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This is a Bill, not an Act. For current law, see the Acts databases.


PARKING SPACE LEVY BILL 2009





                        New South Wales




Parking Space Levy Bill 2009


Contents

                                                                     Page
Part 1   Preliminary
          1   Name of Act                                              2
          2   Commencement                                             2
          3   Object                                                   2
          4   Definitions                                              2
          5   Act to be read with Taxation Administration Act 1996     3
          6   Act binds the Crown                                      3

Part 2   Parking space levies
          7   Leviable premises                                        4
          8   Imposition of parking space levy                         4
          9   Lodging of returns                                       4
         10   Statutory trust                                          5
         11   Public Transport Fund                                    5
Parking Space Levy Bill 2009

Contents

                                                                          Page
Part 3       Miscellaneous
              12    Chief Commissioner's guidelines                         6
              13    Delegation                                              6
              14    Regulations                                             6
              15    Parking Space Levy Regulation 2009                      7
              16    Repeals                                                 7
              17    Amendment of Taxation Administration Act 1996 No 97     7
              18    Review of Act                                           7

Schedule 1          Savings, transitional and other provisions              8
Schedule 2          Parking Space Levy Regulation 2009                     10




Contents page 2
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.


                                                Clerk of the Legislative Assembly.
                                                Legislative Assembly,
                                                Sydney,                     , 2009




                             New South Wales




Parking Space Levy Bill 2009
Act No      , 2009




An Act to impose a levy on parking spaces in certain areas; to provide for the
application of the revenue; and to repeal the Parking Space Levy Act 1992 and the
regulations under that Act.




I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.


                                   Assistant Speaker of the Legislative Assembly.
Clause 1          Parking Space Levy Bill 2009

Part 1            Preliminary




The Legislature of New South Wales enacts:

Part 1         Preliminary
  1      Name of Act
               This Act is the Parking Space Levy Act 2009.
  2      Commencement
               This Act commences on a day to be appointed by proclamation.
  3      Object
               The object of this Act is to discourage car use in leviable districts by
               imposing a levy on parking spaces (including parking spaces in parking
               stations), and by using the revenue to encourage the use of public
               transport (in particular, public transport to and from, or within, those
               districts).
  4      Definitions
         (1)   In this Act:
               Chief Commissioner means the Chief Commissioner of State Revenue
               referred to in section 60 of the Taxation Administration Act 1996.
               exercise a function includes perform a duty.
               financial year means a year commencing on 1 July.
               function includes a power, authority or duty.
               leviable district means a district established by the regulations as a
               leviable district.
               leviable premises--see section 7.
               levy means the parking space levy imposed by this Act on leviable
               premises.
               owner, in relation to leviable premises, includes:
                (a) any person who jointly or severally, whether at law or in equity,
                      is entitled to the premises for any estate of freehold in possession,
                      and
               (b) any person who is entitled to receive, or is in receipt of, or if the
                      premises were let to a tenant would be entitled to receive, the
                      rents and profits of the premises, whether as beneficial owner,
                      lessor, trustee, mortgagee in possession, or otherwise, and
                (c) any person to whom a lease or licence to occupy the premises has
                      been granted, and




Page 2
Parking Space Levy Bill 2009                                                  Clause 5

Preliminary                                                                   Part 1




              (d)    in the case of premises comprising a public road or public reserve
                     (within the meaning of the Local Government Act 1993), the
                     council of the local government area within which the public road
                     or public reserve is situated, and
              (e) in the case of premises that are the subject of a strata scheme
                     under the Strata Schemes (Freehold Development) Act 1973 or
                     the Strata Schemes (Leasehold Development) Act 1986, the
                     owners corporation for that scheme constituted under section 11
                     of the Strata Schemes Management Act 1996, and
               (f) in the case of premises that are a community, precinct or
                     neighbourhood scheme within the meaning of the Community
                     Land Development Act 1989, the association for the scheme
                     constituted under section 25 of that Act.
              parking space means a space that is situated on premises in a leviable
              district, being a space:
              (a) that is used, or set aside, for the parking of motor vehicles, or
              (b) that is declared by the regulations to be a parking space for the
                     purposes of this Act.
              premises includes any land and any building.
       (2)    The regulations may establish a leviable district by reference to local
              government areas (or parts of local government areas), boundaries,
              plans or otherwise.
       (3)    Notes included in this Act do not form part of this Act.
  5   Act to be read with Taxation Administration Act 1996
              This Act is to be read together with the Taxation Administration Act
              1996.
              Note. The Taxation Administration Act 1996 makes provision for the
              administration and enforcement of taxation laws. This Act is a taxation law for
              the purposes of that Act.

