{"id":"nsw:act-2002-088","name":"Holiday Parks (Long-term Casual Occupation) Act 2002","slug":"holiday-parks-long-term-casual-occupation-act-2002","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"88 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105063,"registerId":"nsw-act-2002-088-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Holiday Parks (Long-term Casual Occupation) Act 2002](/view/html/inforce/current/act-2002-088).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > approved form means a form approved by the principal registrar of the Tribunal.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > holiday park means—\n> > \n> > > (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\n> > \n> > > (b) a manufactured home estate (that is, land on which manufactured homes have been, are or are to be placed),\n> > \n> > whether or not the caravan park or manufactured home estate is the subject of an approval under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> > \n> > investigator means an investigator appointed under section 18 of the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068).\n> > \n> > long-term casual occupant means an occupant under an occupation agreement to which this Act applies.\n> > \n> > 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.\n> > \n> > moveable dwelling means—\n> > \n> > > (a) any caravan or other van or other portable device (whether on wheels or not) other than a tent, used for human habitation, or\n> > \n> > > (b) a manufactured home, or\n> > \n> > > (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.\n> > \n> > occupant means a person who has the right to occupy a site under an occupation agreement.\n> > \n> > occupation agreement means any agreement under which a person grants to another person for value a right to occupy a site—\n> > \n> > > (a) whether or not the right is a right of exclusive occupation, and\n> > \n> > > (b) whether the agreement is express or implied, and\n> > \n> > > (c) whether the agreement is oral or in writing, or partly oral and partly in writing.\n> > \n> > occupation fee means an amount payable under an occupation agreement by an occupant in respect of a period of the occupancy.\n> > \n> > park manager, in relation to a holiday park, means the person employed or appointed as park manager under section 45.\n> > \n> > park owner, in relation to an occupation agreement, means any person who grants the right to occupy a site under the occupation agreement.\n> > \n> > relocatable home means a moveable dwelling that is not—\n> > \n> > > (a) a moveable dwelling that is a motor vehicle, trailer or other registrable vehicle within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), or\n> > \n> > > (b) a moveable dwelling of a type prescribed by the regulations for the purposes of this paragraph.\n> > \n> > Secretary means—\n> > \n> > > (a) the Commissioner for Fair Trading, Department of Customer Service, or\n> > \n> > > (b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Customer Service.\n> > \n> > signed includes executed by a corporation in any manner permitted by law.\n> > \n> > 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.\n> > \n> > Tribunal means the Civil and Administrative Tribunal.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) In this Act, a reference to an occupant includes a person to whom an occupant has granted the right to occupy a site.\n> \n> > (3) For the purposes of determining whether an agreement is an occupation agreement as defined in subsection (1), it does not matter that the person granted the right of occupation is a corporation if the site is occupied (or intended for occupation) by a natural person.\n> \n> **s 3:** Am 2013 No 19, Sch 4.27; 2013 No 95, Sch 4.18 \\[1\\]; 2013 No 97, Sch 3.7 \\[1\\]; 2015 No 15, Sch 1.14 \\[1\\]; 2016 No 55, Sch 1.12 \\[1\\]; 2022 No 59, Sch 3.35.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"#### 4 Notes\n\n4 Notes\n\n> Notes included in this Act do not form part of this Act.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of Act","content":"# Part 2 Application of Act\n\nPart 2 Application of Act","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Act applies to long-term casual occupants","content":"#### 5 Act applies to long-term casual occupants\n\n5 Act applies to long-term casual occupants\n\n> > (1) This Act applies to any occupation agreement in relation to a site—\n> > \n> > > (a) entered into by an occupant who has a principal place of residence somewhere other than the site, and\n> > \n> > > (b) under which the occupant installs the occupant’s own moveable dwelling on the site and leaves it there all of the time that the occupation agreement continues in force, and\n> > \n> > > (c) under which the occupant can occupy the site for no more than 180 days in any 12-month period (in a continuous or broken period), and\n> > \n> > > (d) under which—\n> > > \n> > > > (i) the occupant agrees, with the consent of the park owner, to be an occupant on a casual basis for at least 12 months, or\n> > > \n> > > > (ii) the occupant has, with the consent of the park owner, been an occupant on a casual basis for at least 12 months.\n> \n> > (2) This Act applies whether the relevant occupation agreement was entered into before or after the commencement of this section, unless a particular provision provides otherwise.\n> \n> > (3) Subject to sections 14 and 16, if this Act applies to an occupation agreement, it so applies despite the terms of any such occupation agreement or any other contract, agreement or arrangement, whether made before or after the commencement of this section.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Agreements and sites to which Act does not apply","content":"#### 6 Agreements and sites to which Act does not apply\n\n6 Agreements and sites to which Act does not apply\n\n> > (1) This Act does not apply to an occupation agreement of a class prescribed by the regulations for the purposes of this subsection.\n> \n> > (2) This Act does not apply to—\n> > \n> > > (a) any site ordinarily used or intended to be used for tourist arrangements or other holiday purposes other than long-term casual occupation of the kind described in section 5 (1), or\n> > \n> > > (b) any site, or part of a site, prescribed by the regulations for the purposes of this paragraph.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Certain other Acts have no or limited application","content":"#### 7 Certain other Acts have no or limited application\n\n7 Certain other Acts have no or limited application\n\n> > (1) Neither the [Residential Tenancies Act 2010](/view/html/inforce/current/act-2010-042) nor the [Residential (Land Lease) Communities Act 2013](/view/html/inforce/current/act-2013-097) applies to an agreement to which this Act applies.