Parking Permit Fees Rule 2018

Overview

The Parking Permit Fees Rule 2018 was enacted to establish the fees for parking permits issued by the NCA Chief Executive under the National Land (Road Transport) Ordinance 2014. The Rule was introduced to provide clarity and consistency in the fees charged for parking permits on National Land, ensuring that the fees are both transparent and effectively managed. The Rule was made under the authority of the Minister for Regional Development, Territories and Local Government, and it commenced on 1 July 2018. The policy objective was to modify the application of the ACT road transport and parking laws to permit the NCA Chief Executive to administer pay parking on National Land. The Rule determines the fees payable for parking permits and outlines the payment process, repealing the previous Parking Permit Fees Rule 2014. The Office of Best Practice Regulation assessed that the Rule would have a minor regulatory impact, and it was found to be compatible with human rights as it does not engage any applicable rights or freedoms.

Scope and Application

The Parking Permit Fees Rule 2018 applies to any individual or entity seeking to obtain a parking permit on National Land as governed by the National Land (Road Transport) Ordinance 2014. This includes any person or business that requires parking permits on National Land, such as those operating within the jurisdiction of the National Capital Authority. The Rule sets out the fees associated with these permits and is a legislative instrument under the Legislation Act 2003 (Cth), coming into effect on 1 July 2018. The National Capital Authority, responsible for National Land, consulted with relevant ACT agencies and community stakeholders during the development of the Ordinance and the Rule. The Rule is designed to streamline the administration of parking permits by establishing a clear fee structure, as outlined in Schedule 1, and ensuring fees are paid directly to the NCA Chief Executive. The Rule does not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth), and is considered compatible with human rights.

Key Provisions

The Parking Permit Fees Rule 2018 (section 4) specifies the fees payable for parking permits issued by the National Capital Authority (NCA) Chief Executive under the National Land (Road Transport) Ordinance 2014. The fee amount is determined by the corresponding entry in Schedule 1, which lists the fees for various types of parking permits and the effective dates of those fees (Schedule 1). The rule (section 5) requires applicants for parking permits to pay the applicable fees to the NCA Chief Executive, as listed in Schedule 1. The rule also provides definitions (section 6) for terms used within the rule, ensuring clarity and consistency in its application. The rule imposes several obligations and requirements on the parties it governs. Firstly, the NCA Chief Executive is mandated to administer the issuance of parking permits and the collection of associated fees as per the fee schedule outlined in Schedule 1. The applicants for parking permits must ensure that they pay the correct fee amount, as specified in Schedule 1, at the time of application. This requirement ensures that the process of obtaining a parking permit is transparent and that the NCA Chief Executive is appropriately compensated for the services provided. Furthermore, the rule demands that the NCA Chief Executive maintain accurate records of fees collected and permits issued, which may be subject to audit or review. In terms of legal consequences, the Parking Permit Fees Rule 2018 does not explicitly outline specific offences, penalties, or consequences for breach. However, non-compliance with the fee payment requirements may lead to the denial of a parking permit or other administrative actions deemed appropriate by the NCA Chief Executive. Additionally, any disputes regarding the fee amounts or the collection process would be subject to the applicable laws and regulations governing administrative actions and disputes in the ACT. It is also worth noting that while the rule itself does not specify criminal penalties, failure to comply with related provisions of the National Land (Road Transport) Ordinance 2014 or other relevant legislation could result in civil or criminal penalties as prescribed by those laws.