Recreation Vehicles Act 1983

This Act may be cited as the Recreation Vehicles Act 1983.

Sections 1 and 2 shall commence on the date of assent to this Act.

Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

area has the meaning ascribed to that expression in the Local Government Act 1993.

authorised officer means—

a person who is for the time being appointed as an authorised officer under section 6 (1), or

a member of the police force.

certificate of registration means a certificate of registration issued under section 19 (1).

child means a person who has not attained the age of 16 years and 9 months.

control includes license and prohibit.

council has the meaning ascribed to that expression in the Local Government Act 1993.

district registry means a motor registry within the meaning of section 176 of the Road Transport Act 2013.

drive, in relation to a motor vehicle, includes—

ride the motor vehicle (otherwise than as a passenger), and

cause the motor vehicle to stand.

identification certificate means—

in relation to a person who is for the time being appointed as an authorised officer under section 6 (1)—a certificate issued to the person pursuant to section 7 (1), or

in relation to a member of the police force—a certificate issued to the member of the police force pursuant to the Police Regulation Act 1899.

motor vehicle means a motor vehicle (other than a light rail vehicle) or trailer within the meaning of the Road Transport Act 2013.

number-plate, in relation to a motor vehicle registered within the meaning of the Road Transport Act 2013, means a number-plate issued under that Act.

occupier, in relation to land, means any person who is in actual occupation of the land or, where no person is in actual occupation of the land, any person who has the right of immediate occupation of the land or who has the care, control and management of the land.

officer includes employee and servant.

parent, in relation to a child, includes a guardian of the child and any other person who stands in loco parentis to the child.

public authority means a public or local authority constituted by or under any Act, a government Department or a statutory body representing the Crown, and includes a person exercising functions on behalf of that authority, Department or body.

public road has the meaning ascribed to that expression in the Roads Act 1993.

recreation vehicle area means land which is designated as a recreation vehicle area pursuant to an order in force under section 11 (1).

register means the register kept pursuant to section 16 (1).

registered motor vehicle means a motor vehicle which is registered under this Act.

registered owner means—

in relation to a motor vehicle which is registered under this Act—the person whose name is entered in the register, pursuant to section 16 (2), in relation to the motor vehicle, or

in relation to a motor vehicle that is registered within the meaning of the Road Transport Act 2013—a registered operator of the vehicle within the meaning of that Act.

registration means registration under section 18 (1), and includes renewal of registration.

registration plate means a registration plate issued under section 19 (1).

regulation means a regulation made under this Act.

restricted land means land which is neither—

a public road, nor

a recreation vehicle area.

In this Act, a reference to—

a function includes a reference to a power, authority and duty,

the exercise of a function includes, where that function is a duty, a reference to the performance of that duty, and

the occupier of land includes, where there are 2 or more occupiers of that land, a reference to any one of those occupiers.

For the purposes of this Act, a motor vehicle is in registrable condition if, and only if, it complies with such design, construction, equipment and performance standards as are prescribed in relation to motor vehicles of the class to which the motor vehicle belongs.

(Repealed)

Except as provided by or under this Act, the road transport legislation does not apply to or in respect of a motor vehicle, or the driving of a motor vehicle, in a recreation vehicle area.

Subsection (1) does not limit the operation of section 195 of the Road Transport Act 2013 in respect of offences committed under this Act or the regulations.

In this Act, road transport legislation has the same meaning as it has in the Road Transport Act 2013.

The Environment Protection Authority may by instrument in writing appoint, as an authorised officer for the purposes of this Act, any person the Environment Protection Authority considers suitably qualified to be so appointed.

As many persons as the Environment Protection Authority considers necessary may be appointed under this section.

Upon appointing a person as an authorised officer, the Environment Protection Authority shall issue to the person an identification certificate.

A person appointed as an authorised officer under section 6 (1) shall, upon ceasing to be an authorised officer, surrender the person’s identification certificate to the Environment Protection Authority.

Maximum penalty—1 penalty unit.

An identification certificate referred to in subsection (1) shall be in or to the effect of the prescribed form.

Such a certificate may, at the time it is issued and from time to time thereafter, be endorsed with provisions enlarging the area within which, but for those provisions, the authority of its holder would be confined by section 9.

A member of the police force is ex officio an authorised officer.

An authorised officer shall have, and may exercise, such functions as are conferred or imposed on an authorised officer by or under this Act.

Except as otherwise provided by the identification certificate of the officer, an authorised officer who is an employee of a council does not have, and may not exercise, any functions conferred or imposed on an authorised officer by or under this Act otherwise than within the council’s area.

Except as otherwise provided by the identification certificate of the officer, an authorised officer who is an officer of a public authority (other than the Environment Protection Authority or a council) does not have, and may not exercise, any functions conferred or imposed on an authorised officer by or under this Act otherwise than within land occupied by, or under the care, control and management of, the public authority.

An occupier of land may apply to the Environment Protection Authority for the designation of the land as a recreation vehicle area.

An application under subsection (1) shall—

be in or to the effect of the prescribed form,

be accompanied by—

the prescribed particulars in relation to the land,

evidence that any necessary development consent has been obtained in relation to the use of that land for the purposes of a recreation vehicle area, and

the prescribed fee, and

be lodged at an office of the Environment Protection Authority.

Except as provided by subsection (2), the Environment Protection Authority shall, as soon as practicable after receiving an application made in accordance with section 10, by order published in the Gazette, designate the land the subject of the application as a recreation vehicle area.

The Environment Protection Authority shall not designate land as a recreation vehicle area where it appears to the Environment Protection Authority that the use of the land for the purposes of a recreation vehicle area contravenes or will contravene the provisions of the Environmental Planning and Assessment Act 1979 or of any environmental planning instrument in force under that Act.

An occupier of land which comprises or partly comprises a recreation vehicle area may apply to the Environment Protection Authority for the whole of the land, or such part of the land as is described in the application, to cease to be designated as a recreation vehicle area.

An application under subsection (1) shall—

be in or to the effect of the prescribed form,

be accompanied by—

the prescribed particulars in relation to the land, and

the prescribed fee, and

be lodged at an office of the Environment Protection Authority.