\n> \n> > (2) However, Part 8 of the [Residential (Land Lease) Communities Act 2013](/view/html/inforce/current/act-2013-097) applies to sites occupied under occupation agreements to which this Act applies and the occupants of those sites.\n> \n> **s 7:** Subst 2013 No 97, Sch 3.7 \\[2\\].","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Act to bind Crown","content":"#### 8 Act to bind Crown\n\n8 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Rights of prospective occupants of holiday parks to be provided with information","content":"# Part 3 Rights of prospective occupants of holiday parks to be provided with information\n\nPart 3 Rights of prospective occupants of holiday parks to be provided with information","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Prospective occupants have a right to certain information","content":"#### 9 Prospective occupants have a right to certain information\n\n9 Prospective occupants have a right to certain information\n\n> > (1) A park owner who proposes to enter into an occupation agreement under which a person will be the occupant of a site must prepare, or arrange for the preparation of, a document that includes the following questions, and any other questions that may be prescribed by the regulations, and correct written answers to those questions—\n> > \n> > > (a) What occupation fees will be charged under the occupation agreement?\n> > \n> > > (b) Will there be any extra occupation fees charged during school holidays or any other busy periods?\n> > \n> > > (c) Will there be any extra occupation fees charged for additional occupants or visitors?\n> > \n> > > (d) Will the occupant have to pay any additional or extraordinary charges (other than occupation fees), for instance any gas or water charges? If the occupant does have to pay, for what purposes does the occupant have to pay?\n> > \n> > > (e) What are the costs of preparing the occupation agreement?\n> > \n> > > (f) How much notice will the occupant get before occupation fees go up?\n> > \n> > > (g) How much notice will the occupant get before he or she is asked to leave the site or otherwise end the agreement?\n> > \n> > > (h) How will any disputes about the occupation agreement be sorted out, or any other disagreements?\n> > \n> > > (i) Can an occupant sell the occupant’s moveable dwelling while it is in the holiday park? What restrictions are there on an occupant regarding the sale of the occupant’s moveable dwelling while it is in the holiday park? What are the commission arrangements if the park owner sells the occupant’s moveable dwelling?\n> > \n> > > (j) Is there any restriction on the types of moveable dwellings allowed at the park?\n> > \n> > > (k) What can the occupant put on the site besides the moveable dwelling (such as a carport or garden shed)? The answer to this should take into account—\n> > > \n> > > > (i) what the park owner will permit, and\n> > > \n> > > > (ii) what the local council will permit, and\n> > > \n> > > > (iii) what regulations made under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) will permit.\n> > \n> > > (l) Are there restrictions on the use of common facilities? If so, what hours are the facilities available and who may use the facilities? Are there any other restrictions on the use of these facilities?\n> > \n> > > (m) Who pays for the cost of an occupant’s dwelling being relocated within the park during the term of the occupation agreement?\n> \n> > (2) The park owner must not enter into an occupation agreement in relation to a site unless the prospective occupant under that agreement has first been provided with a copy of the document referred to in subsection (1).\n> \n> Maximum penalty—2 penalty units.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Prospective occupants have a right to be provided with the park rules for casual occupants","content":"#### 10 Prospective occupants have a right to be provided with the park rules for casual occupants\n\n10 Prospective occupants have a right to be provided with the park rules for casual occupants\n\n> A park owner must not enter into an occupation agreement in relation to a site within a holiday park with a prospective long-term casual occupant unless the prospective occupant under that agreement is provided, before or at the time of entering into the agreement, with a copy of the park rules for casual occupants that are in force for the holiday park.\n> \n> Maximum penalty—2 penalty units.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Occupation agreements","content":"# Part 4 Occupation agreements\n\nPart 4 Occupation agreements","sortOrder":13},{"sectionNumber":"Division 1","sectionType":"division","heading":"Written agreements","content":"## Division 1 Written agreements\n\nDivision 1 Written agreements","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"What are the terms of a written occupation agreement?","content":"#### 11 What are the terms of a written occupation agreement?\n\n11 What are the terms of a written occupation agreement?\n\n> > (1) Every occupation agreement that is wholly or partly in writing is taken to include the following standard terms—\n> > \n> > > (a) every term set out in Schedule 1 (with the blank spaces filled in with appropriate details), and\n> > \n> > > (b) every term prescribed by the regulations,\n> > \n> > whether or not the term appears in the written agreement.\n> \n> > (2) An occupation agreement that is wholly or partly in writing may include additional terms only if—\n> > \n> > > (a) they are consistent with this or any other Act, and\n> > \n> > > (b) they are consistent with the standard terms of the agreement included in the agreement by subsection (1).\n> \n> > (3) Any additional terms must be set out in a separate and clearly labelled part of the agreement.\n> \n> > (4) A term (including an additional term) of an occupation agreement is void to any extent to which it is inconsistent with this or any other Act or any term included in the agreement by subsection (1).\n> \n> > (5) An additional term is void if the Tribunal so orders, on application by an occupant or a park owner, on being satisfied that the additional term contravenes subsection (2).","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Park owner to give occupant copy of occupation agreement","content":"#### 12 Park owner to give occupant copy of occupation agreement\n\n12 Park owner to give occupant copy of occupation agreement\n\n> If the occupation agreement is wholly or partly in writing, the park owner must give the occupant a copy of the signed occupation agreement for the occupant to keep, as soon as is reasonably practicable after it is signed by all the parties.