Parking Permit Fees Rule 2020

Overview

The Parking Permit Fees Rule 2020 was enacted to address the need for a legislative framework governing the fees for parking permits issued on National Land, as per the National Land (Road Transport) Ordinance 2014. This rule was issued under the authority of the Assistant Minister for Regional Development and Territories and sets out the fees for parking permits, thereby facilitating the administration of pay parking on National Land. The National Capital Authority, as the responsible agency for National Land, ensured that the creation of this rule involved consultations with relevant ACT agencies and community stakeholders, aligning with the broader consultation process for the Ordinance in 2014 and during the 2018-19 budget process. The policy objective of this rule is to establish a clear and consistent fee structure for parking permits, ensuring that the pricing is set at market rates in accordance with the Australian Government Charging Framework. The rule came into effect on 17 August 2020, replacing the Parking Permit Fees Rule 2019, and it outlines the determination of fees, the payment process, and the definitions necessary for its implementation. The Office of Best Practice Regulation determined that the rule would likely have a minor regulatory impact and did not require a Regulation Impact Statement. Furthermore, the rule has been assessed for compatibility with human rights and found to be free of any human rights implications, thereby ensuring its alignment with the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Parking Permit Fees Rule 2020 applies to all entities and individuals seeking parking permits on National Land, which includes areas managed by the National Capital Authority (NCA) in accordance with the National Land (Road Transport) Ordinance 2014. The rule sets out the fees for parking permits issued by the NCA Chief Executive and is designed to ensure that the pricing aligns with market rates, particularly those set by nearby parking areas managed by the ACT government, as agreed by the Australian Government. The geographic reach of this rule is limited to National Land, with the rule taking effect from 17 August 2020. It supersedes the Parking Permit Fees Rule 2019, which is repealed by this rule. The rule is made under the authority granted by section 11 of the Ordinance and is subject to the provisions of the Legislation Act 2003 (Cth). The rule does not specify any exclusions or exemptions but details the fees in Schedule 1, which are applicable from the specified dates. The rule does not require a Regulation Impact Statement as it is expected to have only a minor regulatory impact on businesses, community organisations, or individuals. Furthermore, it is stated to be compatible with human rights, as it does not engage any of the applicable rights or freedoms as per the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).

Key Provisions

The Parking Permit Fees Rule 2020 (F2020L01065) primarily sets out the fees for parking permits issued by the National Capital Authority (NCA) Chief Executive under the National Land (Road Transport) Ordinance 2014 and section 64(2) of the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT). The rule, which commenced on 17 August 2020, specifies the fees payable for parking permits, as listed in Schedule 1 (section 4). Prior to the introduction of pay parking on 1 October 2014, it was agreed by the Australian Government that pricing would be set at the then market rate, based on the rates of nearby parking areas managed by the ACT government. This approach aligns with the Resource Management Guide 302 – Australian Government Charging Framework. The fees payable are to be determined by the amount listed in Schedule 1, which is effective from the date specified in column 3 of the schedule (section 4). The fee for the parking permit is to be paid by the applicant to the NCA Chief Executive (section 5). The Parking Permit Fees Rule 2020 imposes obligations on the parties involved in the issuance and payment of parking permits. Firstly, the NCA Chief Executive is responsible for administering the pay parking on National Land and determining the fees for parking permits. The rule mandates that the fees for parking permits must be paid by the applicant, as specified in Schedule 1 (section 5). The rule also requires the NCA Chief Executive to ensure that the fees are set in accordance with the market rates of nearby parking areas managed by the ACT government, as agreed upon by the Australian Government prior to the introduction of pay parking on 1 October 2014 (section 4). Additionally, the rule specifies that the Parking Permit Fees Rule 2019 is to be repealed, and the new rule takes effect from 17 August 2020 (section 3). The Parking Permit Fees Rule 2020 does not explicitly outline any offences, penalties, or civil/criminal consequences for breach. However, it is essential to note that the rule is a legislative instrument for the purposes of the Legislation Act 2003 (Cth). Therefore, any breach of the rule may be subject to the penalties and consequences provided for in the relevant legislation, such as the National Land (Road Transport) Ordinance 2014 and the Road Transport (Safety and Traffic Management) Regulation 2017 (ACT). These may include fines, enforcement actions, or other legal consequences, as determined by the relevant authorities. The Office of Best Practice Regulation advised that the proposal is likely to have a minor regulatory impact on business, community organisations, or individuals, and a Regulation Impact Statement does not need to be prepared (OBPR ref: 23829). The rule is compatible with human rights as it does not raise any human rights issues.