  6   Act binds the Crown
       (1)    This Act binds the Crown in right of New South Wales and, in so far as
              the legislative power of Parliament permits, the Crown in all its other
              capacities.
       (2)    Nothing in this Act renders the Crown liable to be prosecuted for an
              offence.




                                                                                    Page 3
Clause 7          Parking Space Levy Bill 2009

Part 2            Parking space levies




Part 2         Parking space levies
  7      Leviable premises
         (1)   For the purposes of this Act, premises are leviable premises in any
               financial year if, at any time during the previous financial year:
                (a) the premises were located in a leviable district, and
               (b) one or more parking spaces were situated on the premises.
         (2)   Despite subsection (1), premises are not leviable premises if they are
               declared by the regulations not to be leviable premises.
  8      Imposition of parking space levy
         (1)   A parking space levy is imposed on 1 July each year on all leviable
               premises.
         (2)   The amount of the levy for any leviable premises is the amount
               calculated in respect of the premises in accordance with the regulations.
         (3)   A person who, as at 1 July in any year, is the owner of leviable premises
               is liable for payment of the levy for the premises.
         (4)   If the premises are owned by 2 or more persons, the owners are jointly
               and severally liable for payment of the levy.
         (5)   The levy is to be paid to the Chief Commissioner.
         (6)   The Chief Commissioner may retain from the levies paid under this
               section such commission (if any) as may be agreed on between the
               Chief Commissioner and the Minister.
  9      Lodging of returns
         (1)   A person who, as at 1 July in any year, is the owner of leviable premises
               must, on or before 1 September in that year, furnish a return to the Chief
               Commissioner in relation to the parking spaces situated on those
               premises at any time during the previous financial year.
               Note. See section 34 of the Taxation Administration Act 1996 which requires a
               return to be in a form approved by the Chief Commissioner, and section 36 of
               that Act which allows the Chief Commissioner to extend the time for lodgment.
         (2)   If the premises are owned by 2 or more persons, the requirements of this
               section are satisfied if a return is furnished by any one of them.
         (3)   A person's obligation to furnish a return under this section continues
               despite any failure by the person to furnish such a return in due time.




Page 4
Parking Space Levy Bill 2009                                              Clause 10

Parking space levies                                                      Part 2




10    Statutory trust
             All parking space levies paid to the Chief Commissioner under this Act
             are subject to a statutory trust for their use for the purposes referred to
             in section 11 (3), and must be used accordingly.
11    Public Transport Fund
       (1)   There is established in the Special Deposits Account an account to be
             called the Public Transport Fund.
       (2)   There is payable into the Public Transport Fund:
             (a) all money appropriated to the Public Transport Fund from the
                   Consolidated Fund, and
             (b) any interest received in respect of the investment of money
                   belonging to the Fund, and
             (c) any money directed to be paid into the Fund by or under this or
                   any other Act.
       (3)   There is payable out of the Public Transport Fund:
             (a) money to finance public transport services, and
             (b) money to finance projects that facilitate access by public
                   transport to and from, or within, leviable districts, including
                   projects for the construction, maintenance and ongoing
                   management of parking facilities, and other such infrastructure,
                   and
             (c) money to finance initiatives for the communication of
                   information to commuters, including initiatives that make use of
                   new technologies, and
             (d) money to pay amounts that become payable under Parts 4 and 10
                   of the Taxation Administration Act 1996 in relation to parking
                   space levies paid to the Chief Commissioner, and
             (e) money that is directed to be paid from the Fund by or under this
                   or any other Act.
       (4)   Money is to be paid out of the Public Transport Fund in accordance with
             directions of the Minister.