\n> \n> Maximum penalty—5 penalty units.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"What if the occupation agreement is not signed?","content":"#### 13 What if the occupation agreement is not signed?\n\n13 What if the occupation agreement is not signed?\n\n> > (1) If an occupation agreement has been signed by an occupant and given to the park owner or accepted by a person on the park owner’s behalf and has not been signed by the park owner—\n> > \n> > > (a) acceptance of occupation fees by or on behalf of the park owner without reservation, or\n> > \n> > > (b) any act of part performance of the agreement by or on behalf of the park owner,\n> > \n> > gives the document the same effect it would have if it had been signed by the park owner on the first day in respect of which occupation fees were accepted or on the day on which such an act was first performed.\n> \n> > (2) This section applies despite section 54A (which requires certain contracts in relation to land to be in writing) of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006).","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"What happens to current occupants under existing written agreements?","content":"#### 14 What happens to current occupants under existing written agreements?\n\n14 What happens to current occupants under existing written agreements?\n\n> > (1) In this section, relevant agreement means an agreement that, if this Act had been in force at the time the agreement was made, would be an occupation agreement.\n> \n> > (2) If a written relevant agreement was in force before the commencement of this section, that agreement continues in force until a new occupation agreement is made under this Act.\n> \n> > (3) If a new occupation agreement is not made within 12 months after the commencement of this section, and the relevant agreement continues in force, the occupation agreement is taken, from a date that is 12 months after the commencement of this section, to include every term set out in Schedule 1 (except clause 25) and the regulations (with the blank spaces filled in with the appropriate details). A term of such an occupation agreement is void to any extent to which it is inconsistent with this or any other Act or any term included in the agreement by Schedule 1 and the regulations.","sortOrder":18},{"sectionNumber":"Division 2","sectionType":"division","heading":"Oral agreements","content":"## Division 2 Oral agreements\n\nDivision 2 Oral agreements","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"What if there is no written agreement?","content":"#### 15 What if there is no written agreement?\n\n15 What if there is no written agreement?\n\n> > (1) A park owner who, after the commencement of this section, knowingly enters into an occupation agreement that is not in writing or that is only partly in writing is guilty of an offence.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (2) The fact that an occupation agreement is not in writing does not by itself mean that the agreement is void or voidable.\n> \n> > (3) An occupation agreement that is not in writing is taken to include the following standard terms—\n> > \n> > > (a) every term set out in Schedule 1 (with the blank spaces filled in with appropriate details), and\n> > \n> > > (b) every term prescribed by the regulations.\n> \n> > (4) An occupation agreement that is not in writing may include additional terms only if—\n> > \n> > > (a) they are consistent with this Act and every other Act, and\n> > \n> > > (b) they are consistent with the standard terms of the agreement included in the agreement by subsection (3).\n> \n> > (5) A term of an occupation agreement is void to any extent to which it is inconsistent with this or any other Act or any term included in the agreement by subsection (3).\n> \n> > (6) An additional term is void if the Tribunal so orders, on application by an occupant or a park owner, on being satisfied that the additional term contravenes subsection (4).\n> \n> > (7) This section applies despite section 54A (which requires certain contracts in relation to land to be in writing) of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006).","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"What happens to current occupants under existing oral agreements?","content":"#### 16 What happens to current occupants under existing oral agreements?\n\n16 What happens to current occupants under existing oral agreements?\n\n> > (1) In this section, relevant agreement means an agreement that, if this Act had been in force at the time that the agreement was made, would be an occupation agreement.\n> \n> > (2) If a relevant agreement that is not in writing or that is only partly in writing was in force before the commencement of this section, that agreement continues in force until a new occupation agreement is made under this Act.\n> \n> > (3) If a new occupation agreement is not made within 12 months after the commencement of this section, and the relevant agreement continues in force, the agreement is taken, from a date that is 12 months after the commencement of this section, to include every term set out in Schedule 1 (except clause 25) and the regulations (with the blank spaces filled in with the appropriate details). A term of an occupation agreement is void to any extent to which it is inconsistent with this or any other Act or any term included in the agreement by section 15 (3).","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"No costs payable for oral agreement","content":"#### 17 No costs payable for oral agreement\n\n17 No costs payable for oral agreement\n\n> A park owner is not entitled to any costs in relation to the preparation of an occupation agreement that is not in writing.","sortOrder":22},{"sectionNumber":"Division 3","sectionType":"division","heading":"What happens to a fixed term agreement after the fixed term ends?","content":"## Division 3 What happens to a fixed term agreement after the fixed term ends?\n\nDivision 3 What happens to a fixed term agreement after the fixed term ends?","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Fixed term agreement may specify that it continues","content":"#### 18 Fixed term agreement may specify that it continues\n\n18 Fixed term agreement may specify that it continues\n\n> If an occupation agreement that creates an occupancy for a fixed term includes a provision for its continuation after the fixed term ends, that provision has effect.