Parking Space Levy Act 2009 (NSW)

Parking Space Levy Act 2009 No 5

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.

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 (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 Development Act 2015, the owners corporation for that scheme constituted under the Strata Schemes Management Act 2015, and (f) in the case of premises that are a community, precinct or neighbourhood scheme within the meaning of the Community Land Development Act 2021, 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.