Private Parking Areas Act 1986 (SA)

South Australia Private Parking Areas Act 1986 An Act to regulate, restrict or prohibit the use by the public of private access roads, private walkways, and private parking areas; to make special provision for the enforcement of provisions relating to private parking areas; and for other purposes.

Contents Part 1—Preliminary 1 Short title 4 Interpretation Part 2—Conditions of use of private walkways and private access roads 5 Conditions for use of private walkway or private access roads 6 Offences Part 3—Parking on private parking areas 7 Owner of private parking area may impose time limits and may set aside any part as a disabled persons parking area, no parking area etc 8 Offences—driver and owner to be guilty 8A Enforcement in disabled persons parking areas Part 4—Agreements 9 Agreements by owner of private parking area and council for the area Part 5—Miscellaneous 10 Proof of private walkway etc 11 Exemption of fire, ambulance and police vehicles 12 Effect of user by public of private access road etc 13 Regulated shopping centre parking areas 14 Summary offences 15 Regulations 16 Incorporation of standards Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Private Parking Areas Act 1986. 4—Interpretation (1) In this Act, unless the contrary intention appears— Adelaide CBD means the area of the City of Adelaide bounded— (a) on the north by the northern bank of the River Torrens; and (b) on the south by the northern alignment of South Terrace; and (c) on the east by the western alignment of East Terrace and its prolongation north to the northern bank of the River Torrens; and (d) on the west by the eastern alignment of West Terrace and its prolongation north to the northern bank of the River Torrens; authorised officer means a person who is an authorised person for the purposes of the Local Government Act 1934 and includes a member of the police force; council means a council as defined in the Local Government Act 1934; council area means the area in relation to which a council is constituted; disabled persons parking area means any part of a private parking area marked out by signs or a combination of signs and lines, as a disabled persons parking area; disabled persons parking permit means— (a) a permit issued under section 98R of the Motor Vehicles Act 1959; or (b) a similar permit or authority issued under the law of another State, or a Territory, of the Commonwealth; driver includes a rider; exempt vehicle means— (a) a vehicle that is being used by an authorised officer in the course of official duties; or (b) a fire services vehicle that is being used for purposes related to fire fighting or fire prevention; or (c) an ambulance or similar vehicle; or (d) a police vehicle; or (e) a vehicle that is being used for the purposes of the South Australian State Emergency Service; or (f) a vehicle that is being used for purposes related to road safety or road maintenance or repair; lease has the same meaning as in the Retail and Commercial Leases Act 1995; loading area means any part of a private parking area marked out by signs or a combination of signs and lines as a loading area; major retail shopping centre means a retail shopping centre where the total of the lettable areas of all the retail shops (whether leased or available for lease) in the retail shopping centre is 34 000 m² or more, but does not include a retail shopping centre within the Adelaide CBD; no standing area means any part of a private parking area marked out by signs or a combination of signs and lines as a no standing area; owner, in relation to land, means— (a) the holder of an estate in fee simple in that land; (b) where the land is subject to a registered estate or interest conferring a right to possession—the proprietor of that estate or interest; (c) where the land consists of a registered easement or right of way—the proprietor of the easement or right of way; (d) where the land is not alienated from the Crown—the Minister or instrumentality of the Crown that has the care, control and management of the land, and reference to the owner of a private walkway, private access road, private parking area or regulated shopping centre parking area is a reference to the owner of the land on which the walkway, access road or parking area is situated; owner, in relation to a motor vehicle, means— (a) the person registered as the owner of the motor vehicle; or (b) a person to whom ownership of a motor vehicle has been transferred (notwithstanding that the motor vehicle has not yet been registered in the name of that person); or (c) a person who has possession of the motor vehicle by virtue of the hire or bailment of the motor vehicle; to park includes to leave standing; permit parking area means a part of a private parking area marked out by signs or a combination of signs and lines as a permit parking area; private access road means a road— (a) provided on land by the owner for access by vehicles or pedestrians (or both) to premises of the owner; and (b) marked by a notice denoting it as a private access road; private parking area means an area— (a) provided on land by the owner for the parking of vehicles used by persons frequenting premises of the owner; and (b) marked by a notice denoting it as a private parking area, (and an area is capable of constituting a private parking area notwithstanding that certain parts of that area are no standing areas or the whole or part of the area is also a regulated shopping centre parking area); private walkway means a pedestrian thoroughfare— (a) provided on land by the owner for use by pedestrians for access to premises of the owner; and (b) marked by a notice denoting it as a private walkway; regulated shopping centre parking area means an area provided on land by the owner for the parking of vehicles used by persons frequenting a major retail shopping centre; restricted parking area means a part of a private parking area marked by signs or a combination of signs and lines as a parking area reserved for the use of a stipulated class of motor vehicle; retail shop and retail shopping centre have the same respective meanings as they do in the Retail and Commercial Leases Act 1995; vehicle does not include a wheel chair. (2) If there are two or more owners of the same land, the powers conferred on the owners by this Act can only be exercised— (a) by the owners acting jointly; or (b) by one of the owners who is, by the agreement of all, empowered to act on behalf of all of them.