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Park owner or occupant may terminate agreement when fixed term ends","content":"#### 19 Park owner or occupant may terminate agreement when fixed term ends\n\n19 Park owner or occupant may terminate agreement when fixed term ends\n\n> If an occupation agreement creates an occupancy for a fixed term and the fixed term ends, the park owner or the occupant may terminate the occupation agreement in accordance with the terms of the agreement relating to termination.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Continuation of fixed term agreements if park owner or occupant does not terminate","content":"#### 20 Continuation of fixed term agreements if park owner or occupant does not terminate\n\n20 Continuation of fixed term agreements if park owner or occupant does not terminate\n\n> > (1) This section applies if—\n> > \n> > > (a) an occupation agreement creates an occupancy for a fixed term, and\n> > \n> > > (b) the occupation agreement has no provision in it for continuation after the fixed term ends, and\n> > \n> > > (c) neither the park owner nor the occupant has terminated the occupation agreement when the fixed term ends.\n> \n> > (2) An occupation agreement to which this section applies is to continue to apply on the same terms as those applying immediately before the day on which the fixed term ends, other than the term that set the fixed term for the agreement and the term fixing the amount of the occupation fee.\n> \n> > (3) The occupation agreement continues on the basis that the occupant is holding over under a periodic occupancy, that is, on the basis that the occupation fee is paid and accepted at regular fixed intervals and the occupancy of the occupant continues indefinitely from one period to the next until terminated by notice equal to the length of the applicable period.","sortOrder":26},{"sectionNumber":"Part 5","sectionType":"part","heading":"Occupation fees and charges","content":"# Part 5 Occupation fees and charges\n\nPart 5 Occupation fees and charges","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Nature of amounts to be paid for agreement","content":"#### 21 Nature of amounts to be paid for agreement\n\n21 Nature of amounts to be paid for agreement\n\n> A person must not demand, require or receive from an occupant or prospective occupant any monetary consideration for or in relation to entering into, renewing, extending or continuing an occupation agreement other than—\n> \n> > (a) occupation fees, and\n> \n> > (b) any other charges that the occupant agrees or has agreed to pay under the occupation agreement, and\n> \n> > (c) any charges or other amounts that may be prescribed by the regulations.\n> \n> Maximum penalty—20 penalty units.","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Occupation fees in advance","content":"#### 22 Occupation fees in advance\n\n22 Occupation fees in advance\n\n> > (1) A person must not demand or require another person to pay, as occupation fees in advance under an occupation agreement, more than 3 months’ occupation fees.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (2) A person must not demand or require the payment of any occupation fees (other than the first payment) under an occupation agreement for a period of the occupancy to be made before the end of the previous period for which occupation fees have been paid.\n> > \n> > Maximum penalty—5 penalty units.","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Receipts for occupation fees and charges","content":"#### 23 Receipts for occupation fees and charges\n\n23 Receipts for occupation fees and charges\n\n> > (1) If occupation fees or other charges under an occupation agreement are paid in person, any person who receives payment of the fees or charges must, without delay, give to the person making the payment a receipt for the payment.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (2) If occupation fees or charges under an occupation agreement are not paid in person, the park owner or the park manager must, on receipt of the fees or charges, prepare or cause to be prepared a receipt for the fees or charges and make the receipt available for collection by the occupant or give it to the occupant.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (3) A receipt for occupation fees or charges is not a receipt for the purposes of this section unless it includes the following particulars—\n> > \n> > > (a) the name and address of the holiday park, and the number of the site,\n> > \n> > > (b) the period for which the fees or charges are paid,\n> > \n> > > (c) the date on which the fees or charges are received,\n> > \n> > > (d) the amount of fees or charges paid.\n> \n> > (4) This section does not apply to occupation fees paid in accordance with an agreement between the park owner and the occupant into an account at an authorised deposit-taking institution nominated by the park owner.\n> \n> **s 23:** Am 2024 No 25, Sch 6.11\\[1\\].","sortOrder":30},{"sectionNumber":"Part 6","sectionType":"part","heading":"Park rules for casual occupants","content":"# Part 6 Park rules for casual occupants\n\nPart 6 Park rules for casual occupants","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Park rules for casual occupants form part of occupation agreements","content":"#### 24 Park rules for casual occupants form part of occupation agreements\n\n24 Park rules for casual occupants form part of occupation agreements\n\n> > (1) The park rules for casual occupants for a holiday park, as in force from time to time, are terms of every occupation agreement in respect of a site in the holiday park.\n> \n> > (2) However, a park rule—\n> > \n> > > (a) that is inconsistent with this or any other Act, or\n> > \n> > > (b) that is inconsistent with a term of an occupation agreement,\n> > \n> > is not a term of that agreement, to the extent of the inconsistency.","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Amendment of park rules for casual occupants","content":"#### 25 Amendment of park rules for casual occupants\n\n25 Amendment of park rules for casual occupants\n\n> > (1) A park owner may make written amendments to any park rules for casual occupants made in relation to a holiday park. Those amendments may deal only with occupation agreements to which this Act applies, occupants under such agreements and their guests.\n> \n> > (2) Notice of a proposed amendment must be given to each long term casual occupant of the holiday park at least 7 days before the day on which the amendment is to have effect.