Options after giving notice about relocation
145 Options after giving notice about relocation
(1) This section applies if an operator has given a resident a notice under section 144.
(2) The operator and resident may enter into an agreement (a relocation agreement) about the relocation including, for example, the proposed date for the relocation, how the relocation is to be undertaken and the type of caravan to be made available.
(3) If the resident wishes to terminate the caravan park agreement, the resident may give the operator written notice (a relocation termination notice) terminating the agreement on or before the date proposed for the relocation.
(4) If a relocation agreement is not entered into, or a relocation termination notice is not given, within the period of 30 days after the notice under section 144 is given, the operator may apply to the Commissioner for an order about the relocation.
(5) The Commissioner must consider the application in a way the Commissioner considers appropriate.
After considering the application, the Commissioner may:
(a) if the Commissioner considers there was sufficient grounds for the operator to be satisfied it was necessary to relocate the resident from a caravan site or caravan in the caravan park to another caravan site or caravan in the park – make an order declaring the resident must relocate, the date for relocation and the place to which the resident must relocate; or
(b) otherwise – make an order declaring the resident need not relocate to another caravan site or caravan in the caravan park.
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