                                                                               Page 5
Clause 12         Parking Space Levy Bill 2009

Part 3            Miscellaneous




Part 3         Miscellaneous
12       Chief Commissioner's guidelines
         (1)   The Chief Commissioner may, by order published in the Gazette,
               establish guidelines, not inconsistent with this Act or the regulations, as
               to:
                (a) what does, and what does not, constitute a parking space in any
                      particular circumstances, and
               (b) whether, in particular circumstances, a parking space is, or is not,
                      to be exempted from the calculation of the levy in respect of any
                      leviable premises.
         (2)   Such an order may only be made with the approval of the Minister.
         (3)   In any proceedings in which a matter referred to in subsection (1) (a) or
               (b) is called into question, a court must have regard to any such
               guideline for the purpose of determining the question.
13       Delegation
         (1)   The Minister may delegate to any person any of the Minister's functions
               under this Act, other than this power of delegation.
         (2)   A delegate may subdelegate to any person any function delegated under
               this section if the delegate is authorised in writing to do so by the
               Minister.
14       Regulations
         (1)   The Governor may make regulations, not inconsistent with this Act, for
               or with respect to any matter that by this Act is required or permitted to
               be prescribed or that is necessary or convenient to be prescribed for
               carrying out or giving effect to this Act.
         (2)   In particular, the regulations may make provision for or with respect to
               the following matters:
                (a) the manner in which the number of parking spaces on any
                      leviable premises is to be calculated,
               (b) the amount of the levy payable in respect of leviable premises,
                      and the manner in which it is to be calculated,
                (c) the circumstances in which parking spaces may be exempted
                      from the calculation of the levy,
               (d) the administration of the Public Transport Fund,
                (e) the establishment of arrangements for contributions towards
                      payment of the levy by specified classes of persons who use
                      parking spaces in leviable premises.


Page 6
Parking Space Levy Bill 2009                                                  Clause 15

Miscellaneous                                                                 Part 3




       (3)   A regulation may create an offence punishable by a penalty not
             exceeding 10 penalty units.
15    Parking Space Levy Regulation 2009
       (1)   Schedule 2 is taken to be and has effect as a regulation made under this
             Act.
       (2)   Part 2 of the Subordinate Legislation Act 1989 does not apply to the
             regulation set out in Schedule 2 (but applies to any amendment or repeal
             of the regulation).
       (3)   For the purposes of section 10 of the Subordinate Legislation Act 1989,
             the regulation set out in Schedule 2 is taken to have been published on
             the day on which this section commences.
       (4)   Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to the
             regulation set out in Schedule 2 (but apply to any amendment or repeal
             of the regulation).
       (5)   Schedule 2 is repealed on the day following the day on which this
             section commences.
             Note. The continued effect of the regulation set out in Schedule 2 is unaffected
             by the repeal of Schedule 2. See section 30 of the Interpretation Act 1987.

16    Repeals
             The Parking Space Levy Act 1992 and the Parking Space Levy
             Regulation 1997 are repealed.
17    Amendment of Taxation Administration Act 1996 No 97
       (1)   Omit "Parking Space Levy Act 1992" from section 4.
             Insert instead "Parking Space Levy Act 2009".
       (2)   Omit "Parking Space Levy Act 1992" from section 82 (k) (xiii).
             Insert instead "Parking Space Levy Act 2009".
18    Review of Act
       (1)   The Minister is to review this Act to determine whether the policy
             objectives of the Act remain valid and whether the terms of the Act
             remain appropriate for securing those objectives.
       (2)   The review is to be undertaken as soon as possible after the period of
             5 years from the date of assent to this Act.
       (3)   A report of the outcome of the review is to be tabled in each House of
             Parliament within 12 months after the end of the period of 5 years.




                                                                                    Page 7
                  Parking Space Levy Bill 2009

Schedule 1        Savings, transitional and other provisions




Schedule 1               Savings, transitional and other
                         provisions

Part 1         General
 1    Regulations
         (1)   The regulations may contain provisions of a savings or transitional
               nature consequent on the enactment of the following Acts:
               this Act
         (2)   Any such provision may, if the regulations so provide, take effect from
               the date of assent to the Act concerned or a later date.
         (3)   To the extent to which any such provision takes effect from a date that
               is earlier than the date of its publication on the NSW legislation website,
               the provision does not operate so as:
                (a) to affect, in a manner prejudicial to any person (other than the
                       State or an authority of the State), the rights of that person
                       existing before the date of its publication, or
               (b) to impose liabilities on any person (other than the State or an
                       authority of the State) in respect of anything done or omitted to
                       be done before the date of its publication.