\n> \n> > (3) On the day on which an amendment to the park rules for casual occupants takes effect, the park rules for casual occupants are amended in accordance with the amendment.\n> \n> > (4) For the purposes of this section, an amendment of park rules for casual occupants includes—\n> > \n> > > (a) a variation of a park rule for casual occupants, and\n> > \n> > > (b) the addition to the park rules for casual occupants of a new rule, and\n> > \n> > > (c) the repeal of an existing park rule for casual occupants, and\n> > \n> > > (d) the repeal of all existing park rules for casual occupants and their replacement by new rules.","sortOrder":33},{"sectionNumber":"Part 7","sectionType":"part","heading":"What if something goes wrong?","content":"# Part 7 What if something goes wrong?\n\nPart 7 What if something goes wrong?","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Applications to the Tribunal relating to a breach of an occupation agreement or to a disagreement","content":"#### 26 Applications to the Tribunal relating to a breach of an occupation agreement or to a disagreement\n\n26 Applications to the Tribunal relating to a breach of an occupation agreement or to a disagreement\n\n> > (1) If—\n> > \n> > > (a) a park owner or an occupant under an occupation agreement claims that a breach of a term of the agreement has occurred, or\n> > \n> > > (b) a disagreement occurs between a park owner and an occupant concerning a matter that could form the basis of a breach of the occupation agreement (other than an increase in the occupation fee or any other matter of a kind prescribed by the regulations),\n> > \n> > the park owner or the occupant may, not later than 30 days after becoming aware of the breach or the disagreement, apply to the Tribunal for an order in respect of the breach or disagreement.\n> \n> > (2) (Repealed)\n> \n> > (3) An application under this section may be made during the currency of or within 30 days after the termination of an occupation agreement. In addition, an application may be made whether or not the occupation agreement was executed.\n> \n> **s 26:** Am 2009 No 56, Sch 1.18 \\[1\\].","sortOrder":36},{"sectionNumber":"27","sectionType":"section","heading":"What orders can the Tribunal make?","content":"#### 27 What orders can the Tribunal make?\n\n27 What orders can the Tribunal make?\n\n> > (1) The Tribunal may, on application by a person under section 26, make one or more of the following orders—\n> > \n> > > (a) an order that—\n> > > \n> > > > (i) restrains any action in breach of the occupation agreement or the cause of the disagreement, or\n> > > \n> > > > (ii) requires any action in performance of the agreement or to resolve the disagreement,\n> > \n> > > (b) an order for the payment of an amount of money,\n> > \n> > > (c) an order that the park owner give the occupant the correct notice of termination of the occupation agreement,\n> > \n> > > (d) an order that a party to the occupation agreement perform any work or take any other steps that the order specifies to remedy a breach of the agreement or to resolve the disagreement,\n> > \n> > > (e) an order as to compensation, including (without limiting the Tribunal’s power to make such an order)—\n> > > \n> > > > (i) compensation for loss of occupation fees, and\n> > > \n> > > > (ii) compensation where a park owner withholds or refuses consent to the removal of any fixture owned by the occupant, and\n> > > \n> > > > (iii) compensation for any other breach of the occupation agreement or for any other loss,\n> > \n> > > (f) an order terminating the occupation agreement and an order for possession of the site.\n> \n> > (2) An order under subsection (1) (a) may be made even though it provides a remedy in the nature of an injunction or order for specific performance in circumstances in which such a remedy would not otherwise be available.\n> \n> **s 27:** Am 2006 No 58, Sch 1.15.","sortOrder":37},{"sectionNumber":"28","sectionType":"section","heading":"Recovery of possession does not require a Tribunal order","content":"#### 28 Recovery of possession does not require a Tribunal order\n\n28 Recovery of possession does not require a Tribunal order\n\n> A person may recover possession of a site in accordance with this Act or an occupation agreement without the need to obtain an order of the Tribunal.","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Recovery of possession of site is prohibited unless it is authorised by an occupation agreement or this Act","content":"#### 29 Recovery of possession of site is prohibited unless it is authorised by an occupation agreement or this Act\n\n29 Recovery of possession of site is prohibited unless it is authorised by an occupation agreement or this Act\n\n> > (1) A person must not, except in accordance with an occupation agreement or this Act, enter a site or part of a site occupied by another person—\n> > \n> > > (a) under an occupation agreement, or\n> > \n> > > (b) as a former occupant holding over after termination of an occupation agreement,\n> > \n> > for the purpose of recovering possession of the site or part of the site.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) This section applies to a person who enters a site or any part of a site, whether on his or her own behalf or on behalf of another person.\n> \n> > (3) A court before which proceedings for an offence under subsection (1) are brought may (in addition to any other penalty) order the person who committed the offence or any person on whose behalf that person acted to pay to the person against whom the offence was committed any compensation that it thinks fit.","sortOrder":40},{"sectionNumber":"30","sectionType":"section","heading":"Enforcement of orders for possession","content":"#### 30 Enforcement of orders for possession\n\n30 Enforcement of orders for possession\n\n> > (1) If an order for possession of a site is made by the Tribunal, then the President of the Tribunal, any other member of the Tribunal or a registrar of the Tribunal may—\n> > \n> > > (a) on the application of the person in whose favour the order was made, and\n> > \n> > > (b) if satisfied that the order for possession or a condition of suspension of the order has not been complied with,\n> > \n> > issue a warrant, in the approved form, authorising a sheriff’s officer to enter a site and to give possession to the person in whose favour the order was made.