New South Wales Repealed Regulations

This legislation has been repealed.

PARKING SPACE LEVY REGULATION 1997 - REG 6B

6B Assessment of exemptions for parking spaces

(1) In assessing for the purposes of section 7 of the Act whether a parking space is set aside for a purpose, the Chief Commissioner is to have regard to the following principles:

(a) the presence of measures (such as access control measures) or other features to limit the use of a parking space to use for a particular purpose or purposes indicates that the parking space is set aside for that purpose or those purposes,

(b) the absence of measures or other features as described in paragraph (a) indicates that a parking space is not set aside for any particular purpose,

(c) a parking space in a parking area that forms part of a retail shopping centre (being a parking area that is in the same building as the shopping centre and that operates generally only at times when shops in the shopping centre are open for business) should be considered to be set aside for the parking of a motor vehicle by customers of a retail shop, unless the parking space is a non-retail space as provided by subclause (2),

(d) the fact that a parking space is available or permitted to be used for a purpose, or is indicated (by advertising or otherwise) to be available for use for a purpose, does not of itself indicate that the parking space is set aside for that purpose.

(2) A parking space is a "non-retail space" for the purposes of subclause (1) (c) if it is available for the use of persons who may not be customers of a retail shop in the retail shopping centre concerned.

(3) In assessing for the purposes of section 7 of the Act whether a parking space on premises is used exclusively for a purpose, the Chief Commissioner may make a determination based on such investigation, study or survey as to the use of parking spaces on the premises as the Chief Commissioner thinks fit.

(4) For the purposes of the making of a determination under subclause (3), the Chief Commissioner may require the owner of premises on which there is a parking space to which the Act applies to carry out and report the results of such investigation, study or survey as to the use of parking spaces on the premises as the Chief Commissioner may from time to time direct.