8Exempt parking spaces (section 14)

#### 8 Exempt parking spaces (section 14) 8 Exempt parking spaces (section 14) > > (1) A parking space on leviable premises in a Category 1 or Category 2 area is an exempt parking space while it is set aside and used exclusively for one or more of the following purposes— > > > > > (a) the parking of bicycles or motor cycles, > > > > > (b) the parking of motor vehicles by persons who reside on the premises or on adjoining premises, > > > > > (c) the parking of motor vehicles by persons who hold mobility parking scheme authorities, > > > > > (d) the parking of motor vehicles for the purpose of loading or unloading goods or passengers, but not if vehicles are permitted to park in the space otherwise than while goods or passengers are being loaded or unloaded, > > > > > (e) (Repealed) > > > > > (f) the parking (without charge) of a mobile crane, a forklift truck, a tractor or a front-end loader, > > > > > (g) the parking (without charge) of an ambulance, fire brigade motor vehicle or police motor vehicle, but only if the parking space is the one used for garaging the vehicle overnight, > > > > > (h) the parking (without charge) of a motor vehicle used only for the carrying out of deliveries or the provision of services from the premises, but only if— > > > > > > > (i) the parking space is the one used for garaging the vehicle overnight, and > > > > > > > (ii) the owner of the vehicle is also the owner or occupier of the premises, > > > > > (i) in the case of premises owned or occupied by the council of the local government area, the parking (without charge) of motor vehicles by persons other than officers or employees of the council. > > > > > (j) (Repealed) > > > (2) For the purposes of subclause (1) (b), the several lots in a strata scheme under the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051) are taken to adjoin each other, regardless of their location. > > > (2A) For subclause (1)(c), a parking space is exempt only if the space complies with— > > > > > (a) AS 2890.6:2022, Parking facilities, Part 6: Off-street parking for people with disabilities or the equivalent standard in force when the parking space was set aside in accordance with subclause (1)(c), or > > > > > (b) the requirements set out in the guidelines. > > > (2B) For subclause (1)(h), the maximum number of exempt parking spaces for each premises is 10. > > > (3) A parking space on leviable premises in a Category 1 or Category 2 area is an exempt parking space while it is an unused casual parking space or an unleased tenant’s parking space. > > > (4) For the purposes of subclause (3)— > > > > > (a) a parking space is an unused casual parking space if it is set aside for use by the public for the parking of motor vehicles but remains unused for that purpose, and > > > > > (b) a parking space is an unleased tenant’s parking space if— > > > > > > > (i) it is attached to commercial premises, and > > > > > > > (ii) it is unavailable for use as a parking space by a person other than a lessee or licensee of the commercial premises, and > > > > > > > (iii) there is no lessee or licensee of the commercial premises to whom the parking space is allocated. > > > (5) A parking space on leviable premises in a Category 2 area is an exempt parking space while it is set aside and used exclusively for one or more of the following purposes— > > > > > (a) the parking of motor vehicles by customers of a retail shop while making use of the shop, > > > > > (b) the parking of motor vehicles on the shopping centres referred to in Schedule 2 by persons employed at a retail shop on those premises, > > > > > (c) the parking of motor vehicles by guests or customers of a hotel or motel, > > > > > (d) the parking of motor vehicles by members and guests of members of a registered club, > > > > > (e) the parking of motor vehicles by customers of a restaurant while making use of the restaurant, > > > > > (f) the parking of motor vehicles by patients of a medical centre while making use of the centre, > > > > > (g) the parking of motor vehicles by customers of a car sales establishment, car servicing or repair centre, or car wash while making use of the establishment, centre or car wash, > > > > > (h) the parking of motor vehicles by clients and guests of clients of a funeral home while making use of the funeral home, > > > > > (i) the parking of motor vehicles that are displayed or stored on the premises for the purpose of their being offered for sale or hire. > > > (6) In this clause— > > > > commercial premises has the same meaning as in the standard instrument set out in the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155). > > > > medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services. > > > > retail shop has the same meaning as in the [Retail Leases Act 1994](/view/html/inforce/current/act-1994-046). > > **cl 8:** Am 2025 (213), Sch 1\[4\]–\[15\].