\n> \n> > (2)–(6) (Repealed)\n> \n> **s 30:** Am 2010 No 42, Sch 3.5; 2013 No 95, Sch 4.18 \\[2\\]; 2015 No 15, Sch 1.14 \\[2\\].","sortOrder":41},{"sectionNumber":"Part 8","sectionType":"part","heading":"Abandoned sites","content":"# Part 8 Abandoned sites\n\nPart 8 Abandoned sites\n\n**pt 8, hdg:** Am 2018 No 79, Sch 3.4\\[1\\].","sortOrder":42},{"sectionNumber":"31","sectionType":"section","heading":null,"content":"#### 31\n\n31 (Repealed)","sortOrder":43},{"sectionNumber":"32","sectionType":"section","heading":"Abandoned site","content":"#### 32 Abandoned site\n\n32 Abandoned site\n\n> > (1) The Tribunal may, on application by a park owner under an occupation agreement with respect to a site, make an order that declares that the site was abandoned by the occupant on a day specified by the Tribunal.\n> \n> > (2) The occupant is taken for the purposes of this Act to have abandoned the site on that day.\n> \n> > (3) (Repealed)\n> \n> **s 32:** Am 2009 No 56, Sch 1.18 \\[1\\].","sortOrder":45},{"sectionNumber":"33","sectionType":"section","heading":"Right of park owner to compensation where occupant abandons site","content":"#### 33 Right of park owner to compensation where occupant abandons site\n\n33 Right of park owner to compensation where occupant abandons site\n\n> > (1) If an occupant under an occupation agreement abandons the site, the occupant is liable to pay compensation to the park owner for any loss (including loss of occupation fees) caused by the abandonment.\n> \n> > (2) The park owner must take all reasonable steps to mitigate the loss and is not entitled to compensation for any loss that could have been avoided by taking those steps.\n> \n> > (3) The Tribunal may, on application by the park owner, order an occupant to pay to the park owner any compensation (including compensation for loss of occupation fees) that it thinks fit.\n> \n> **s 33:** Am 2009 No 56, Sch 1.18 \\[2\\].","sortOrder":46},{"sectionNumber":"34","sectionType":"section","heading":null,"content":"#### 34\n\n34–36 (Repealed)","sortOrder":47},{"sectionNumber":"Part 9","sectionType":"part","heading":"Investigations","content":"# Part 9 Investigations\n\nPart 9 Investigations","sortOrder":49},{"sectionNumber":"37","sectionType":"section","heading":"Investigators must show identification","content":"#### 37 Investigators must show identification\n\n37 Investigators must show identification\n\n> > (1) An investigator may not exercise in any place a function conferred by section 38 unless the investigator produces his or her certificate of identification if requested to do so by a person apparently in charge of that place or apparently in charge of any work being performed at that place.\n> \n> > (2) A person is not required to give to an investigator information or evidence, or to produce a document, in compliance with a notice under section 38 unless the investigator produces, if requested to do so, his or her certificate of identification.","sortOrder":50},{"sectionNumber":"38","sectionType":"section","heading":"Power of investigator to obtain information, documents and evidence","content":"#### 38 Power of investigator to obtain information, documents and evidence\n\n38 Power of investigator to obtain information, documents and evidence\n\n> > (1) If the Secretary believes on reasonable grounds that a person is capable of giving information, producing documents or other items or giving evidence in relation to a matter that constitutes, or may constitute, an offence against this Act or the regulations, an investigator may, by notice in writing given to the person, require the person—\n> > \n> > > (a) to provide an investigator, in writing signed by the person (or, in the case of a body corporate, by a competent officer of the body corporate) and given to the investigator within the time and in the manner specified in the notice, with any such information, or\n> > \n> > > (b) to produce to an investigator, in accordance with the notice, any such documents or items, or\n> > \n> > > (c) to appear before an investigator at a time and place specified in the notice and give any such evidence, either orally or in writing, and produce any such documents or items.\n> \n> > (2) If the Secretary believes on reasonable grounds that a person has engaged, or is engaging, in conduct that constitutes, or may constitute, an offence against this Act or the regulations, an investigator may, for the purpose of ascertaining by the examination of documents in the possession or under the control of the person whether the person has engaged, or is engaging, in that conduct—\n> > \n> > > (a) enter and remain in any holiday park, site or other premises, and\n> > \n> > > (b) inspect any documents or items in the possession or under the control of the person, and\n> > \n> > > (c) make copies or photographs of, or take extracts from, those documents or items.\n> \n> > (3) A person must not—\n> > \n> > > (a) without reasonable excuse, refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it, or\n> > \n> > > (b) in purported compliance with such a notice, provide information, or give evidence, that the person knows is false or misleading, or\n> > \n> > > (c) hinder or obstruct an investigator exercising his or her functions under subsection (2).\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (4) A natural person is excused from providing information, giving evidence or producing or permitting the inspection of a document or item in accordance with this section on the ground that the information, evidence, document or item may tend to incriminate the person.\n> \n> > (5) This section does not authorise any person to enter a part of any site that is being used only for residential purposes or is physically occupied without the consent of the occupier of that part of the site.\n> \n> **ss 38–40:** Am 2016 No 55, Sch 1.12 \\[2\\].","sortOrder":51},{"sectionNumber":"39","sectionType":"section","heading":"Inspection of documents and other items by Secretary and others","content":"#### 39 Inspection of documents and other items by Secretary and others\n\n39 Inspection of documents and other items by Secretary and others\n\n> > (1) The Secretary, an authorised officer or an investigator may inspect a document or any other item produced in accordance with a notice under section 38 and may make copies of, or take photographs of, or take extracts from, the document or item.\n> \n> > (2) For the purposes of this Act or the regulations, the Secretary, an authorised officer or an investigator may—\n> > \n> > > (a) take possession, and\n> > \n> > > (b) retain possession for as long as is necessary for those purposes,\n> > \n> > of a document or item produced in accordance with a notice under section 38.\n> \n> > (3) A person who is otherwise entitled to possession of a document or item retained under this section is entitled to be supplied, as soon as practicable, with a copy certified by an authorised officer to be a true copy.