Part 2         Provisions consequent on enactment of this
               Act
 2    Definition
               In this Part:
               the former Act means the Parking Space Levy Act 1992, as in force
               immediately before the commencement of this Act.
 3    Returns under the former Act
               Section 9 of this Act applies to any return that was required to be
               furnished under section 15 of the former Act but that had not been
               furnished before the commencement of this Act.
 4    Obligations of persons in public sector positions
               Any arrangements that, immediately before the commencement of this
               Act, were in force under section 17 of the former Act are taken to have
               been made for the purposes of the regulations under this Act.




Page 8
Parking Space Levy Bill 2009

Savings, transitional and other provisions                              Schedule 1




  5    Public Transport Facilities Fund
              Money held in the Public Transport Facilities Fund established under
              the former Act is to be paid into the Public Transport Fund established
              under this Act.
  6    Operation of Taxation Administration Act 1996
              Anything done under the Taxation Administration Act 1996 for the
              purposes of, or in connection with, the former Act is taken to have been
              done for the purposes of, or in connection with, this Act.




                                                                              Page 9
                Parking Space Levy Bill 2009

Schedule 2      Parking Space Levy Regulation 2009




Schedule 2             Parking Space Levy Regulation 2009
                                                                              (Section 15)
 1    Name of Regulation
             This Regulation is the Parking Space Levy Regulation 2009.
 2    Definitions
      (1)    In this Regulation:
             base rate--see clause 8.
             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--see clause 7.
             mobility parking scheme authority means an authority of that
             description issued pursuant to the regulations under the Road Transport
             (Safety and Traffic Management) Act 1999.
             parking area means that part of any premises that is used, or set aside,
             for the parking of motor vehicles.
             regular parking space means a parking space that is not a stacked
             parking space.
             stacked parking space means a parking space created by a car stacker.
             the Act means the Parking Space Levy Act 2009.
      (2)    Notes included in this Regulation do not form part of this Regulation.
 3    Leviable districts (s 4 (1), definition of "leviable district")
             Each district referred to in Schedule 1 is established as a leviable district
             for the purposes of the Act.
 4    Leviable premises--exclusion of on-street parking (s 7 (2))
             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.
 5    Stacked parking spaces (s 4 (1), definition of "parking space")
             A stacked parking space is declared to be a parking space for the
             purposes of the Act.
 6    Calculation of parking space numbers (s 14)
      (1)    The number of parking spaces on any premises is the sum of:



Page 10
Parking Space Levy Bill 2009

Parking Space Levy Regulation 2009                                     Schedule 2




              (a)   the number of regular parking spaces in each parking area on the
                    premises, and
             (b)    the number of stacked parking spaces on the premises.
       (2)   The number of regular parking spaces in a parking area is the sum of the
             following:
              (a) in respect of those portions of the parking area in which parking
                   spaces are designated in any way:
                    (i) the number of designated parking spaces in those portions,
                         or
                   (ii) the number of parking spaces obtained by dividing the
                         total area of those portions (in square meters) by 18, and
                         disregarding any remainder,
                   whichever is the greater,
             (b) 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
                   meters) by 18, and disregarding any remainder.
       (3)   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.
  7   Exempt parking spaces (s 14)
       (1)   A parking space on leviable premises in a Category 1 or Category 2 area
             is an exempt parking space while it is set aside exclusively for one or
             more of the following purposes:
              (a) the parking of bicycles or motor cycles,
             (b) the parking of motor vehicles by persons who reside on the
                    premises or on adjoining premises,
              (c) the parking of motor vehicles by persons who hold mobility
                    parking scheme authorities,
             (d) 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,
              (e) the parking of motor vehicles by persons who, on a casual basis,
                    provide services to the premises, other than vehicles used by
                    employees, contractors or consultants whose usual place of work
                    is on the premises,
              (f) the parking (without charge) of a mobile crane, a forklift truck, a
                    tractor or a front-end loader,



