Occupancy limits—exception
36 Occupancy limits—exception
For the purposes of section 137(3)(b) of the Act, a by-law that limits the number of adults who may reside in a lot has no effect if all of the adults who reside in the lot are related to each other.
For the purposes of this clause, a person is related to another person who resides in a lot if—
the person is the parent, guardian, grandparent, son, daughter, grandchild, brother, sister, uncle, aunt, niece, nephew or cousin of the other person, or
the person is such a relative of the other person’s spouse or de facto partner or former spouse or de facto partner, or
the person is the spouse or de facto partner of the other person, or
the person is the carer of, or is cared for by, the other person.
For the purposes of this clause, a person who is an Aboriginal person or a Torres Strait Islander is also related to another person if the person is, or has been, part of the extended family or kin of the person according to the indigenous kinship system of the person’s culture.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.