1Short title
This Act may be cited as the Perth Parking Management Act 1999.
Parliamentary material from the official source. Links open the official source in a new tab.
Bill homepageThis Act may be cited as the Perth Parking Management Act 1999.
This Act comes into operation on such day as is, or such days as are respectively, fixed by proclamation.
This Act binds the Crown.
In this Act, unless the contrary intention appears —
CEO means the chief executive officer as defined in the Interpretation Act 1984;
common property means —
common property within the meaning of the Community Titles Act 2018 section 3(1); or
common property within the meaning of the Strata Titles Act 1985 section 3(1);
community titles scheme has the meaning given in the Community Titles Act 2018 section 3(1);
infringement notice means a notice issued under section 19(1);
inspector means an inspector appointed under section 20;
licensee means the holder of a parking bay licence;
lot means —
in relation to a community titles scheme, a lot within the meaning of the Community Titles Act 2018 section 3(1); or
in relation to a strata titles scheme, a lot within the meaning of the Strata Titles Act 1985 section 3(1);
motor vehicle means a self‑propelled vehicle (except an aircraft or a vessel) that is not operated on rails;
owner, in relation to land or a building, means —
if the land or building is part or all of the common property or a lot in a community titles scheme under the Community Titles Act 2018 section 3(1) —the community corporation for that scheme, within the meaning of that Act; or
if the land or building is part or all of the common property or a lot in a strata titles scheme within the meaning of the Strata Titles Act 1985 section 3(1) — the strata company for that scheme, within the meaning of that Act; or
if the land or building is under the control of an authority of the government of the Commonwealth, a State or a Territory, or of a local government — the authority; or
in any other case — the person who owns the land or building;
parking bay licence means a licence issued under section 9;
Perth Parking Licensing Account means the account established under section 23;
Perth parking management area means the area prescribed under section 6;
Perth Parking Policy means the Perth Parking Policy referred to in section 5, as amended from time to time;
power assisted pedal cycle means a vehicle designed to be propelled by a mechanism operated solely by human power, to which is attached one or more auxiliary propulsion motors having a combined maximum output not exceeding 200 watts;
strata titles scheme has the meaning given in the Strata Titles Act 1985 section 3(1);
vehicle means —
a motor vehicle (except a motorized wheel chair, a power assisted pedal cycle or a toy);
a caravan, trailer or semi‑trailer (whether or not the caravan, trailer or semi‑trailer is connected to a motor vehicle);
a vehicle drawn by an animal, or an animal used for drawing a vehicle.
[Section 4 amended: No. 7 of 2002 s. 19; No. 30 of 2018 s. 159; No. 32 of 2018 s. 221.]
For the purposes of this Act, the Perth Parking Policy is the policy of that name developed by the CEO in cooperation with the City of Perth, and published in the Gazette with the approval of the Minister, after consultation with —
the Minister to whom the administration of the Planning and Development Act 2005 is for the time being committed by the Governor; and
the Minister to whom the administration of the Environmental Protection Act 1986 is for the time being committed by the Governor.
[Section 5 amended: No. 7 of 2002 s. 20; No. 38 of 2005 s. 15.]
An area within the Perth metropolitan area is to be prescribed as the Perth parking management area for the purposes of this Act.
The owner of land or a building in the Perth parking management area must not permit a vehicle to be parked on the land or in or on the building unless —
the land or building is used solely for private residential purposes; or
the owner has a parking bay licence that permits the vehicle to be parked there; or
the vehicle is a prescribed vehicle or is parked in prescribed circumstances.
Penalty: $5 000.
The owner of land or a building in the Perth parking management area may apply to the CEO for a parking bay licence.
An application must —
be in a form approved by the CEO; and
be accompanied by any prescribed documents or prescribed information; and
be accompanied by the prescribed application fee (if any).
The CEO may issue a licence to an applicant to permit one or more vehicles to be parked on the land or in or on the building specified in the application if parking vehicles in accordance with the proposed licence would be consistent with the Perth Parking Policy.
If the CEO believes, after taking into account the matters referred to in subsection (5), that issuing a parking bay licence is reasonable in all the circumstances, even though such a licence would not be consistent with Perth Parking Policy, the CEO may recommend to the Minister the approval of the licence.
On receipt of a recommendation by the CEO under subsection (2), the Minister may approve a parking bay licence in accordance with the terms of that recommendation and the CEO must give effect to that approval.
If the applicant is required to obtain any approvals under the Planning and Development Act 2005 in relation to parking, or making parking facilities available, on the land or in or on the building, the CEO must not issue the licence unless the applicant has each required approval.
The following matters are to be taken into account for the purposes of subsection (2) —
the impact that parking vehicles in accordance with the proposed licence would be likely to have on the following —
the amenity of the environment in the Perth parking management area;
pedestrian traffic in the vicinity of the land or building;
vehicle traffic flow and road network efficiency in the vicinity of the land or building;
the availability of public transport in the vicinity of the land or building;
any other relevant matters.
If a licence issued under subsection (1) is transferable by the licensee, in accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the licence is declared not to be personal property for the purposes of that Act.
[Section 9 amended: No. 38 of 2005 s. 15; No. 42 of 2011 s. 101.]
When issuing or varying a parking bay licence, the CEO may impose on the licence any conditions necessary to ensure that the likely effect on the Perth parking management area of parking vehicles in accordance with the licence is or will be, as far as practicable, consistent with the Perth Parking Policy.
Without limiting subsection (1), the conditions may include conditions relating to any or all of the following —
the number of parking bays to be made available on the land or in or on the building;
the kinds of vehicles that may be parked in the parking bays;
the times during which, and the periods for which, vehicles may be parked in the parking bays;
the purpose for which vehicles may be parked in the parking bays.
The conditions must be set out in the licence.
The CEO must not issue, renew, vary or transfer a parking bay licence unless the prescribed licence fee (if any), or an instalment of it, as the case requires, has been paid.
The CEO may permit the licence fee to be paid in instalments.
The regulations may prescribe different licence fees for different classes of licence, and may provide that a licence fee is not payable for a licence in a prescribed class.
Without limiting subregulation (3), the regulations may provide for licence fees to be calculated by reference to any or all of the following —
the number of parking bays authorised by the licence;
the kinds of vehicles permitted to be parked in the parking bays;
the periods for which vehicles may be parked in the parking bays;
the times at which vehicles may be parked in the parking bays.
This subsection imposes the prescribed licence fees except to the extent that the fees are taxes imposed by the Perth Parking Management (Taxing) Act 1999.
Unless sooner cancelled under section 13(2) or 14(7), a parking bay licence remains in force —
if an expiry date is set out in the licence — up to and including the expiry date; or
if no expiry date is set out in the licence — until 30 June in the financial year during which the licence is in force.
Showing the first 12 of 37 provisions. See all provisions