Perth Parking Management Regulations 1999

The Regulations organise around a small set of recurring legal concepts: geographic scope, prescribed circumstances and exemptions, licence application and variation requirements, fee schedules, and civil enforcement through infringement notices.

Geographic scope and boundary. Regulation 4 makes the Perth parking management area the area within the bold dashed line shown in the Schedule 1 diagrams. The diagrams, as inserted by SL 2022/51 (noted in the Regulations), are the operative boundary markers. Practically, the Act’s licensing, offence and enforcement provisions operate only in respect of land or buildings inside that mapped boundary. Any compliance question therefore starts with whether the land is inside the Schedule 1 diagram (Regulation 4 and Schedule 1).

Imported definitions and cross-references. Regulation 3 imports definitions from other instruments, rather than re‑defining them. Carriageway has the meaning given in the Road Traffic Code 2000, while road and private road have the meanings in the Land Administration Act 1997. The defined phrase vehicle of a disabled person is tied to the Local Government (Parking for People with Disabilities) Regulations 2014 regulation 4, which requires identification by a disability parking permit. The effect is that the Regulations leverage existing statutory definitions used by other road and land regimes, creating cross-instrument semantic consistency, and possibly creating dependence on those other instruments if their definitions change.

Prescribed circumstances and exemptions. Regulation 5 lists circumstances in which a vehicle is treated as parked in “prescribed circumstances” for the purposes of section 7(c) of the Act. The list includes resident bays on private buildings set aside by owners, visitor bays set aside by owners, bays used by residents who work from home, special-event parking areas provided by the City of Perth, and parking within King’s Park. These are functional exemptions or carve-outs from the Act’s normal licensing scope, and they are sharply fact-specific. The Regulations therefore delineate which vehicles and bays may be outside the licensing/fee regime or treated differently under the Act.

Licensing documentation and planning approvals. Regulation 6 prescribes what must accompany an application for a parking bay licence: applicant name and address, land address, and an approval under the Planning and Development Act 2005 showing the number of parking bays approved and the uses for which they are approved. Where the planning approval predates the Regulations, a statutory declaration may be supplied instead. Regulation 8 applies similar documentary requirements to licence variation applications and requires a further planning approval when variation would increase the number of bays above the previously approved number. This creates a direct regulatory linkage between parking licensing and the planning approval process.

Fees and fee classes. Schedule 2 sets out the annual licence fee structure. Many bays and categories are nil fee (items 1 to 10 and 12 to 14), while facilities with more than five bays are charged per bay rates varying by bay type. Examples: public bays available without time constraints are $1,256.90 per bay annually (item 11(b)), bays on a carriageway $1,155.60 (item 11(c)), and a surcharge applies when instalment payment is permitted by the CEO , an increase of 5 per cent to the annual fee (Regulation 7(2)). The fee structure therefore creates price signals by bay type and by public availability.

Infringement framework and forms. Regulations 9 and 10 map specific Act offences to infringement notices and set the modified penalties in Schedule 3. Key offences include permitting parking without a licence (s 7) for which the modified penalty is $500 (Schedule 3 item 1), failing to notify a change in ownership for a licensed land or building ($200, item 2), failing to comply with a parking bay licence or advertising non-permitted parking ($500, items 3 to 5), and obstructing an inspector ($500, item 6). Regulations 11 and 12 specify the form of infringement notice and notice of withdrawal respectively (Schedules 4 and 5), and Schedule 4 sets a 28-day period to pay the modified penalty in lieu of prosecution.

Taken together, these concepts create a system that links planning approvals to licence eligibility, charges licence fees to certain categories of parking supply, provides exemptions and clarifications for residential and special-purpose bays, and enforces compliance through civil penalty notices with standardised forms and specified modified penalties.

The Regulations affect a focused set of actors: owners of land or buildings within the Perth parking management area, licensees of parking bay licences, applicants for licence variations, users of parking facilities inside the area, inspectors and enforcement staff, and the Departmental CEO named in the infringement form.