\n> \n> > (4) In this section—\n> > \n> > authorised officer means a person authorised in writing by the Secretary as an authorised officer for the purposes of this section.\n> \n> **ss 38–40:** Am 2016 No 55, Sch 1.12 \\[2\\].","sortOrder":52},{"sectionNumber":"40","sectionType":"section","heading":"Exclusion of personal liability","content":"#### 40 Exclusion of personal liability\n\n40 Exclusion of personal liability\n\n> No matter or thing done or omitted to be done by the Secretary, an investigator or an authorised officer (within the meaning of section 39) subjects the Secretary, investigator or other officer to any action, liability, claim or demand if the matter or thing was done or omitted to be done in good faith for the purposes of administering this Act or the regulations.\n> \n> **ss 38–40:** Am 2016 No 55, Sch 1.12 \\[2\\].","sortOrder":53},{"sectionNumber":"Part 10","sectionType":"part","heading":"Enforcement","content":"# Part 10 Enforcement\n\nPart 10 Enforcement","sortOrder":54},{"sectionNumber":"41","sectionType":"section","heading":"Disclosure of information","content":"#### 41 Disclosure of information\n\n41 Disclosure of information\n\n> A person must not disclose any information obtained in connection with the administration or execution of this Act or the regulations, unless that disclosure is made—\n> \n> > (a) with the consent of the person from whom the information was obtained, or\n> \n> > (b) in connection with the administration or execution of this Act or the regulations, or\n> \n> > (c) for the purposes of any legal proceedings arising out of this Act or the regulations or of any report of any such proceedings, or\n> \n> > (d) in accordance with a requirement imposed under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), or\n> \n> > (e) with other lawful excuse.\n> \n> Maximum penalty—5 penalty units.","sortOrder":55},{"sectionNumber":"42","sectionType":"section","heading":"Offences and penalties","content":"#### 42 Offences and penalties\n\n42 Offences and penalties\n\n> A contravention or failure to comply with a provision of this Act for the breach of which a penalty is not specified does not give rise to an offence.","sortOrder":56},{"sectionNumber":"43","sectionType":"section","heading":"Proceedings for offences","content":"#### 43 Proceedings for offences\n\n43 Proceedings for offences\n\n> > (1) Proceedings for an offence against this Act or the regulations are to be dealt with summarily by the Local Court.\n> \n> > (2) Proceedings for an offence against this Act or the regulations may be brought within the period of 12 months after the commission of the offence or, only with the consent of the Attorney General, at any time.\n> \n> **s 43:** Am 2007 No 94, Sch 4.","sortOrder":57},{"sectionNumber":"44","sectionType":"section","heading":"Offences by corporations","content":"#### 44 Offences by corporations\n\n44 Offences by corporations\n\n> > (1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation, or who is concerned in the management of the corporation, is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.\n> \n> > (1A) Subsection (1) does not apply in respect of a contravention of section 9 or 10.\n> \n> > (2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or been convicted under that provision.\n> \n> > (3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.\n> \n> > (4) This section does not apply to or in respect of a person who is a director, or who is concerned in the management, of a statutory corporation.\n> \n> **s 44:** Am 2011 No 2, Sch 1.14.","sortOrder":58},{"sectionNumber":"Part 11","sectionType":"part","heading":"Miscellaneous","content":"# Part 11 Miscellaneous\n\nPart 11 Miscellaneous","sortOrder":59},{"sectionNumber":"45","sectionType":"section","heading":"Park owner may employ or appoint park manager","content":"#### 45 Park owner may employ or appoint park manager\n\n45 Park owner may employ or appoint park manager\n\n> > (1) A park owner may employ or appoint a person as the park manager of the holiday park, with responsibility for the day to day management of the holiday park, including entering into occupation agreements to which this Act applies.\n> \n> > (2) An appointment under this section may be revoked at any time by the park owner.\n> \n> > (3) An occupant, or the Tribunal, may give to the park manager, until the time that the person stops being the park manager, any notices or other documents required by the occupation agreement or this Act to be given to the park owner who employed or appointed the park manager.\n> \n> > (4) A notice or other document that is permitted by this section to be given to a person employed or appointed as a park manager and that is so given is taken to have been given to the park owner who employed or appointed the park manager.\n> \n> > (5) (Repealed)\n> \n> **s 45:** Am 2013 No 97, Sch 3.7 \\[3\\].","sortOrder":60},{"sectionNumber":"46","sectionType":"section","heading":"Consultative Committees","content":"#### 46 Consultative Committees\n\n46 Consultative Committees\n\n> > (1) A park owner may establish a Consultative Committee for the holiday park.\n> \n> > (2) The function of a Consultative Committee is to deal with issues raised by or on behalf of long-term casual occupants.\n> \n> > (3) Any Consultative Committee must include representatives of long-term casual occupants.","sortOrder":61},{"sectionNumber":"46A","sectionType":"section","heading":"False or misleading information","content":"#### 46A False or misleading information\n\n46A False or misleading information\n\n> A park owner must not, in purported compliance with any requirement of this Act, give to any occupant or prospective occupant any information that the park owner knows to be false or misleading in a material particular.\n> \n> Maximum penalty—20 penalty units.\n> \n> **s 46A:** Ins 2010 No 107, Sch 3.7.","sortOrder":62},{"sectionNumber":"47","sectionType":"section","heading":"Service of documents","content":"#### 47 Service of documents\n\n47 Service of documents\n\n> > (1) A notice or other document required to be given to an occupant under this Act may be given—\n> > \n> > > (a) by delivering it personally to the occupant or a person apparently of or above the age of 16 years by whom the occupation fees payable by the occupant are ordinarily paid, or\n> > \n> > > (b) by delivering it to the site occupied by the occupant and by leaving it there with some person apparently of or above the age of 16 years for the occupant, or\n> > \n> > > (c) by sending it by post to the site occupied by the occupant and to the principal place of residence of the occupant, or\n> > \n> > > (c1) by email to an email address specified by the occupant for the service of documents of that kind, or\n> > \n> > > (c2) by other electronic means to an address or location specified by the occupant for the service of documents of that kind, or\n> > \n> > > (d) in any other manner that may be prescribed by the regulations for the purposes of this section or approved by the Tribunal.