Parking Permit Fees Rule 2019

Overview

The Parking Permit Fees Rule 2019, enacted under the National Land (Road Transport) Ordinance 2014, establishes the fees applicable to parking permits issued by the National Capital Authority Chief Executive on National Land, as per the requirements of section 64(2) of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT). This legislative instrument, effective from 1 July 2019, was developed by the Assistant Minister for Regional Development and Territories to address the need for a structured fee schedule for pay parking on National Land, aligning with market rates set by the Australian Government in accordance with the Resource Management Guide 302 – Australian Government Charging Framework. The rule was introduced following consultations with relevant ACT agencies and the community, and it aims to provide a transparent and fair fee structure for parking permits on National Land. The rule was found to have a minor regulatory impact and is compatible with human rights as it does not engage any applicable rights or freedoms.

Scope and Application

The Parking Permit Fees Rule 2019 applies to the fees associated with parking permits issued under the National Land (Road Transport) Ordinance 2014, specifically those managed by the National Capital Authority Chief Executive. This rule is designed to set the fees for parking permits on National Land, ensuring that they align with market rates of nearby parking areas managed by the ACT government as of the introduction of pay parking on 1 October 2014. The rule applies to individuals, businesses, and community organisations that require parking permits on National Land, with fees payable to the NCA Chief Executive as outlined in the rule. Geographically, the rule extends to National Land, governed under the Commonwealth's legislative framework. The rule commenced on 1 July 2019, replacing the Parking Permit Fees Rule 2018, and does not specify any exclusions or exemptions. The rule may be extended or restricted through subordinate instruments, though this is not detailed in the explanatory statement.

Key Provisions

The Parking Permit Fees Rule 2019, issued under the National Land (Road Transport) Ordinance 2014, sets out the fees for parking permits issued by the National Capital Authority (NCA) Chief Executive. Specifically, Section 4 of the Rule (s. 4) determines the fee payable for a parking permit, which is the amount listed in column 3 of Schedule 1 of the Rule, effective from the date specified in that column. This fee structure was agreed upon by the Australian Government to align with the market rates of nearby parking areas managed by the ACT government prior to the introduction of pay parking on 1 October 2014, in accordance with the Resource Management Guide 302 – Australian Government Charging Framework. Section 5 of the Rule (s. 5) mandates that the fee listed in Schedule 1 is payable to the NCA Chief Executive by the applicant for the parking permit to which the application relates. The Rule imposes specific obligations on the parties it governs. Primarily, the NCA Chief Executive is responsible for administering the pay parking on National Land as outlined in the Ordinance. Section 5 of the Rule (s. 5) stipulates that the fee must be paid by the applicant to the NCA Chief Executive. Additionally, the Rule requires that any updates to the fees or changes to the fee structure must be communicated effectively to the public and relevant stakeholders to ensure compliance and transparency. The Rule also relies on the definitions provided in Section 6 (s. 6) for clarity in interpreting the provisions of the Rule, ensuring that all parties have a common understanding of the terms used. In terms of enforcement and consequences, the Rule does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, the Ordinance and related regulations, such as the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT), may impose penalties for non-compliance with parking regulations and fees. For example, under the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT), penalties may include fines for offences such as parking without a valid permit or failing to pay the prescribed fees. The exact penalties would be in line with those stipulated in the relevant traffic and transport regulations of the ACT. Failure to adhere to these provisions could result in enforcement actions as per the applicable laws and regulations.