Owners and licensees. If you own land or a building inside the Schedule 1 boundary, you are directly in scope. Regulation 6 requires an owner applying for a parking bay licence to provide name and address and planning approval material, so owners are the primary obliged persons for obtaining and renewing licences. Regulation 8 requires licensees to submit particulars for variations and, where increases in bays are sought, fresh planning approval. Schedule 3 prescribes offences that apply to owners and licensees: permitting vehicles to park without a licence (s 7) attracts a modified penalty of $500 (Schedule 3 item 1), and failing to give notice of change in ownership for licensed land is $200 (item 2). Owners therefore carry administrative duties of application, notification and ensuring advertised parking complies with the licence (see advertising offences at Schedule 3 items 4 and 5).

Residents and visitors. Regulation 5 creates a class of parked vehicles that are treated as in prescribed circumstances, including vehicles parked by permanent residents in spaces set aside by a building owner, visitors parked in spaces set aside for visitors by the owner, and residents who work from home. The definition affects how licence requirements and enforcement apply to those parked vehicles. Residents who use bays set aside by the owner for residents are likely to be outside licensing obligations that would otherwise apply to the landowner-provided bays, but the mechanism is fact dependent and depends on whether the bay is genuinely set aside for that use by the building owner (Regulation 5(a) to (c)).

Special purpose users. Vehicles parked in areas provided by the City of Perth for special events, and users of those event parking areas, are specifically included in prescribed circumstances (Regulation 5(d)). Parking within King’s Park is explicitly included (Regulation 5(e)). Schedule 2 also identifies specific functional exemptions such as bays for unloading and loading, bays for ambulance or operational Police or fire brigade vehicles, bays used for servicing, maintenance, or motor vehicle dealer stock, and bays used by charities or to transport patients or deliver meals. Those categories are all listed as nil-fee categories in Schedule 2 items 2 to 10, and so the Regulations affect those users by removing or reducing licence fee burdens where the item circumstances apply.

Commercial parking facility operators. Facilities with more than five parking bays are subject to per-bay fees under Schedule 2 item 11. Different rates apply depending on bay type: public, carriageway, short-stay mix, or other. Commercial operators therefore face a calculable annual levy per bay and an operational choice whether to register, pay the licence fee, and ensure the planning approvals align with the licensed number of bays (Regulation 6). The 5 per cent surcharge for instalment payment authorised by the CEO (Regulation 7(2)) increases the cost if operators seek payment flexibility.

Enforcement officers and the CEO. Inspectors and enforcement officers are implicated by Schedule 3 item 6, which makes obstructing an inspector an offence with a $500 modified penalty. Regulation 11 prescribes the form of infringement notice (Schedule 4) and Regulation 12 prescribes the form of withdrawal (Schedule 5). The forms name the CEO of the Department for Planning and Infrastructure as recipient of payment in Schedule 4, tying enforcement processes administratively to that office and to the Department’s collection function.

Third parties. Bodies whose definitions are imported by Regulation 3, such as fire brigades (Fire Brigades Act 1942), the Road Traffic Code 2000 and the Land Administration Act 1997, are indirectly implicated because their definitions determine the scope of carriageway and road, and because operational exceptions address emergency and operational vehicles. Local governments or religious bodies and schools are affected where Schedule 2 provides nil-fee bays for specific purposes and locations (items 12 and 13).

Overall, the Regulations most directly affect landowners and licence-holders inside the mapped Perth area, including commercial parking operators and building owners, while also defining exemptions affecting residents, visitors, emergency and operational service vehicles, charities, and certain community uses.

The Regulations establish layered duties on owners, licensees and applicants, and provide rights (or procedural options) connected to infringement notices.

Duty to establish geographic applicability. The initial duty is to determine whether land or a building lies within the Perth parking management area as defined by Schedule 1 and Regulation 4. The Regulations make the Schedule diagrams the operative instrument to define the boundary. That determination is a precondition to the downstream duties to seek licences and comply with licensing conditions.

Licence application and document provision duties. Regulation 6 prescribes required contents for a parking bay licence application by the owner of land or building. Applicants must include the name and address of the applicant, the address of the land or building, and an approval under the Planning and Development Act 2005 indicating the number of parking bays approved and the uses for which they are approved (Regulation 6(1)(a) to (c)). Where an approval predates the commencement of these Regulations, a statutory declaration that declares the approval was issued and indicates the number of bays and approved uses is acceptable (Regulation 6(2)). Failure to include these documents can result in the application being defective or rejected, and can complicate compliance with licensing and fee obligations.