                                                                           Page 11
                   Parking Space Levy Bill 2009

Schedule 2         Parking Space Levy Regulation 2009




             (g)      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,
             (h)      the parking (without charge) of a motor vehicle used only for the
                      carrying out of deliveries or the provision of services, but only if:
                       (i) the parking space is the one used for garaging the vehicle
                             overnight, and
                      (ii) the owner of the vehicle is also the owner or occupier of
                             the premises,
             (i)      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,
             (j)      in the case of premises owned or occupied by:
                       (i) a religious body or religious organisation in respect of
                             which a proclamation is in force under section 26 of the
                             Marriage Act 1961 of the Commonwealth, or
                      (ii) a religious body within a denomination in respect of which
                             such a proclamation is in force, or
                     (iii) a public charity or public benevolent institution,
                      the parking (without charge) of any motor vehicle.
      (2)    For the purposes of subclause (1) (b), the several lots in a strata scheme
             under the Strata Schemes (Freehold Development) Act 1973 or the
             Strata Schemes (Leasehold Development) Act 1986 are taken to adjoin
             each other, regardless of their location.
      (3)    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.
      (4)    For the purposes of subclause (3):
             (a) 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
             (b) a parking space is an unleased tenant's parking space if it is
                   unavailable for use as a parking space except under a lease or
                   licence under which a tenant of the premises in which it is located
                   has exclusive use of it and no such lease or licence is in force.
      (5)    A parking space on leviable premises in a Category 2 area is an exempt
             parking space while it is set aside exclusively for one or more of the
             following purposes:
              (a) the parking of motor vehicles by customers of a retail shop,


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Parking Space Levy Bill 2009

Parking Space Levy Regulation 2009                                        Schedule 2




             (b)     the parking of motor vehicles on the shopping centres referred to
                     in Schedule 2 by persons employed at a retail shop on those
                     premises,
              (c)    the parking of motor vehicles by guests or customers of a hotel or
                     motel,
             (d)     the parking of motor vehicles by members and guests of members
                     of a registered club,
             (e)     the parking of motor vehicles by customers of a restaurant,
             (f)     the parking of motor vehicles by patients of a medical centre,
             (g)     the parking of motor vehicles by customers of a car sales
                     establishment, car servicing or repair centre, or car wash,
             (h)     the parking of motor vehicles by clients and guests of clients of a
                     funeral parlour,
              (i)    the parking of motor vehicles that are displayed or stored on the
                     premises for the purpose of their being offered for sale or hire.
  8   Base rate (s 8)
       (1)   For the financial year beginning 1 July 2009, the base rate of the levy is:
             (a) $2,000, in relation to premises in a Category 1 area, and
             (b) $710, in relation to premises in a Category 2 area.
       (2)   For any subsequent financial year, the base rate of the levy in relation to
             premises in a Category 1 or Category 2 area is the CPI adjusted levy for
             premises in that area, as determined in accordance with the following
             formula:
                 L×A
             C = -------------
                             -
                      B
             where:
             C is the CPI adjusted levy being determined (with amounts of less than
             $5 being rounded down to the next lower multiple of $10 and amounts
             of $5 or more being rounded up to the next higher multiple of $10).
             L is the base rate for the base year for premises in that area.
             A is the sum of the consumer price index numbers for the June,
             September, December and March quarters immediately prior to 1 April
             of the year preceding the financial year for which the base rate is being
             calculated.
             B is the sum of the consumer price index numbers for the June,
             September, December and March quarters immediately prior to 1 April
             of the year preceding the base year.




