Relevant interest — owner‑occupier of caravan or park home
29B Relevant interest — owner‑occupier of caravan or park home
In this section —
caravan has the meaning given to that term in the Caravan Parks and Camping Grounds Act 1995;
caravan park has the meaning given to that term in the Caravan Parks and Camping Grounds Act 1995;
lessor, in relation to land, has the meaning given in the Residential Tenancies Act 1987 section 3;
park home has the meaning given to that term in the Caravan Parks and Camping Grounds Act 1995;
residential tenancy agreement has the meaning given to that term in the Residential Tenancies Act 1987;
site has the meaning given to that term in the Caravan Parks and Camping Grounds Act 1995.
Where an eligible person who occupies a site on land in a caravan park —
has entered into a prescribed charge arrangement described in subsection (3) in relation to the land or is taken to have entered into such an arrangement under subsection (4); and
is and remains liable to pay the prescribed charge as an amount payable under the prescribed charge arrangement,
that person has an interest in the land which is to be taken to be relevant for the purposes of this Act.
An eligible person enters into a prescribed charge arrangement for the purposes of this section if the person enters into a written contract, agreement, scheme, deed or other written arrangement with the lessor of land in a caravan park to pay, either directly or indirectly, a prescribed charge on the land occupied by the person as an owner‑occupier.
An eligible person is taken to have entered into a prescribed charge arrangement for the purposes of this section if the eligible person —
was the spouse or de facto partner of a deceased eligible person who had entered into a prescribed charge arrangement; and
was residing with the deceased eligible person at the time of his or her death.
An eligible person occupies a site as an owner‑occupier for the purposes of this section if —
the eligible person —
is the owner of a caravan or park home situated on the site in a caravan park; and
has, under the terms of a written residential tenancy agreement and from the date on which an entitlement of that person is registered, an exclusive right to occupy that site for a term of 5 years or longer, or such other term as may be prescribed in place of that term;
or
the eligible person —
is the spouse or de facto partner of an eligible person referred to in paragraph (a), or was the spouse or de facto partner of a deceased person who was an eligible person referred to in paragraph (a) at the time of his or her death; and
resides with that person, or was residing with that deceased person at the time of his or her death.
[Section 29B inserted: No. 9 of 2005 s. 11; amended: No. 60 of 2011 s. 104.]
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.