Duty to notify changes in ownership. Schedule 3 item 2 designates failing to give notice of a change in the ownership of land or a building for which a parking bay licence is in force as an infringement offence with a $200 modified penalty. The duty is therefore on a licensee or owner to notify the licensing authority of ownership changes.

Duty to comply with licence conditions and not advertise beyond licence scope. Section references in Schedule 3 indicate that failing to comply with a parking bay licence (s 18(1)) and advertising availability inconsistent with the licence (s 18(2)) or advertising availability when no licence is in force (s 18(3)) are offences, each with a $500 modified penalty (Schedule 3 items 3 to 5). Practically, licensees must ensure that signage, marketing materials and representations about parking availability match the licence permissions and do not advertise non-permitted parking.

Duty to supply approvals for variation requests. Regulation 8 requires that a licence variation application include the licensee’s name and address, the address to which the licence applies, particulars of the variation sought, and any further planning approval required where the number of bays will increase beyond the number previously approved under the Planning and Development Act 2005 (Regulation 8(1) to (2)). This fixes a procedural requirement that links licence quantity to planning approvals and creates a barrier to unilateral increases in bay numbers without fresh planning permission.

Payment duties and financial consequences. Regulation 7(1) and Schedule 2 fix annual fees by facility and bay type. Licence-holders who choose or are permitted to pay by instalments face an automatic increase of 5 per cent in the annual fee (Regulation 7(2)). The duty to pay fees is therefore clearly expressed and quantifiable; non-payment risks enforcement under the Act and the issuance of infringement notices where relevant.

Duty not to obstruct inspectors. Schedule 3 item 6 makes obstructing an inspector in the performance of functions or powers under the Act an offence with a $500 modified penalty. Inspectors therefore have a statutory protection that imposes a duty of non-interference on persons interacting with enforcement personnel.

Rights under the infringement notice regime. Schedule 4, the prescribed form of infringement notice, informs recipients that they may pay the modified penalty within 28 days to the CEO of the Department for Planning and Infrastructure to avoid court proceedings. That is a procedural right to dispose of an alleged offence by payment of a civil penalty rather than by contesting before a court. Schedule 5 prescribes the form of withdrawal where an infringement notice is withdrawn and either a refund is enclosed or payment should not be made. The Regulations therefore provide standardised administrative remedies and a payment-in-lieu option.

Rights to rely on prescribed circumstances. Regulation 5 provides particular factual bases that treat parking as in prescribed circumstances, which can operate as exemptions or qualifiers to the Act’s licensing reach. A person parking in a bay that fits the Regulation 5 descriptions has the benefit of that classification; conversely, anyone claiming the classification must be able to show the factual basis required by the relevant subparagraph.

Inured administrative discretion. The Regulations repeatedly refer to the CEO in connection with instalment permission and payment reception (Regulation 7(2); Schedule 4), which confers administrative discretion at the CEO level. Licensees and applicants have the right to seek permission for instalment payments, but the Regulations do not limit or prescribe the conditions of that discretion.

Collectively, the duties compel documentary compliance, payment of specified fees, truthful advertising, and non-interference with inspectors, while the rights focus on standardised administrative processes for infringement resolution and reliance on prescribed circumstances or planning approvals.

The Regulations establish a civil enforcement framework built around infringement notices, modified penalties, and specified offences, and they prescribe standard forms and timeframes for administrative handling.

Infringement notice offences and penalties. Regulation 9 provides that infringement notices can be given for offences listed in Schedule 3. Schedule 3 maps particular provisions of the Act to infringement offences and attaches modified penalties. Key Schedule 3 entries are:

• Item 1 (Act s 7): permitting a vehicle to be parked on the land or in or on a building in the Perth parking management area for which no parking bay licence is in force , modified penalty $500.
• Item 2 (Act s 14): failing to give notice of a change in ownership of land or building for which a parking bay licence is in force , modified penalty $200.
• Item 3 (Act s 18(1)): failing to comply with a parking bay licence , modified penalty $500.
• Item 4 (Act s 18(2)): advertising or otherwise indicating parking is available while the licence does not permit parking as advertised , modified penalty $500.
• Item 5 (Act s 18(3)): advertising parking is available where no licence is in force , modified penalty $500.
• Item 6 (Act s 22): obstructing an inspector in performance of functions or exercise of powers , modified penalty $500.

The amounts are fixed in Schedule 3 and form the civil sanction available to enforcement officers via infringement notices.

