Local Law No. 5 (Parking) 2015

The purpose of this local law is to complement the regulated parking provisions in chapter 5, part 6 of the TORUM Act by providing for the exercise of local government powers authorised under that Act.

The purpose is achieved by providing for—

in addition to, and does not derogate from, the TORUM Act, chapter 5, part 67; and

to be read with Local Law No, 1 (Administration) 2015.

The local government may, by subordinate local law, declare the whole or a part of its area to be a traffic area.’ *

The subordinate local law must define the boundaries of the traffic area. ' This local law and any subordinate local law made under it do not apply to the extent of any inconsistency with a law of the State or the Commonwealth. See the Act, section 27. A local government cannot regulate parking on a State-controlled road unless the written agreement of the chief executive has been obtained under the TORUM Act, section 101(1)(b). 3 See the TORUM Act, sections 102(3)(a) and 102(2}b). “The TORUM Act, section 69(4), provides: “A local government may install or remove an official traffic sign that will result in a change to the management of a local government road, of a kind mentioned in the Transport Planning and Coordination Act 1994, section 8D(1), only if the chief executive has approved the proposed change under the Transport Planning and Coordination Act 1994, section 8D.” Bu L

The local government may, by subordinate local law, declare an area of land controlled’ by the local government, including structures on the land, as an off- street regulated parking area.°

The subordinate local law must define the boundaries of the off-street regulated parking area.

The local government may issue a parking permit.

The local government may prescribe, by subordinate local law, the persons that may be issued with a permit mentioned in subsection (1).

A vehicle may be parked contrary to an indication on an official traffic sign regulating parking by time or payment of a fee, if the vehicle displays—

The local government may issue a commercial vehicle identification label.

The local government may, by subordinate local law, prescribe vehicles that may be issued with a commercial vehicle identification label.’

A vehicle displaying a current commercial vehicle identification label may be lawfully parked in a loading zone.'° ° See the TORUM Act, section 104(2). ° See the TORUM Act, sections 104(1)(b) and 101(1)(c). See the TORUM Act, section 103(4). Focal Law No. 1 (Administration) 2015, section 5(b), provides that a prescribed activity includes “an activity for which a Local Government Act authorises the local government to grant an approval but does not make any other provision, except provision that is consistent with this part, about the process for the local government to grant the approval.” Section 7 of Local Law No. I (Administration) 2015 provides that an approval required for a prescribed activity must be obtained under part 2 of Local Law No. I (Administration) 2015. As a result, an approval for a parking permit must be obtained under that part. ° Parking permits for people with disabilities are issued under the TORUM Act, section 111, by the chief executive of the department administering the TORUM Act. ' See the TORUM Acct, section 103(5). Focal Law No. 1 (Administration) 2015, section 5(b), provides that a prescribed activity includes “an activity for which a Local Government Act authorises the local government to grant an approval but does not make any other provision, except provision that is consistent with this part, about the process for the local government to grant the approval.” Section 7 of Local Law No. I (Administration) 2015 provides that an approval required for a prescribed activity must be obtained under part 2 of Local Law No. I (Administration) 2015. Asa result, an approval for a commercial vehicle identification label must be obtained under that part. The TORUM Act already defines certain vehicles designed for the carriage of goods as commercial vehicles — see schedule 4, definition, commercial vehicle. See also Transport Operations (Road Use Management-Road Rules) Regulation 2009, section 179, relating to drivers who are permitted to stop in a loading zone.

The local government may prescribe, by subordinate local law, an amount (in penalty units) as the infringement notice penalty for a minor traffic of fence. '*

However, a subordinate local law under subsection (1) may not prescribe an amount greater than 5 penalty units.

the declaration of traffic areas;'” or

the declaration of off-street regulated parking areas; or

the persons who may be issued with a permit to park a vehicle contrary to an indication on an official traffic sign;’ or

vehicles that may be issued with a commercial vehicle identification label;' or

infringement notice penalty amounts that apply for minor traffic of fences.' ‘4 See the TORUM Act, section 108(1). The maximum penalty for an of fence relating to paid parking is 40 penalty units under the TORUM Act, section 106(1). The maximum penalty for other parking of fences is 40 penalty units under the TORUM Act, section 74. 'S See section 5(1). '6 See section 6. '7 See section 7(2). '8 See section 8(2). ' See section 9(1). elu Cc