Parking Space Levy Regulation 2019

In this Regulation—

base rate—see clause 9.

car stacker means an apparatus that can stack 2 or more motor vehicles on 2 or more levels.

Category 1 area means an area described in Part 1 of Schedule 1.

Category 2 area means an area described in Part 2 of Schedule 1.

exempt parking space means a parking space that is an exempt parking space under clause 8, 8A, 8B or 8C.

guidelines means guidelines under the Act, section 12.

mobility parking scheme authority means a disability parking permit recognised for the Australian Disability Parking Scheme.

parking area means that part of any premises that is used, or set aside, for the parking of motor vehicles.

Public Service senior executive has the same meaning as in section 33 (2) of the Government Sector Employment Act 2013.

stacked parking space means a parking space created by a car stacker.

the Act means the Parking Space Levy Act 2009.

Transport for NSW has the same meaning as in the Transport Administration Act 1988.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

Each district referred to in Schedule 1 is established as a leviable district for the purposes of the Act.

The carriageway of any street, road or lane open to or used by the public is declared not to be leviable premises for the purposes of the Act.

A stacked parking space is declared to be a parking space for the purposes of the Act.

The number of parking spaces on any premises is the sum of—

the number of regular parking spaces in each parking area on the premises, and

the number of stacked parking spaces on the premises, and

the number of parking slots on the premises.

The number of regular parking spaces in a parking area is the sum of the following—

in respect of those portions of the parking area in which parking spaces are designated in any way—

the number of designated parking spaces in those portions, or

the number of parking spaces obtained by dividing the total area of those portions (in square metres) by 18, and disregarding any remainder,

whichever is the greater,

in respect of those portions of the parking area in which parking spaces are not designated in any way, the number of parking spaces obtained by dividing the area of those portions (in square metres) by 18, and disregarding any remainder.

The number of stacked parking spaces on any premises is the maximum number of motor vehicles that can reasonably be accommodated by the car stackers on the premises.

In this clause—

multi-vehicle space means a parking space that may, under a lease, licence or other arrangement, be used for parking more than 1 vehicle at a time.

number of parking slots, on premises, means the maximum number of motor vehicles that can, in accordance with relevant leases, licences or other arrangements, be accommodated in multi-vehicle spaces on the premises.

regular parking space means a parking space that is not—

a multi-vehicle space, or

a stacked parking space.

A parking space on leviable premises in a Category 1 or Category 2 area is an exempt parking space while it is set aside and used exclusively for one or more of the following purposes—

the parking of bicycles or motor cycles,

the parking of motor vehicles by persons who reside on the premises or on adjoining premises,

the parking of motor vehicles by persons who hold mobility parking scheme authorities,

the parking of motor vehicles for the purpose of loading or unloading goods or passengers, but not if vehicles are permitted to park in the space otherwise than while goods or passengers are being loaded or unloaded,

(Repealed)

the parking (without charge) of a mobile crane, a forklift truck, a tractor or a front-end loader,

the parking (without charge) of an ambulance, fire brigade motor vehicle or police motor vehicle, but only if the parking space is the one used for garaging the vehicle overnight,

the parking (without charge) of a motor vehicle used only for the carrying out of deliveries or the provision of services from the premises, but only if—

the parking space is the one used for garaging the vehicle overnight, and

the owner of the vehicle is also the owner or occupier of the premises,

in the case of premises owned or occupied by the council of the local government area, the parking (without charge) of motor vehicles by persons other than officers or employees of the council.

(Repealed)

For the purposes of subclause (1) (b), the several lots in a strata scheme under the Strata Schemes Development Act 2015 are taken to adjoin each other, regardless of their location.

For subclause (1)(c), a parking space is exempt only if the space complies with—

AS 2890.6:2022, Parking facilities, Part 6: Off-street parking for people with disabilities or the equivalent standard in force when the parking space was set aside in accordance with subclause (1)(c), or

the requirements set out in the guidelines.