Form and procedure for infringement notices. Regulation 11 prescribes the infringement notice form in Schedule 4. The form requires particulars including date, recipient details, details of the vehicle, the date, place and description of the alleged offence, the Act provision allegedly contravened, and the amount of modified penalty. The form informs the recipient that payment of the modified penalty within 28 days to the CEO of the Department for Planning and Infrastructure avoids a court hearing. The 28-day payment window is the primary administrative mechanism for disposing of alleged offences administratively.

Withdrawal and refunds. Regulation 12 prescribes the form of the notice of withdrawal in Schedule 5. That form identifies the infringement notice to be withdrawn, the alleged offence, the section, whether the modified penalty was paid and a refund is enclosed, or whether the penalty was not paid and should not be paid. The existence of the prescribed withdrawal form embeds an administrative process for correction and refund where enforcement action is rescinded.

Enforcement personnel protection. Schedule 3 item 6 criminalises obstruction of an inspector with a $500 modified penalty. This supports operational enforcement by providing a civil penalty for interference with inspectors.

Administrative reception and collection. Schedule 4 specifies that payment be made to the CEO of the Department for Planning and Infrastructure at an address to be stated on the form. This assigns administrative responsibility for receipt of modified penalties to that office and centralises payment. Regulation 7(2) also involves the CEO when instalment payments are permitted, and a 5 per cent surcharge applies where the CEO permits payment by instalments.

Interaction with criminal court process. The infringement notice regime is an administrative civil-penalty route, with the statutory warning that paying the modified penalty avoids a court hearing. The form implies a right instead to have the complaint heard by a court, but the Regulations do not set the court process itself; that is left to the Act and general court procedures for prosecuting offences under the Act where the modified penalty is not paid.

Limitations and scope. The Regulations set only the modified penalty values and the form of notice. They do not set maximum fines or court penalties for prosecution following non-payment, nor do they set internal enforcement priorities or protocols for issuing notices. The Regulations authorise infringement notices for a limited set of provisions of the Act as set out in Schedule 3; offences not listed in Schedule 3 may be enforced only by other means available under the Act or other law.

Collectively, the Regulations establish a predictable administrative enforcement pathway with set monetary penalties, defined forms and a 28-day payment window, but substantial discretion remains with the CEO in relation to instalment permissions and other administrative processes.

The Regulations deliberately cross-reference and import definitions, approvals and operational concepts from several other statutory instruments. The practical scope and interpretation of the Regulations therefore depend on multiple external laws.

Planning and Development Act 2005. Regulation 6(1)(c) requires an application for a parking bay licence to be accompanied by an approval under the Planning and Development Act 2005 that indicates the number of parking bays approved and the approved uses. Regulation 8(2) requires a further planning approval under that Act where a licence variation would increase the number of bays beyond what was previously approved. The Regulations therefore make planning approvals a precondition for licensing and variations, embedding planning consent as an element of the parking regulatory regime. The content and timing of planning approvals under the Planning and Development Act will directly affect eligibility for parking bay licences and the capacity to expand parking bays legally.

Road Traffic Code 2000. Regulation 3 imports the meaning of carriageway from the Road Traffic Code 2000. Schedule 2 differentiates fees for bays that are on a carriageway (item 11(c)), so the classification of a parking bay as being on a carriageway under the Road Traffic Code will affect fee liability. Changes to the Road Traffic Code definition of carriageway would therefore change the set of bays capturing the carriageway fee rate.

Land Administration Act 1997. Regulation 3 imports the meanings of private road and road from the Land Administration Act 1997 section 3(1). Those definitions may affect how Schedule 2 applies to bays on private roads versus public roads, and whether a bay is treated as being on a carriageway or other category.

Local Government (Parking for People with Disabilities) Regulations 2014. Regulation 3 defines vehicle of a disabled person by reference to a disability parking permit as defined in regulation 4 of the Local Government (Parking for People with Disabilities) Regulations 2014. That cross-reference means that entitlement to any permitted treatment or fee exemption for disabled persons under the Perth Regulations depends on the permit regime under the Local Government regulations.

Fire Brigades Act 1942. Regulation 3 references the term fire brigade as defined in the Fire Brigades Act 1942. Schedule 2 item 8 provides nil-fee status for bays used solely for parking an ambulance used for operational purposes or a vehicle being used for operational purposes by a member of the Police Force or a member of a fire brigade. The operational definitions and protections for emergency services are therefore dependent on definitions in the Fire Brigades Act and police operational constructs.