                                                                              Page 13
                Parking Space Levy Bill 2009

Schedule 2      Parking Space Levy Regulation 2009




      (3)    In this clause:
             base year means the financial year for which the base rate is fixed under
             subclause (1).
             consumer price index means the Consumer Price Index (All Groups
             Index) for Sydney issued by the Australian Statistician.
 9    Amount of levy (s 8)
             The amount of the levy for any premises for any financial year is the
             sum of the amounts determined in accordance with the following
             formula in relation to each parking space on the premises:
                 B×N
             A = -------------
                             -
                      Y
             where:
             A represents the amount payable in relation to the parking space.
             B represents the base rate of the levy for the premises for that year.
             N represents the number of days during the previous financial year for
             which:
             (a) the premises were in a leviable district, and
             (b) the parking space was in existence, and
             (c) the parking space was not an exempt parking space.
             Y represents the number of days in the previous financial year (365 or
             366, as the case may be).
10    Notice of base rate
      (1)    On or before 1 July in each financial year, the Minister is to publish a
             notice in the Gazette specifying the base rate of the levy for that year:
             (a) for premises within the Category 1 areas, and
             (b) for premises within the Category 2 areas,
             as fixed under clause 8.
      (2)    A failure to publish such a notice for a financial year does not affect the
             validity of the levy for that year.
11    Obligations of persons in government service positions
      (1)    This clause applies to a government employee who is entitled to use one
             or more parking spaces in his or her capacity as a government
             employee, other than a government employee who is the holder of a
             mobility parking scheme authority.
      (2)    The government employee must make arrangements for payment of the
             whole or a proportion of the levy payable for one of those spaces


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Parking Space Levy Bill 2009

Parking Space Levy Regulation 2009                                       Schedule 2




             commensurate with the use the person makes of the space or spaces in
             conjunction with travel by the person to or from the person's place of
             work for duties during the person's normal working hours at that place.
       (3)   Those arrangements must be entered into with the relevant person on or
             before:
             (a) the day occurring one month after the relevant entitlement arises,
                   or
             (b) 1 September in the relevant financial year,
             whichever is the later.
       (4)   Payments in accordance with those arrangements are to be made by the
             government employee out of his or her remuneration as a government
             employee.
       (5)   This clause applies despite any contract to the contrary.
       (6)   In this clause:
             government employee means a person who holds a government service
             position.
             government service position means:
              (a) a position in the Chief Executive Service or Senior Executive
                    Service under the Public Sector Employment and Management
                    Act 2002 or in the NSW Police Force Senior Executive Service
                    under the Police Act 1990, or
             (b) a position in the Government Service, in the NSW Police Force,
                    in the Teaching Service, in the service of a public authority or in
                    the service of Parliament, or
              (c) a statutory position (or other position in the service of the Crown)
                    to which an appointment is made by the Governor, a Minister or
                    a Department Head, or
             (d) the office of a member of the Legislative Council or of the
                    Legislative Assembly, or
              (e) the office of a Minister of the Crown.
             position includes a position to which a person is appointed or employed
             under a contract of services or under a contract for services and any
             employment (whether or not a separate position).
             relevant person, in relation to a government employee, means the
             person specified in Schedule 3 in relation to the government service
             position held by that employee, or such other person as that person may
             nominate for the purposes of this clause.
       (7)   An amendment to Schedule 3 does not apply to arrangements in force
             immediately before the commencement of the amendment, and that



                                                                             Page 15
                Parking Space Levy Bill 2009

Schedule 2      Parking Space Levy Regulation 2009




             Schedule, as in force when the arrangements were entered into,
             continues to apply to the arrangements as if it had not been amended.

Schedule 1              Leviable districts
                                                                   (Clauses 2 and 3)

Part 1       Category 1 areas
 1    City of Sydney
             That part of the City of Sydney shown edged with a heavy unbroken line
             on the map marked "Parking Space Levy Act 2009--City of Sydney--
             Leviable District", signed by the Minister and deposited in the offices
             of the Ministry of Transport.
             Note. An illustration of the map is as follows:




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Parking Space Levy Bill 2009

Parking Space Levy Regulation 2009   Schedule 2




                                        Page 17
                Parking Space Levy Bill 2009

Schedule 2      Parking Space Levy Regulation 2009




 2    North Sydney
             That part of North Sydney shown edged with a heavy broken line on the
             map marked "Parking Space Levy Act 2009--North Sydney--Leviable
             District", signed by the Minister and deposited in the offices of the
             Ministry of Transport.
             Note. An illustration of the map is as follows:




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Parking Space Levy Bill 2009

Parking Space Levy Regulation 2009   Schedule 2




                                        Page 19
                Parking Space Levy Bill 2009

Schedule 2      Parking Space Levy Regulation 2009




Part 2       Category 2 areas
 3    Bondi Junction
             That part of Bondi Junction shown edged with a heavy broken line on
             the map marked "Parking Space Levy Act 2009--Bondi Junction--
             Leviable District", signed by the Minister and deposited in the offices
             of the Ministry of Transport.
             Note. An illustration of the map is as follows:




