Recent changes to the Congestion Levy Act 2005 (Vic)
(CLA) have the potential to impose significant new
costs upon property owners with off street parking spaces. Affected
landowners must register car parks by 21 January 2015. There are a
number of exemptions that can be claimed under the CLA.
The CLA imposes an annual levy on off street parking spaces
within the defined levy area. The levy does not apply to
residential car parks, however, car parking for businesses in the
levy area does potentially attract the levy. The CLA was recently
amended to expand the area to which the levy applies. The new levy
North – Carlton, Fitzroy, Collingwood, Parkville, Carlton
North, Fitzroy North, Princess Hill, North Melbourne and
residential West Melbourne
East – Abbotsford
South – South Melbourne, Port Melbourne, Albert Park and
West – commercial West Melbourne and Kensington
The levy in the expanded area, known as the category 2 levy
area, becomes payable from 1 January 2015.
Land owners with car parks within the category 2 levy area are
required to register with the State Revenue Office
(SRO) by 21 January 2015, or face a potential
In the category 2 levy area, car parks will be levied at the
rate of $950 per car space.
Under the CLA, there are a number of exemptions, including for
parking for visitors and loading bays, councils and charities,
shift workers, emergency vehicles, special events, disabled parking
and fleet vehicles.
Holding Redlich has acted for land owners and can provide advice
in relation to registration, applications for exemptions, and
appeals against decisions made by the SRO.
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The Supreme Court at first instance had determined that an adjudication determination could be remitted to the adjudicator for re-determination for non-jurisdictional error.
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