Motor Vehicle Dealers Act 1973. Schedule 2 item 10 exempts bays used as part of the stock of a motor vehicle dealer who holds a licence under the Motor Vehicle Dealers Act 1973. That links commercial dealer licensing regimes with parking fee exemptions.

Departmental and CEO roles. The infringement form in Schedule 4 names the CEO of the Department for Planning and Infrastructure as the recipient of modified penalty payments. That administrative link ties the enforcement and collection process to the Department. If departmental structures change or the responsible agency is renamed, practical issues may arise in directing payment instructions or administering withdrawals without updating the form language.

Act references and the Regulations. The Regulations repeatedly state that certain clauses are "for the purposes of" specified sections of the Perth Parking Management Act 1999, for example Regulation 4 referring to Act s 6, Regulation 5 referring to Act s 7(c), Regulation 6 referring to Act s 8(2), Regulation 8 referring to Act s 15(2), Regulations 9 to 11 referring to Act s 19, and Schedule 3 mapping to Act provisions such as sections 7, 14, 18 and 22. The Regulations therefore operate as subordinate rules clarifying or fleshing out the Act’s procedural and administrative aspects. Interpretation or enforcement of these Regulations will, therefore, be read alongside the Act.

Potential for amendment interaction. The compilation table shows numerous delegated amendments over time and amendments made by instruments including Transport Regulations Amendment (Fees and Charges) Regulations in various years. The fee amounts in Schedule 2 have been repeatedly updated by subordinate instruments, showing that fee levels and administrative details are maintained by later regulations. This means that the Regulations' practical operation is routinely adjusted by other instruments, and practitioners must consult the latest reprint or the WA Legislation website for current figures and diagrams.

Overall, the Regulations do not operate in isolation, but depend on a matrix of planning, road, land and local government instruments for definitions, approvals and operational exemptions. Compliance advice therefore requires checking the referenced Acts and regulations to confirm that definitions, permits and approvals align with the facts in question.

The Regulations include an explicit compilation table and multiple amendment entries that show an ongoing pattern of updates to fees, scope and the mapping of the Perth parking management area.

Key timeline points visible in the Regulations are:

• Original regulations published and commenced on 16 July 1999, with commencement linked to the Act (Compilation table entry for 16 Jul 1999).

• Multiple fee and operational amendments followed, with amendment regulations recorded in 2001, 2002, 2003, 2004, 2005, 2006, 2007 (two amendments), 2008, 2009 (two amendments), 2010, 2011 (two amendments), 2012 (two amendments), 2013 (two amendments), 2014, 2015 (two amendments), 2016, 2017 (via Transport Regulations Amendment (Fees and Charges) Regulations Pt. 4), 2018 (Transport Regulations Amendment Pt. 3), 2021 (Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2021 Pt. 2), 2022 (Perth Parking Management Amendment Regulations 2022 SL 2022/51 and Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2022 SL 2022/67), 2023 (Transport Regulations Amendment (Fees and Charges) Regulations 2023 Pt. 5), 2024 (Perth Parking Management Amendment Regulations 2024 SL 2024/60), and 2025 (Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2025 Pt. 6 and Perth Parking Management Amendment Regulations 2025 SL 2025/181). The compilation table records the published instruments and commencement dates where specified.

• Notable insertion: Regulation 4 and Schedule 1, which define the Perth parking management area diagrammatically, were inserted by SL 2022/51 (see "Regulation 4 inserted: SL 2022/51 r. 5" and "Schedule 1 inserted: SL 2022/51 r. 7"). The 2022 insertion means that the map-based boundary is a later addition to the Regulations rather than part of the original 1999 instrument.

• Schedule 2 has been the subject of frequent amendment, as demonstrated by the long list of Gazette and Statutory Law (SL) amendment entries appended to Schedule 2. This indicates that licence fee amounts and the scope of nil-fee exemptions have been adjusted multiple times through subordinate instruments including transport fee amendments.

• Schedule 4, the form of the infringement notice, was amended in Gazette 28 Feb 2003 p. 678, indicating modifications to the prescribed enforcement form early in the life of the Regulations.

