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ROAD SAFETY ACT 1986 - SECT 90D

Agreements

    (1)     The owner or occupier of any land (other than land on which, apart from section 90E, a parking infringement could be committed in respect of a vehicle) may enter into an agreement with the municipal council in whose municipal district the land is situated for the provision by that council of parking services.

    (2)     The agreement must provide for—

        (a)     compliance by the owner or occupier with specified requirements in relation to—

              (i)     restricting access to the land by motor vehicles;

              (ii)     signs to be placed, or markings to be made, on the land;

              (iii)     the siting, installation and maintenance of signs and markings;

        (b)     the kind of parking services to be provided by the municipal council and the times at which, or circumstances in which, those parking services are to be provided;

        (c)     the fees, costs and charges (if any) to be paid to the municipal council by the owner or occupier;

        (d)     rights of access to the land by persons authorised by the municipal council in connection with the provision of parking services and the duties and obligations to be complied with by those persons while exercising those rights;

        (e)     any other matter that may be prescribed.

    (3)     The agreement may contain—

        (a)     a provision leaving any matter to be determined, approved or dispensed with by a specified person or body;

        (b)     a provision providing for the suspension of obligations under the agreement in specified circumstances;

        (c)     any other provisions that are not inconsistent with this Part or the regulations.

    (4)     A provision of an agreement under this section that specifies requirements in relation to signs or their siting must—

        (a)     where appropriate and subject to any standards notified under subsection (5), provide for signs of the kind used for the regulation and control of vehicular traffic on highways;

        (b)     require signs installed on the land to be prominently displayed and clearly visible to users of the land;

        (c)     require the installation of a sign indicating the place to which a vehicle towed from the land under section 90F is to be taken and stored pending payment of the release fee or giving a telephone number from which information about that place may be obtained at any time of the day or night;

        (d)     comply with standards notified under subsection (5).

    (5)     The Minister may, by notice in the Government Gazette, require compliance with standards for signs in council controlled areas.

    (6)     A standard may apply, adopt or incorporate any matter contained in any document issued or published by any person or body whether—

        (a)     wholly or partially or as amended by the standard; or

        (b)     as issued or published at the time the notice is published or at any time before then; or

        (c)     as issued or published from time to time.

    (7)     The standards must be available for inspection on request at a place which is open to the public and is specified in the notice.

S. 90E inserted by No. 25/1996 s. 4.



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