 4    Chatswood
             That part of Chatswood shown edged with a heavy broken line on the
             map marked "Parking Space Levy Act 2009--Chatswood--Leviable
             District", signed by the Minister and deposited in the offices of the
             Ministry of Transport.
             Note. An illustration of the map is as follows:




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Parking Space Levy Regulation 2009   Schedule 2




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Schedule 2      Parking Space Levy Regulation 2009




 5    Parramatta
             That part of Parramatta shown edged with a heavy broken line on the
             map marked "Parking Space Levy Act 2009--Parramatta--Leviable
             District", signed by the Minister and deposited in the offices of the
             Ministry of Transport.
             Note. An illustration of the map is as follows:




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Parking Space Levy Regulation 2009   Schedule 2




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                 Parking Space Levy Bill 2009

Schedule 2       Parking Space Levy Regulation 2009




 6    St Leonards
             That part of St Leonards shown edged with a heavy broken line on the
             map marked "Parking Space Levy Act 2009--St Leonards--Leviable
             District", signed by the Minister and deposited in the offices of the
             Ministry of Transport.
             Note. An illustration of the map is as follows:




Schedule 2              Shopping centres
                                                                                 (Clause 7)


Premises                       Address                   Bounded generally by
Bondi Junction
Eastgate Shopping Centre       71-85 Spring Street,      Spring St, Newland St and Ebley St
                               Bondi Junction




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Parking Space Levy Bill 2009

Parking Space Levy Regulation 2009                                             Schedule 2




Premises                       Address                   Bounded generally by
Westfield Bondi Junction       480-510 Oxford         Grafton St, Grosvenor St,
Shopping Centre                Street, Bondi Junction Bronte Rd, Gray St, Ann St,
                                                      Ebley St, Hollywood Ave and
                                                      Adelaide St
Chatswood
Chatswood Chase Shopping       345 Victoria Avenue,      Archer St, Victoria Ave and
Centre                         Chatswood                 Havilah St
Myer Department Store          49-51 Albert Avenue,      Victor St, Albert Ave, Anderson St
                               Chatswood                 and Victoria Ave Mall
Westfield Chatswood            1 Anderson Street,        Anderson St, Albert Ave, Spring St
Shopping Centre                Chatswood                 and Victoria Ave
Parramatta
Westfield Parramatta           159-175 Church            Argyle, O'Connell, Campbell and
Shopping Centre                Street, Parramatta        Church Sts

Schedule 3              Public sector arrangements
                                                                                  (Clause 11)


1     A person holding office in the Chief     The person with whom the person in that
      Executive Service or Senior Executive    position has entered into a contract of
      Service under the Public Sector          employment in accordance with that Act
      Employment and Management Act 2002 or
      in the NSW Police Force Senior Executive
      Service under the Police Act 1990
2     A person in a position in the Government      The appropriate Department Head,
      Service                                       within the meaning of the Public Sector
                                                    Employment and Management Act 2002
3     A person in a position in the NSW Police      The Commissioner of Police
      Force
4     A person in a position in the Teaching        The Director-General of the Department
      Service                                       of Education and Training
5     A person in a position in the service of a    The chief executive of that authority
      public authority




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                Parking Space Levy Bill 2009

Schedule 2      Parking Space Levy Regulation 2009




6    A person in a statutory position (or any    The person who for the time being
     position in the service of the Crown not    makes appointments to such a position
     otherwise covered in this Table)            or, if made by the Governor, the Minister
                                                 who for the time being makes
                                                 recommendations for appointments to
                                                 such a position
7    A person holding the office of a member     The Clerk of the Legislative Council
     of the Legislative Council
8    A person in a position in the service of the The Clerk of the Legislative Council
     Legislative Council
9    A person holding the office of a member     The Clerk of the Legislative Assembly
     of the Legislative Assembly
10   A person in a position in the service of the The Clerk of the Legislative Assembly
     Legislative Assembly
11   A member of the joint personnel of          The Clerk of the Legislative Council and
     Parliament                                  the Clerk of the Legislative Assembly
12   A person holding the office of a Minister   The Treasurer
     of the Crown




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