For subclause (1)(h), the maximum number of exempt parking spaces for each premises is 10.

A parking space on leviable premises in a Category 1 or Category 2 area is an exempt parking space while it is an unused casual parking space or an unleased tenant’s parking space.

For the purposes of subclause (3)—

a parking space is an unused casual parking space if it is set aside for use by the public for the parking of motor vehicles but remains unused for that purpose, and

a parking space is an unleased tenant’s parking space if—

it is attached to commercial premises, and

it is unavailable for use as a parking space by a person other than a lessee or licensee of the commercial premises, and

there is no lessee or licensee of the commercial premises to whom the parking space is allocated.

A parking space on leviable premises in a Category 2 area is an exempt parking space while it is set aside and used exclusively for one or more of the following purposes—

the parking of motor vehicles by customers of a retail shop while making use of the shop,

the parking of motor vehicles on the shopping centres referred to in Schedule 2 by persons employed at a retail shop on those premises,

the parking of motor vehicles by guests or customers of a hotel or motel,

the parking of motor vehicles by members and guests of members of a registered club,

the parking of motor vehicles by customers of a restaurant while making use of the restaurant,

the parking of motor vehicles by patients of a medical centre while making use of the centre,

the parking of motor vehicles by customers of a car sales establishment, car servicing or repair centre, or car wash while making use of the establishment, centre or car wash,

the parking of motor vehicles by clients and guests of clients of a funeral home while making use of the funeral home,

the parking of motor vehicles that are displayed or stored on the premises for the purpose of their being offered for sale or hire.

In this clause—

commercial premises has the same meaning as in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.

medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.

retail shop has the same meaning as in the Retail Leases Act 1994.

A parking space on leviable premises in a Category 1 or Category 2 area is an exempt parking space if the space is set aside and used exclusively for the parking of motor vehicles by persons who, on a casual basis—

provide services to the premises, or

if the premises are part of a strata scheme within the meaning of the Strata Schemes Management Act 2015—provide services to the common property of the strata scheme.

A parking space is not an exempt parking space under this clause if the parking space is—

used by a person while not—

providing services to the premises, or

if the premises are part of a strata scheme within the meaning of the Strata Schemes Management Act 2015—providing services to the common property of the strata scheme, or

used by 1 or more persons whose usual place of work is on the premises.

The maximum number of exempt parking spaces under this clause for each premises is 10.

A parking space on leviable premises in a Category 1 or Category 2 area is an exempt parking space if—

the premises on which the parking space is located is owned or occupied by a public benevolent institution, and

the parking space is set aside and used exclusively for the parking of motor vehicles, at no cost, by—

staff of the public benevolent institution while directly involved in delivering the religious or charitable services of the institution, or

patrons of the public benevolent institution while accessing the religious or charitable services of the institution.

In this clause—

public benevolent institution means the following—

a religious body or organisation for which a proclamation is in force under the Marriage Act 1961 of the Commonwealth, section 26,

a religious body within a denomination for which a proclamation is in force under the Marriage Act 1961 of the Commonwealth, section 26,

a public charity registered with the Australian Charities and Not-for-profits Commission.

A parking space is an exempt parking space if the parking space is—

located in Central Park, and

set aside exclusively for use by a person who resides in Central Park.

A parking space that is an exempt parking space under this clause is taken to have been exempt on and from 1 July 2024.

In this clause—

Central Park means the area shown edged with a heavy broken line on the Central Park exemption area map under Schedule 1A.

An exempt parking space must—

be clearly signposted in a way provided for in the guidelines, or

otherwise comply with requirements set out in the guidelines.

This Regulation is the Parking Space Levy Regulation 2019.

This Regulation commences on the day on which it is published on the NSW legislation website.

Note.

This Regulation repeals and replaces the Parking Space Levy Regulation 2009, which would otherwise be repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.