• The compilation table records at least four printed reprints (Reprint 1 as at 21 Jan 2005; Reprint 2 as at 12 Sep 2008; Reprint 3 as at 6 Jan 2012; Reprint 4 as at 15 Aug 2014), reflecting periodic consolidations.

• The compilation table also flags an uncommenced provision in the Perth Parking Management Act 2024 s 159, assented 7 Mar 2024, listed as "To be proclaimed" in the uncommenced provisions table. The Regulations note that some Act provisions may not yet be in operation and direct readers to the WA Legislation website for uncommenced text.

The amendment history shows that the Regulations are a living instrument, subject to repeated subordinate adjustments on fees, forms and geographic definitions. Practitioners must therefore consult the current consolidated instrument or the WA Legislation website and be alert to the fact that fee levels and the Perth area boundary have been changed by more recent instruments. The insertion of the Schedule 1 diagrams in 2022 is a particularly significant structural amendment because it fixes the geographic scope by map reference.

The Regulations themselves do not contain references to judicial decisions, cases, or a litigation history. The text, Schedules and compilation material name only legislative instruments, Gazette notices and Statutory Law amendments. No cases, judgments or tribunal decisions are cited in the Regulations, and no litigation record is embedded in the text provided.

Consequently, the primary source does not supply precedent or adjudicated interpretations of the Regulations. Any judicial interpretation, application disputes or court decisions that might exist would need to be located by searching court databases, tribunal records and the WA consolidated legislation notes outside this instrument. The Regulations’ compilation table and notes do not summarise or list any litigation.

For practitioners, the immediate implication is that reliance on the Regulations alone will not reveal how courts have interpreted ambiguous terms such as "prescribed circumstances" in Regulation 5, what evidentiary weight is required for statutory declarations under Regulation 6(2), or how strictly courts may interpret advertising offences referenced in Schedule 3 items 4 and 5. If litigation matters are a possibility, independent case-law research in the Supreme Court of Western Australia and lower jurisdiction records will be necessary to determine how the Act and Regulations have been applied and interpreted in practice.

In the absence of cited cases, the Regulations must be applied using their plain language, their cross-references to external Acts and regulations, and any administrative guidance or departmental policy documents that may exist. Where a dispute arises about the proper application of the Regulations, expect to see issues about evidentiary sufficiency of planning approvals, the boundary determinations from Schedule 1 diagrams, the scope of permitted advertising, and the administrative exercise of the CEO’s discretion regarding instalment payments. Those questions will require external legal research to identify any judicial or tribunal authorities that have considered them.

The Regulations contain several concrete traps and procedural pitfalls that can cause compliance failures if overlooked. The following are specific issues to watch for, each grounded in the text.

Boundary-first requirement. Regulation 4 makes all downstream duties contingent on whether the land sits within the Schedule 1 boundary. The Schedule 1 diagrams were inserted only in 2022 (SL 2022/51), so historical assumptions about the Perth area boundary may be outdated. Practitioners must confirm the current Schedule 1 diagrams before advising on licensing or enforcement obligations. Misidentifying the boundary can lead to unnecessary licence applications or failure to obtain a required licence.

Planning approval linkage. Regulation 6 requires a planning approval under the Planning and Development Act 2005 indicating the number of parking bays and uses for licence applications. Regulation 8(2) requires further planning approval where a variation would increase the number of bays beyond previous approvals. The requirement is strict and document-based; where the approval predates these Regulations, only a statutory declaration is acceptable (Regulation 6(2)). Failure to supply the correct form of planning approval or declaration will render an application defective and may expose an owner to an offence if parking is permitted without a licence (Schedule 3 item 1).

Value of statutory declarations. Regulation 6(2) permits a statutory declaration in place of a planning approval only where the approval predates the Regulations. The text is narrow. If the planning approval is ambiguous, incomplete or not clearly indicating bay numbers and uses, the statutory declaration may be inadequate. Practitioners should ensure the planning approval document explicitly states the number of bays and authorised uses to avoid disputes.

Fee calculation nuances. Schedule 2 applies fees only to facilities with more than five bays under item 11. Facilities with five or fewer bays may be nil-fee under item 1, but Schedule 2 contains many nil-fee carve-outs elsewhere. The calculation also distinguishes carriageway bays, public bays without time constraints, short-stay mixes and "other" bays, with different per-bay amounts (for example, item 11(b) $1,256.90 and item 11(c) $1,155.60). Misclassification of a bay as carriageway versus off-carriageway or public versus restricted-access will yield materially different annual fees. Additionally, if the CEO allows instalments, Regulation 7(2) imposes a 5 per cent increase on the annual fee, which may not be obvious to clients seeking payment flexibility.

