88Review or correction of error

88 Review or correction of error (1) This regulation applies in relation to: (a) a person named in the parking usage schedule as the owner or occupier of a parcel of land; or (b) a person who is liable for the payment of the municipal parking rate in respect of a parcel of land.

Local Government (General) Regulations 2021 45 (2) The person may, before the date specified in the notice published under regulation 87, by written notice to the council, apply for a review in relation to an entry in the parking usage schedule on the following grounds: (a) that the person is not the person liable to pay the municipal parking rate in respect of the parcel of land; (b) that, in relation to land in respect of which the person is liable to pay the municipal parking rate, the parking usage schedule contains an error or omission which affects the calculation of the parking spaces which should be provided on the land; (c) that the number of parking spaces on the land is greater than that stated in the parking usage schedule; (d) that the parking usage schedule otherwise contains an error which affects the calculation of the municipal parking rate payable. (3) The CEO may: (a) decide the application lodged under subregulation (2); or (b) refer the application lodged under subregulation (2) to the council or council committee to decide. (4) The CEO, council or council committee may, in writing, request further information from the person in relation to the application. (5) The request under subregulation (4) must be made as soon as practicable but no later than 90 days after receiving the application. (6) The CEO must give the person a decision notice for the application and notify the person of the date the decision takes effect: (a) as soon as practicable but no later than 90 days after receiving the application; or (b) if the CEO, council or council committee has requested further information under subregulation (4) – as soon as practicable but no later than 90 days after receiving the information or notification that the applicant cannot provide the information. (7) A decision under subregulation (6) is reviewable. (8) The person continues to be liable for the payment of the municipal parking rate according to the parking usage schedule despite the lodgement of an application under subregulation (2).

Local Government (General) Regulations 2021 46 (9) However, the person is entitled to the difference in municipal parking rates amounts if: (a) as a result of a review of or correction to the parking usage schedule, the difference in rates amounts to an entitlement; and (b) person has paid to the council the amount of the difference before the result of the review of or correction to the parking usage schedule.