Clause 5

The owner or occupier of —

any land or premises on which any private parking place is, on or after the date of commencement of section 5 of the Parking Places (Amendment) Act 2018, provided; or

any land or premises on which any development (within the meaning of the Planning Act (Cap. 232)) is or is to be carried out and in respect of which —

written permission is granted on or after the date of commencement of section 5 of the Parking Places (Amendment) Act 2018; or

an application for approval of a proposal or plan for the provision of parking lots is pending on that date,must provide and maintain the private parking place provided or to be provided on the land or premises only in accordance with the applicable requirements for parking places. (2) In subsection (1) and section 6B, “applicable requirement for parking places”, for any land or premises mentioned in that subsection, means any of the requirements as to layout, arrangement, dimensions, area and number of parking lots, or to the design of parking facilities for a private parking place on the land or premises, which —

are specified in the proposal or plan for the provision of parking lots in the private parking place last approved (or deemed approved) by the Authority; or

are specified in the last waiver granted (or deemed granted) under section 6B in relation to the private parking place.(3) The Authority may, in respect of a proposal or plan for the provision of parking lots in a private parking place, approve the proposal or plan in accordance with rules made (or deemed made) under section 22 or, subject to those rules, after having regard to, and giving such weight as the Authority considers appropriate to, all of the following matters:

the proximity and accessibility of the land or premises to other forms of public passenger transport facilities; (b)the availability of other parking places in the vicinity of the land or premises;

traffic flow around the land or premises and the road capacity;

access to roads, public streets, private footways and public paths;

such other matters and evidence as may be relevant.(4) The Authority may, by an infringement notice, require the owner or occupier of the land or premises mentioned in subsection (1) to carry out such works to the land or premises or any part of it, and to take such other measures specified in the notice, as the Authority thinks fit to rectify any contravention of that subsection.(5) A person who contravenes or fails to comply with an infringement notice under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine of $500 for every day or part of a day during which the offence continues after conviction.(6) In this section, a reference to a proposal or plan for the provision of parking lots in a private parking place includes a reference to a proposal or plan to change —

the number of parking lots in the private parking place; (b)the layout, arrangement, dimensions or area of any parking lot in the private parking place; or

the design of parking facilities in that private parking place,and change includes the making of a material change in the use as a parking lot.Deficiency charge6B.—

Despite section 6A(1), the owner or occupier of any land or premises which is the subject of a development mentioned in section 6A(1)(b) may provide parking lots in a private parking place or proposed private parking place on the land or premises otherwise than in accordance with the applicable requirement for parking places for that private parking place if —

the Authority waives the applicable requirement for parking places because, in the opinion of the Authority, it would be unduly onerous or unreasonable for the owner or occupier to comply with that requirement; and (b)where the waiver affects the applicable number of parking lots, the owner or occupier pays to the Authority a deficiency charge.(2) In determining whether to grant a waiver in relation to any private parking place or proposed private parking place on any land or premises, the Authority must have regard to, and give such weight as the Authority considers appropriate to, all of the following matters:

the proximity and accessibility of the land or premises to other forms of public passenger transport facilities;

the availability of other parking places in the vicinity of the land or premises;

traffic flow around the land or premises and the road capacity;

access to roads, public streets, private footways and public paths;

the physical topography and location of the land or premises;

other regulatory requirements which the owner of the land or premises must also comply with in relation to the private parking place;

the safety of pedestrians, drivers, riders and other road and public path users;

such other matters and evidence as may be relevant.(3) The deficiency charge is an amount calculated in the manner prescribed, and must be paid into the Consolidated Fund.(4) Despite anything in this section, no deficiency charge is payable in respect of a private parking place or class of private parking places which, or any person who, is exempt from section 6A because of an exemption under section 21.(5) In subsection (1), “applicable number of parking lots”, for any land or premises which is the subject of a development mentioned in section 6A(1)(b), means the applicable requirement for parking places relating to the number of parking lots which is prescribed in rules made (or deemed made) under section 22.”.