Holiday Parks (Long-term Casual Occupation) Act 2002 (NSW)

Holiday Parks (Long-term Casual Occupation) Act 2002 No 88

An Act to set out the rights and obligations of long-term casual occupants of holiday parks and the park owners; to amend various Acts; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Holiday Parks (Long-term Casual Occupation) Act 2002.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— approved form means a form approved by the principal registrar of the Tribunal. exercise a function includes perform a duty. function includes a power, authority or duty. holiday park means— (a) a caravan park (that is, land, including a camping ground, on which caravans, or caravans and other moveable dwellings, have been, are or are to be placed, installed or erected), or (b) a manufactured home estate (that is, land on which manufactured homes have been, are or are to be placed), whether or not the caravan park or manufactured home estate is the subject of an approval under the Local Government Act 1993. investigator means an investigator appointed under section 18 of the Fair Trading Act 1987. long-term casual occupant means an occupant under an occupation agreement to which this Act applies. manufactured home means a self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities) that comprises one or more major sections, and is not a registrable moveable dwelling, and includes any associated structures that form part of the dwelling. moveable dwelling means— (a) any caravan or other van or other portable device (whether on wheels or not) other than a tent, used for human habitation, or (b) a manufactured home, or (c) any conveyance, structure or thing (other than a tent or similar structure) of a class or description prescribed by the regulations for the purposes of this definition. occupant means a person who has the right to occupy a site under an occupation agreement. occupation agreement means any agreement under which a person grants to another person for value a right to occupy a site— (a) whether or not the right is a right of exclusive occupation, and (b) whether the agreement is express or implied, and (c) whether the agreement is oral or in writing, or partly oral and partly in writing. occupation fee means an amount payable under an occupation agreement by an occupant in respect of a period of the occupancy. park manager, in relation to a holiday park, means the person employed or appointed as park manager under section 45. park owner, in relation to an occupation agreement, means any person who grants the right to occupy a site under the occupation agreement. relocatable home means a moveable dwelling that is not— (a) a moveable dwelling that is a motor vehicle, trailer or other registrable vehicle within the meaning of the Road Transport Act 2013, or (b) a moveable dwelling of a type prescribed by the regulations for the purposes of this paragraph. Secretary means— (a) the Commissioner for Fair Trading, Department of Customer Service, or (b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Customer Service. signed includes executed by a corporation in any manner permitted by law. site means a site within a holiday park that is used, or is intended to be used, for the installation of a moveable dwelling for long-term casual occupation and includes any other part of premises (such as a parking space or storeroom) let with the site. Tribunal means the Civil and Administrative Tribunal.