LOCAL GOVERNMENT ACT 1993 - SECT 650A Strata parking areas and community scheme parking areas

LOCAL GOVERNMENT ACT 1993 - SECT 650A

650A Strata parking areas and community scheme parking areas

(1) The driver of a vehicle parked in a strata parking area or a community scheme parking area established under this section otherwise than as permitted by a notice or sign erected by the council is guilty of an offence.

: Maximum penalty--10 penalty units.

(2) The terms of the notice or sign may relate to any one or more of the following--

(a) the time during which residents or visitors may use the parking area,

(b) the maximum period for which a vehicle may be parked in the parking area (or in any part of the parking area),

(c) the designation of a parking space within the parking area as a space for the sole use of persons with disabilities.

(3) For the purposes of this section, a vehicle parked otherwise than as permitted by any such notice or sign includes a vehicle parked in a parking space designated as a space for the sole use of persons with disabilities, unless--

(a) a parking authority for a person with disabilities is displayed on the vehicle in the manner specified in the authority, and

(b) the conditions specified in the authority are being observed, and

(c) the authority is in force.

(4) If spaces in which a vehicle may be parked in a strata parking area or community scheme parking area are marked by the council or the owners corporation or association (for example, by means of painted lines or by studs, pads or plates), a person must not cause a vehicle to be parked in the parking area--

(a) otherwise than in such a parking space, or

(b) in a parking space in which another vehicle is parked, or

(c) so that any part of the vehicle is on or across (or partly on or across) any line, stud, pad, plate or other mark defining the space or so that the vehicle is not wholly within the space.

: Maximum penalty--5 penalty units.

(5) The driver of a vehicle in a strata parking area or community scheme parking area must at all times observe and comply with any reasonable direction of any authorised person regarding the parking or movement of the vehicle within the parking area.

: Maximum penalty--5 penalty units.

(6) The owners corporation of a strata scheme under the Strata Schemes Management Act 2015 may enter into an agreement with the council under which part of the common property of the scheme is set aside for use as a strata parking area and the council exercises functions under this section, including the erection of notices and signs.

(7) The association of a community, precinct or neighbourhood scheme under the Community Land Management Act 2021 may enter into an agreement with the council under which part of the land within the scheme is set aside for use as a community scheme parking area and the council exercises functions under this section, including the erection of notices and signs.

(8) It is the duty of the Director-General to establish guidelines to be followed by councils in relation to agreements of the kind referred to in subsection (6) or (7), including guidelines as to--

(a) the circumstances in which a council may enter into an agreement, and

(b) the matters for which an agreement must or must not make provision, and

(c) the exercise by a council of any functions conferred on it by an agreement.

(9) An agreement for a strata parking area, and any other agreement conferring functions on a council in relation to a strata parking area, must be approved by special resolution of the owners corporation and must comply with any requirements for such schemes prescribed by regulations under the Strata Schemes Management Act 2015 .

(10) An agreement for a community scheme parking area, and any other agreement conferring functions on a council in relation to a community scheme parking area, must be approved by special resolution of the association and must comply with any requirements for such schemes prescribed by regulations under the Community Land Management Act 2021 .