Caravan Parks Act 2012

This Act may be cited as the Caravan Parks Act 2012.

Sections 21 and 22 commence on the day on which the

Administrator's assent to this Act is declared.

The remaining provisions of this Act commence on 1 May 2012.

The main objectives of this Act are to make provisions in relation to operators and residents under caravan park agreements:

to balance their rights and duties, including by providing for terms of those agreements; and

to improve the understanding of operators and residents of their rights and obligations in relation to occupancies; and

to ensure operators and residents are provided with suitable mechanisms for enforcing their rights under caravan park agreements and this Act; and

to ensure residents are provided with safe and habitable caravans under caravan and park site agreements and enjoy appropriate security of tenure; and

to facilitate operators receiving a fair rent in return for providing safe and habitable accommodation to residents under caravan park agreements.

Some provisions of this Act also apply to persons who are living in a caravan park but are not residents to whom a caravan park agreement applies.

Part 16 also makes provision for long term occupants of caravan parks.

Division 2 Interpretation

In this Act:

1 days notice means notice for a period that includes at least 1 business day.

Example

If a notice is given on a

Wednesday.

agent, in relation to an operator, includes an employee of the operator.

agreement property means:

if the agreement is a caravan park site agreement – the site provided under the agreement and things on the site, including, for

example, any garden and garden watering system; or

if the agreement is a caravan and park site agreement – the caravan (including any chattels and fixtures), the site provided under the agreement and things on the site, including, for example, any garden and garden watering system.

bond means a provision of a caravan park agreement under which a resident is required to give a security deposit to ensure the resident's performance of obligations under the agreement.

business day means a day other than a Saturday or

Sunday or a public holiday.

caravan, see section 5.

caravan and park site agreement, see section 6(4).

caravan park means an area of land used in either or both of the following ways:

as a complex of sites and caravans, for which rights of occupancy are conferred under various caravan park agreements, together with common areas including bathrooms, toilets and laundry facilities;

as a complex of sites for which rights of occupancy are conferred under various caravan park agreements, together with common areas that may, but need not, include bathrooms, toilets and laundry facilities.

caravan park agreement, see section 6(1).

caravan park rules means rules for a caravan park made under section 139 and, if amended under section 140, as amended.

caravan park site agreement, see section 6(2).

caravan site, in relation to a caravan park, includes:

the area of land on which a caravan is situated or may be placed;

and

adjoining areas of land set aside or available for the exclusive use of a person occupying the caravan on, or to be placed on, the site.

change date, see section 178(4).

CPRT Account means the fund mentioned in section 21(1).

Commissioner means the Commissioner of Tenancies under section 13 of the Residential Tenancies Act 1999.

common areas, in a caravan park, means the facilities, buildings, roads or other areas in the park provided for common use by persons living or staying in the park.

Examples of facilities for common use

Bathrooms, laundries, recreational areas, BBQ areas and swimming pools.

condition report, see section 33(1).

continuation, in relation to an occupancy to which a caravan park agreement relates, includes an extension or renewal of the occupancy (however described) and whether the continuation is a fixed term occupancy or periodic occupancy.

emergency repairs, see section 76(2)

excluded agreement, see section 10(6).

fixed term occupancy means an occupancy for a fixed term specified in the caravan park agreement.

key, in relation to a lock, includes a code and sensor pass.

lock includes any security device.

long term occupant, see section 178.

mobile home means a type of a structure designed for use for residential purposes but not designed to be required to be permanently attached to land.

notice of termination means a notice of termination under this Act that is in the form required under section 117.

occupancy, in relation to a caravan park agreement, resident or operator, means:

if the agreement is a caravan park site agreement – the right of a resident to place a caravan on the caravan site and reside in the caravan and otherwise occupy the caravan site; or

if the agreement is a caravan and park site agreement – the right of a resident to reside in a caravan on the caravan site and otherwise occupy the caravan site.

occupancy dispute means a dispute between a resident and an operator about the occupancy under a caravan park agreement.

operator, see section 7.

order for possession of agreement property, in relation to a caravan park agreement, includes an order for the removal of a caravan placed on the agreement property other than by the operator.

periodic occupancy means an occupancy that is not a fixed term occupancy.

permitted repairs, see section 73.

prescribed, in relation to information or particulars, means information or particulars as prescribed by regulation.

prescribed account means an account kept at:

an ADI; or

a statutory corporation of the Territory.

rent means an amount payable under a caravan park agreement in relation to the occupancy of a caravan, caravan site or both for a period specified in the agreement, including, for example, payments payable by a resident to the operator under sections 133 and 134.

resident, see section 8.

security deposit means an amount of money paid, or required to be paid, in accordance with a bond.

separate charge, see section 133(1).

Tribunal means the Civil and Administrative Tribunal.

A caravan is either of the following:

a trailer designed to be:

attached to and towed by a self-propelled vehicle; and

used for residential purposes;

a self-propelled vehicle designed to be used both as a vehicle and for residential purposes.

