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This Act may be cited as the Caravan Parks and Camping Grounds Act 1995.
This Act comes into operation on such day as is, or days as are respectively, fixed by proclamation.
This Act does not apply to or in respect of a caravan park or camping ground operated by a public sector body, as defined in the Public Sector Management Act 1994.
The Governor may by order in council, on the recommendation of the Minister, declare that caravan parks and camping grounds in any area of the State specified in the order are exempt from —
the application of this Act, or any provisions of this Act; or
any subsidiary legislation made under this Act, or any provisions of that subsidiary legislation,
specified in that order.
The objects of this Act are —
to provide for the licensing of caravan parks and camping grounds; and
to regulate caravanning and camping; and
to improve and promote caravanning and camping; and
to ensure that the design and layout of land used for caravan parks and camping grounds and the provision and availability of amenities and services meet desirable standards; and
to ensure that the standards of caravans and annexes in caravan parks are adequate to protect the health and safety of the occupiers.
In this Act, unless the contrary intention appears —
annexe means an attachment to a caravan, of a prescribed type or description, used as an extension of the habitable area of that caravan;
authorised person means a person appointed to be an authorised person under —
section 17(1)(a); or
the Local Government Act 1995 section 9.10(2) for the purposes of this Act;
camp means any portable shed or hut, tent, tent fly, awning, blind or other portable thing used as or capable of being used for habitation and includes a vehicle of a prescribed type or in prescribed circumstances;
camping ground means an area of land on which camps, but not caravans, are situated for habitation but does not include any land prescribed for the purposes of this definition;
caravan means a vehicle that is fitted or designed for habitation, and unless the contrary intention appears, includes an annexe;
caravan park means an area of land on which caravans, or caravans and camps, are situated for habitation;
Committee means the Caravan Parks and Camping Grounds Advisory Committee established under section 25;
Department means the department of the public service of the State principally assisting the Minister in the administration of the Local Government Act 1995;
district means an area that has been declared to be a district under the Local Government Act 1995, and in relation to a local government means the district of that local government;
facility means a caravan park or camping ground;
licence means a licence granted under section 7;
occupier means a person who occupies a site in a caravan park or camping ground;
operate means to carry on the business of a caravan park or camping ground and includes causing, employing or engaging another person to carry on that business;
park home means a vehicle of a prescribed class or description that is fitted or designed for habitation;
prescribed means prescribed by regulation;
site means an area in a facility —
marked, or intended, for the use of one caravan or camp; or
that is a lot in a freehold scheme under the Strata Titles Act 1985;
vehicle means a conveyance (other than a train, vessel or aircraft) capable of being propelled or drawn on wheels;
works specification notice means a works specification notice given under section 21(3).
Unless the contrary intention appears, in this Act, a reference to local government in relation to a facility is to be taken to be a reference to the local government of the district in which the facility is situated.
[Section 5 amended: No. 14 of 1996 s. 4; No. 30 of 2018 s. 125; No. 16 of 2019 s. 84.]
On and after the appointed day a person must not operate a facility, or a facility of a prescribed type, unless the person holds the appropriate licence under this Act in relation to that facility.
Penalty: $5 000.
In subsection (1) —
appointed day means such day as is fixed by the Minister by notice published in the Government Gazette to be the appointed day for the purpose of that subsection 2.
An application for the grant or renewal of a licence for a facility is to be —
made to the local government in the appropriate prescribed form; and
accompanied by the appropriate fee prescribed; and
accompanied by any information that the local government reasonably requires for a proper consideration of the application.
An applicant is to provide the local government with any further information that the local government by notice in writing requires the applicant to provide in respect of an application.
An applicant must, if required to do so by the local government, verify by statutory declaration any information contained in, or given in connection with, an application.
Subject to this section, a local government may grant or renew a licence and at any time may impose conditions on that licence.
Before granting a licence a local government must ensure that —
the applicant has complied with the requirements of this Act;
the applicant is the owner of the land on which the facility is situated, or is to be situated, or has the written approval of the owner of that land to apply for a licence.
A local government may refuse to renew a licence if —
the licence holder has been convicted of an offence against this Act or any other written law relating to caravanning or camping which, in the opinion of the local government, renders the licence holder an unsuitable person to hold a licence; or
a condition imposed on the licence has been contravened; or
the licence was obtained by fraud or misrepresentation.
Where a local government refuses to grant or renew a licence it must give notice in writing of that decision to the applicant.
Notice of a decision under this section is to state that the applicant or licence holder is entitled to apply to the State Administrative Tribunal for a review of the decision.
[Section 7 amended: No. 55 of 2004 s. 93.]
A licence remains in force for the prescribed period unless —
it is provided otherwise in the licence; or
it is cancelled.
If a person applies to the local government for the renewal of a licence for a facility within 28 days after the day on which it has expired, the licence may be renewed despite the fact that it has expired.
If a licence is renewed as provided under subsection (1), the licence is to be taken —
to have been renewed from the day on which the renewal was effected; and
to have been of no effect during the period from the day on which it expired until the day on which it was renewed; and
to be renewed for a period ending on the day on which the licence would have expired if it had been renewed on time.
The regulations may prescribe an additional fee payable by way of penalty if a licence is renewed as provided under subsection (1).
A local government may by notice in writing give to a licence holder a prohibition notice if, in the opinion of the local government, the licence holder is contravening —
this Act; or
any conditions imposed on the licence; or
any other matter which may be prescribed for the purpose of this subsection.
A prohibition notice is to —
specify the reason the notice is given; and
state that the licence holder is entitled to apply to the State Administrative Tribunal for a review of the decision to give the notice.
A local government is to forward a copy of every prohibition notice given to a licence holder to the chief executive officer of the Department.
A licence holder who is given a prohibition notice must ensure that the notice is clearly displayed in a conspicuous place —
at the office of the caravan park; or
at the camping ground,
to which the notice relates during the period it is in force.
Penalty: $2 000.
[Section 10 amended: No. 55 of 2004 s. 94.]
The licence holder of a facility in respect of which a prohibition notice under section 10 is in force must not —
admit any new occupiers to the facility; or
collect from existing occupiers any rents, hirings or other similar charges that fall due during the period that the prohibition notice is in force,
until after the prohibition notice ceases to be in force.
Penalty: $5 000.
When a local government which gave a prohibition notice under section 10 is satisfied that the contravention specified in the notice is no longer continuing it must give written notice to the licence holder that the prohibition notice is no longer in force and at that time the notice ceases to be in force.
[Section 11 amended: No. 55 of 2004 s. 95.]
Subject to this section, a local government may by notice in writing given to a licence holder cancel a licence for a facility on the grounds that —
the licence holder has been convicted of an offence against this Act or any other written law relating to caravanning or camping which, in the opinion of the local government, renders the licence holder an unsuitable person to hold the licence; or
a condition imposed on the licence has been contravened; or
the licence was obtained by fraud or misrepresentation.
Before a local government cancels a licence it must give the licence holder notice in writing of the proposal to cancel the licence and the reason why the cancellation is proposed.
A notice given under subsection (2) is to state that within 14 days after the notice is given the person to whom it is given may make representations in writing to the local government concerning the matter, and the local government is not to cancel the licence without considering any representations received within that period.
Notice of a decision to cancel a licence under subsection (1) is to state that the licence holder is entitled to apply to the State Administrative Tribunal for a review of the decision.
[Section 12 amended: No. 55 of 2004 s. 96.]