Advertising offences are owner-facing. Schedule 3 items 4 and 5 make it an offence to advertise parking availability inconsistent with the licence or where no licence is in force, each carrying a $500 modified penalty. This is a common hazard where marketing or third-party booking platforms indicate parking availability without matching the licence permissions. Owners and operators must control signage and online representations tightly; letting third-party advertisements misrepresent availability can attract liability.

Definition dependencies. Several key words are defined by reference to external laws (Regulation 3). Changes to the Road Traffic Code 2000, the Land Administration Act 1997, the Fire Brigades Act 1942, or the Local Government disability parking regulations could alter the meaning of “carriageway”, “road”, “private road”, “fire brigade” or “vehicle of a disabled person” and thereby change fee or exemption applicability without an amendment to these Regulations. Practitioners should track changes in those external instruments.

Prescribed circumstances are fact specific. Regulation 5 lists very specific factual scenarios for prescribed circumstances. For example, a resident’s vehicle must be parked “in a space set aside for the use of the resident by the owner of the building” (Regulation 5(a)). If the arrangement is informal or not documented, enforcement may challenge the claimed status. The Regulations therefore favour clear allocation of resident and visitor bays by building owners.

Administrative form names may be out of date. Schedule 4 specifies payment to the CEO of the Department for Planning and Infrastructure. Administrative restructures of government departments can render the named agency out of alignment with present departmental arrangements. Practitioners should confirm current payment instructions with the licensing authority rather than relying solely on the form text.

Limited list of infringement notice offences. Regulation 9 prescribes only the offences listed in Schedule 3 for which infringement notices may be issued. Other Act offences not in Schedule 3 may require prosecution in court or other enforcement paths. Assuming that any Act breach is enforceable by infringement notice is incorrect.

CEO discretion and surcharge. Regulation 7(2) permits instalments with CEO permission but automatically increases the fee by 5 per cent when instalments are used. Clients seeking cashflow relief via instalments therefore face a built-in cost, and must consider whether instalments are financially sensible given the surcharge.

Obstruction offence scope. Schedule 3 item 6 criminalises obstruction of an inspector under Act s 22. The Regulations do not define "obstruct" or provide process safeguards in the form text. Interactions between enforcement officers and property owners can escalate quickly if physical or verbal conduct crosses this threshold; training and protocols for both inspectors and private actors are therefore advisable.

No litigation guidance in the text. Because the Regulations do not cite judicial decisions, any ambiguities must be resolved through external case law or administrative guidance. Practitioners should not assume judicial interpretations exist and should undertake separate legal research when a contentious enforcement action or licence decision is likely to be litigated.

In sum, the gotchas are mostly practical: check the boundary map, secure explicit planning approvals, classify bays correctly for fee calculation, control advertising and representations, and be aware of administrative forms and CEO discretion.

This section sets out practical steps a landowner, operator or advisor should take to comply with the Regulations, with references to the operative provisions.

1. Confirm whether the land or building is inside the Perth parking management area. Start by consulting Schedule 1 diagrams and Regulation 4. The diagrams are the determinative mapping of the boundary. If unsure, request authoritative confirmation from the licensing authority or the Department named on Schedule 4.

2. Determine whether the parking falls within any prescribed circumstances. Review Regulation 5 carefully to see whether the usage is captured by the listed exemptions, including resident bays set aside by the owner (Regulation 5(a)), visitor bays set aside by the owner (Regulation 5(b)), residents working from home (Regulation 5(c)), special event areas provided by the City of Perth (Regulation 5(d)), or parking within King’s Park (Regulation 5(e)). If a prescribed circumstance applies, document it clearly and retain evidence of the set-aside allocation or event arrangements.

3. If the land is inside the area and no prescribed circumstance applies, prepare a parking bay licence application consistent with Regulation 6. The application must include: the applicant’s name and address; the address of the land or building; and an approval under the Planning and Development Act 2005 indicating the number of parking bays approved and the uses for which they are approved (Regulation 6(1)). If the relevant planning approval predates these Regulations, prepare a statutory declaration meeting Regulation 6(2) that declares the approval and states the number of bays and approved uses.