A caravan includes an annexe designed to be used as an extension of the habitable area of the caravan.

For this Act, a reference to a caravan (other than in the definition caravan park in section 4) includes either of the following when situated in a caravan park:

an immovable dwelling;

a mobile home.

In this section:

designed includes modified.

An agreement is a caravan park agreement if the agreement is:

a caravan park site agreement; or

a caravan and park site agreement.

A caravan park site agreement is an agreement under which an operator grants another person, for valuable consideration, a right (that may, but need not, be an exclusive right) of occupancy of a caravan site in the operator's caravan park, for the purpose of placing a caravan on the caravan site, for residential purposes.

Despite subsection (2), if a caravan is not placed on a caravan site in accordance with the agreement but a tent is erected on the site, on the day the tent is erected, the agreement stops being a caravan park site agreement and Parts 2 to 17 do not apply to it.

A caravan and park site agreement means an agreement under which an operator grants another person, for valuable consideration, a right (that may, but need not, be an exclusive right) of occupancy of both of the following for residential purposes:

a site in the caravan park;

a caravan made available on the site by the operator.

For this Act, the address for a caravan, or a caravan site, in a caravan park is the park's address unless the caravan park agreement otherwise provides an address for the caravan or site.

To avoid doubt, if a provision of this Act states that a term is a term of each caravan park agreement, the provision has effect whether the agreement is in writing or not.

An operator is a person who operates a caravan park including by granting rights of occupancy under caravan park agreements.

An operator includes each of the following:

a person who is a successor in title to a person mentioned in subsection (1) and whose title is subject to a resident's right of occupancy;

a prospective operator;

a former operator;

an agent of an operator including of any person mentioned in paragraphs (a) to (c).

For Part 8, operator also includes a person authorised by an operator, or an agent of the operator, for that

Part.

A resident is a person (but not an operator) who has a right of occupancy under a caravan park agreement or otherwise because of the operation of this Act in relation to a caravan park agreement.

A resident includes each of the following:

a prospective resident;

a former resident;

a person acting on behalf of the resident, prospective resident or former resident (but not the operator or operator's agent).

Division 3 Matters relating to application of Act

This Act binds the Crown in right of the Territory and, in so far as the legislative power of the Legislative Assembly permits, the

Crown in all its other capacities.

Subsection (1) does not make the Crown liable to be prosecuted for an offence.

This Act applies to a caravan park agreement, made on or after the commencement of this section, that specifies the period of the occupancy granted under the agreement is for the prescribed period or more.

If it is intended that a person will occupy a caravan and caravan site, or a caravan site, in a caravan park under a caravan park agreement for a period less than the prescribed period, Parts 2 to 15 do not apply to the agreement even if the person and operator enter into a further agreement and the combined periods under the agreements is a continuous period for the prescribed period or more.

If a caravan park is advertised as being for "holiday accommodation" or "tourist accommodation", Parts 2 to 15 do not apply to an agreement for an occupancy in the caravan park even if the period of the occupancy is for the prescribed period or more.

Also, Parts 2 to 15 do not apply to an agreement of the following types:

an agreement under which no rent is payable in return for the granting of a right to occupy a caravan and caravan site, or a caravan site, for the purpose of a residence;

an agreement under which no rent is payable and services are provided in return for the granting of a right to occupy a caravan and caravan site, or a caravan site, for the purpose of a residence;

an agreement for a caravan and a caravan site, or a caravan site, provided for the use of homeless, unemployed or disadvantaged persons for charitable purposes or for the purpose of providing emergency shelter or accommodation;

an agreement made between family members or friends under which a nominal rent is charged if the parties do not intend to create a caravan park agreement to which this Act applies;

an agreement under which a person occupies, or intends to occupy, an immovable dwelling or mobile home that is not located in a caravan park.

Despite subsections (1) to (4), if an agreement provides this

Act or Parts 2 to 15 apply to the agreement, this Act or the Parts so apply.

If, under this section, Parts 2 to 15 do not apply to an agreement in relation to a caravan and caravan site, or a caravan site, in a caravan park, the agreement is an excluded agreement.

In this section:

prescribed period means 12 months.

This section applies if a person intends to enter into an agreement to occupy a caravan and caravan site, or a caravan site, in a caravan park and the agreement is not a caravan park agreement but an excluded agreement.

Before entering into an excluded agreement, the operator must give notice (either in writing or orally) to the person that Parts 2 to 15 do not apply to the agreement and it is not a caravan park agreement for this Act.

Maximum penalty: 10 penalty units.

An offence against subsection (2) is an offence of strict liability.

It is a defence to a prosecution for an offence against subsection (2) if the defendant establishes a reasonable excuse.

This section is subject to any other provision of this Act that states it applies to an excluded agreement.

Despite any other law in force in the Territory:

a young person may enter into a caravan park agreement as a resident and may enforce the agreement under this Act; and

the agreement may be enforced under this Act against the young person unless the Tribunal considers the agreement is harsh or unconscionable.

In this section:

young person means a person who has attained 16 years but not 18 years of age.