ordinance.
Section 3(3) makes clear that an offence against section 3(1) is an infringement notice offence under the Road Transport (Offences) Regulation 2005(ACT) as applicable to National Land under the Ordinance. Section 3(3) also confirms who is the administering authority and sets out the applicable offence penalty and infringement penalty.
Regulation Impact Statement
The Office of Best Practice Regulation have advised a Regulation Impact Statement is not required.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).
Human rights implications
This rule does not engage any of the applicable rights or freedoms.
Conclusion
This rule is compatible with human rights as it does not raise any human rights issues.
Jamie Briggs
Assistant Minister for Infrastructure and Regional Development
Overview
The National Land (Road Transport) Ordinance 2014 aims to streamline the management and enforcement of pay parking on National Land by modifying the application of the Australian Capital Territory (ACT) road transport and parking laws. The Open Areas Parking Rule 2014, made under section 11 of the Ordinance, addresses the problem of unauthorised parking in open and landscaped areas by making it an offence to park in these areas unless signage explicitly permits it. This legislative instrument was introduced to provide clarity and enforceability in managing parking on National Land, ensuring that only authorised vehicles can park in designated areas. The rule was enacted by the Assistant Minister for Infrastructure and Regional Development, with the primary policy objective of maintaining order and managing the use of National Land efficiently and effectively. The rule came into effect on the day after its registration on the Federal Register of Legislative Instruments, following consultation with relevant ACT agencies and the community.
Scope and Application
The Open Areas Parking Rule 2014 applies to any person who parks or stops a vehicle on open or landscaped areas on National Land, which is defined under the National Land (Road Transport) Ordinance 2014. This rule 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 pay parking on National Land. The rule is designed to enforce the prohibition of parking on open areas unless signage permits it, with contraventions being treated as offences and subject to infringement notices under the Road Transport (Offences) Regulation 2005 (ACT). The rule commenced on the day after it was registered on the Federal Register of Legislative Instruments. The application of this rule is limited to National Land within the ACT and does not extend beyond this geographic or jurisdictional boundary. The rule does not specify any exclusions or exemptions, and the infringement penalties are set out within the Road Transport (Offences) Regulation 2005 (ACT). The application of this rule can be further extended or modified through subordinate instruments made under section 11 Rule Making Power of the Ordinance.
Key Provisions
The Open Areas Parking Rule 2014, under the National Land (Road Transport) Ordinance 2014, establishes clear provisions regarding parking restrictions on National Land. Section 3(1) of the rule explicitly prohibits parking or stopping a vehicle on any open areas, including grassed or landscaped areas, unless specific signage permits such actions. This section aims to maintain the integrity and aesthetics of these areas while ensuring compliance with road transport regulations. Section 3(2) further defines what constitutes 'parking' or'stopping' for the purposes of this rule, ensuring clarity and enforceability.
The Open Areas Parking Rule 2014 imposes specific obligations on individuals and entities operating on National Land. Primarily, it mandates that all vehicles must adhere to the parking restrictions outlined in section 3(1). This means that unless signage explicitly allows parking in certain open areas, it is strictly prohibited. The rule also delineates the administrative framework for enforcing these restrictions, including the issuance of infringement notices for violations. These obligations are designed to ensure orderly and lawful use of National Land, maintaining its condition and usability for all.
Breaches of the Open Areas Parking Rule 2014 are addressed under section 3(3), which specifies that contraventions of section 3(1) are considered infringement notice offences under the Road Transport (Offences) Regulation 2005 (ACT). This means that individuals found to be in violation of the rule are subject to administrative penalties, including fines. The rule does not detail maximum penalties but refers to the applicable regulations for determining the specific fines and penalties. These measures are intended to deter non-compliance and ensure adherence to the parking regulations on National Land.