4. For licence variations, follow Regulation 8. Include the licensee’s name and address, the address of the land/building, particulars of the variation sought, and, where the variation would increase the number of permitted bays beyond the number indicated in the earlier planning approval, include a further approval under the Planning and Development Act 2005 indicating approval for the increase and the uses of the additional bays (Regulation 8(2)). Keep copies of all approvals and variation documentation.

5. Calculate annual licence fees using Schedule 2. Determine whether the facility is a small facility with five bays or fewer (item 1, nil), or a larger facility subject to item 11 fees. Identify the bay type: motor cycle bay (item 11(a) nil), bay available to the public without time constraints (item 11(b) $1,256.90), bay on a carriageway (item 11(c) $1,155.60), bay with the short-stay profile described in item 11(d) $1,155.60, or “other” bay at $1,313.40 (item 11(e)). Take account of the numerous nil-fee categories in Schedule 2, such as ambulance/operational police or fire vehicles, dealer stock, charity service bays, unloading bays, layover bus bays, and specific roads listed in item 14. Ensure a documented classification rationale for each bay to support fee calculations and future audits.

6. Understand payment terms and instalment surcharge. If instalment payment is sought, obtain permission from the CEO under section 11(2) of the Act as referenced in Regulation 7(2). Where instalments are permitted, add a 5 per cent surcharge to the annual fee (Regulation 7(2)). Assess whether the instalment surcharge makes instalment payments economically sensible.

7. Control advertising and representations. Ensure all signage, marketing and third-party listings accurately reflect the licence permissions. Schedule 3 items 4 and 5 make advertising inconsistent with the licence or advertising where no licence exists offences with $500 modified penalties. Implement internal processes for sign-off of advertisements, bookings platforms, and online listings.

8. Keep records of ownership changes and notify promptly. Regulation 9 and Schedule 3 item 2 impose a $200 modified penalty for failure to notify change in ownership of land or building for which a parking bay licence is in force. Create a process to notify the licensing authority immediately upon transfer of ownership and retain proof of notification.

9. Prepare for inspection interactions. Train staff and contractors on appropriate conduct when inspectors attend, since obstruction of an inspector is an offence under the Act with a $500 modified penalty (Schedule 3 item 6). Keep documentation accessible for inspectors to verify licence status, planning approvals and payment records.

10. Know the infringement notice process and timeframes. If you receive an infringement notice in the Schedule 4 form, note that you may pay the modified penalty within 28 days to the CEO of the Department for Planning and Infrastructure to avoid court proceedings. Preserve the infringement number and all supporting correspondence. Where an infringement is wrongly issued, use Schedule 5 as the withdrawal form mechanism if the enforcement authority withdraws the notice.

11. Coordinate with planning, transport and local government rules. Because key terms and approvals are defined by external Acts and regulations (Planning and Development Act 2005, Road Traffic Code 2000, Land Administration Act 1997, Local Government disability parking regulations), confirm that planning approvals, carriageway classifications and disability permits are current and correctly recorded. Where necessary, obtain written confirmation from the planning authority that an approval covers parking bay numbers and uses as claimed.

12. Monitor amendment and departmental changes. The Regulations have a history of frequent fee and form amendments, and the Schedule 1 map was inserted in 2022. Regularly check the WA Legislation website for the current consolidated Regulations and any instrument amending Schedule 2 fees or Schedule 1 maps. Also confirm the current departmental payee and contact details since Schedule 4 names the CEO of the Department for Planning and Infrastructure.

13. Maintain audit-ready documentation. Keep copies of licence applications, planning approvals, statutory declarations, proof of payment of fees, notices of ownership transfer, marketing materials and signage approvals. Document internal processes for advertising approvals and record the basis on which any bay is treated as nil-fee.

14. Seek early legal or planning advice for contentious issues. If there is ambiguity in whether a bay is on a carriageway, whether a use qualifies under a planning approval, or whether an advertisement is licensable, obtain legal advice and consider seeking a formal determination or pre-application meeting with the planning/licensing authority.

Following these steps, with close attention to the referenced Regulations and Schedules, will materially reduce the risk of infringing licensing, fee and advertising requirements inside the Perth parking management area.