Victorian Numbered Acts

CONGESTION LEVY ACT 2005 (NO 74 OF 2005) - SECT 3

    (1)     In this Act—

"car park" means premises or part of premises in the levy area that contain one or more parking spaces;

"CPI adjusted levy" has the meaning given in section 11;

"exempt parking space" means a parking space declared by or under Part 4 to be an exempt parking space;

"leviable parking space" means a long stay parking space in a car park that is not an exempt parking space;

"levy" means the levy imposed by section 8;

"levy area" means the area described in Schedule 1;

"levy year" means a year for which the levy is being assessed;

"long stay parking space" has the meaning given in section 4 ;

"motor vehicle" does not include a motor cycle;

"operator" of a public car park means a person who is not the owner of the premises on which the car park is situated but who operates the car park under a lease, licence or other arrangement;

"owner" of premises means—

        (a)     a person who holds a freehold interest in the land on which the premises are situated;

        (b)     if the premises are on Crown land—

              (i)     if the land is unalienated Crown land—the Crown;

              (ii)     if the Crown has granted a lease or licence over the land—the lessee or licensee of the land;

"parking space" means—

        (a)     a space set aside for the parking of a motor vehicle, whether or not the space is used for the parking of a motor vehicle and whether or not the space is permanently delineated as such; or

        (b)     a space used for the parking of a motor vehicle, whether or not the space is permanently delineated as such—

but does not include a space that is part of the carriageway of any street, road or lane open to or used by the public;

"premises" includes vacant land;

"private car park" means a car park or part of a car park that is not a public car park;

"public car park" means a car park the predominant number of parking spaces in which are set aside for, or used by, the general public, whether on a casual basis or under any kind of longer-term arrangement, but does not include part of a car park determined by the Commissioner under sub-section (2) not to be a public car park;

"working day" means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993 ;

"year" means a calendar year.

    (2)     The Commissioner may determine that part of a car park is not a public car park for the purposes of this Act if satisfied that the part is set aside or used for parking by an owner or a tenant of the premises on which the car park is situated.