\n> \n> > (2) A notice or other document required to be given to a park owner under this Act may be given—\n> > \n> > > (a) by delivering it personally to the park owner, the park manager or a person apparently of or above the age of 16 years to whom the occupation fees payable to the park owner are ordinarily paid, or\n> > \n> > > (b) by sending it by post to the park owner’s, or park manager’s, usual place of residence, business or employment, or\n> > \n> > > (c) (Repealed)\n> > \n> > > (c1) by email to an email address specified by the park owner or park manager for the service of documents of that kind, or\n> > \n> > > (c2) by other electronic means to an address or location specified by the park owner or park manager for the service of documents of that kind, or\n> > \n> > > (d) in any other manner that may be prescribed by the regulations for the purposes of this section or approved by the Tribunal.\n> \n> > (3) Nothing in this section affects the operation of a provision of a law or of the rules of a court authorising a document to be served on a person by another method.\n> \n> > (4) This section does not apply to a notice of termination given under an occupation agreement.\n> \n> > (5) In this section—\n> > \n> > serve includes give or send.\n> \n> **s 47:** Am 2013 No 95, Sch 4.18 \\[3\\]; 2017 No 25, Sch 1.18 \\[1\\] \\[2\\]; 2018 No 65, Sch 7.8; 2024 No 25, Sch 6.11\\[2\\]–\\[5\\].","sortOrder":63},{"sectionNumber":"48","sectionType":"section","heading":"Extension of time","content":"#### 48 Extension of time\n\n48 Extension of time\n\n> > (1) The Tribunal may, on its own motion or on application by any person, extend the period of time for the doing of anything under this Act or the regulations.\n> \n> > (2) Such an application may be made even though the relevant period of time has expired.\n> \n> > (3) The provisions of this section are in addition to, and do not derogate from, the provisions of section 41 (Extensions of time) of the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002).\n> \n> **s 48:** Am 2013 No 95, Sch 4.18 \\[4\\].","sortOrder":64},{"sectionNumber":"49","sectionType":"section","heading":"Contracting out prohibited","content":"#### 49 Contracting out prohibited\n\n49 Contracting out prohibited\n\n> > (1) The provisions of this Act and the regulations have effect despite any stipulation to the contrary in any agreement, contract or other arrangement and no occupation agreement, contract or other agreement or arrangement, whether oral or wholly or partly in writing, and whether made or entered into before or after the commencement of this section, operates to annul, vary or exclude any of the provisions of this Act or the regulations.\n> \n> > (2) A person must not enter into any agreement, contract or arrangement with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Act or the regulations.\n> > \n> > Maximum penalty—20 penalty units.","sortOrder":65},{"sectionNumber":"50","sectionType":"section","heading":"Contracts Review Act 1980","content":"#### 50 Contracts Review Act 1980\n\n50 [Contracts Review Act 1980](/view/html/inforce/current/act-1980-016)\n\n> Nothing in this Act limits the operation of the [Contracts Review Act 1980](/view/html/inforce/current/act-1980-016).","sortOrder":66},{"sectionNumber":"51","sectionType":"section","heading":"Regulations","content":"#### 51 Regulations\n\n51 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) A regulation may create an offence punishable by a penalty not exceeding 2 penalty units.","sortOrder":67},{"sectionNumber":"52","sectionType":"section","heading":null,"content":"#### 52\n\n52 (Repealed)","sortOrder":68},{"sectionNumber":"53","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 53 Savings and transitional provisions\n\n53 Savings and transitional provisions\n\n> Schedule 3 has effect.","sortOrder":70},{"sectionNumber":"54","sectionType":"section","heading":"Review of Act","content":"#### 54 Review of Act\n\n54 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":71},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Terms that are taken to be in every occupation agreement","content":"# Schedule 1 Terms that are taken to be in every occupation agreement\n\nSchedule 1 Terms that are taken to be in every occupation agreement\n\n(Sections 11, 14, 15 and 16)\n\n**sch 1:** Am 2013 No 95, Sch 4.18 \\[5\\]; 2014 No 88, Sch 1.13; 2024 No 25, Sch 2.5\\[1\\]–\\[3\\].","sortOrder":72},{"sectionNumber":"35","sectionType":"section","heading":"Obligation to promote compliance with park rules for casual occupants","content":"#### 35 Obligation to promote compliance with park rules for casual occupants\n\n35 Obligation to promote compliance with park rules for casual occupants\n\n> The park owner agrees to take all reasonable steps to make sure that the park owner’s other occupants do not contravene any park rules for casual occupants for the holiday park.","sortOrder":115},{"sectionNumber":"36","sectionType":"section","heading":"Ending this agreement","content":"#### 36 Ending this agreement\n\n36 Ending this agreement\n\n> The park owner and the occupant agree that this agreement can be terminated in one or more of the following circumstances—\n> \n> > (a) if the park owner or the occupant gives notice of termination under this Part,\n> \n> > (b) if the Civil and Administrative Tribunal makes an order terminating this agreement,\n> \n> > (c) if a person having superior title to that of the park owner becomes entitled to possession of the site,\n> \n> > (d) if a person succeeding to the title of the park owner (for example, a purchaser) becomes entitled to possession of the site to the exclusion of the occupant,\n> \n> > (e) if a mortgagee in respect of the site becomes entitled to possession of the site to the exclusion of the occupant,\n> \n> > (f) if the occupant abandons the site,\n> \n> > (g) if the occupant delivers up vacant possession of the site with the prior permission of the park owner, whether or not that permission is subsequently withdrawn,\n> \n> > (h) by merger (that is, where the interests of the park owner and the occupant become vested in the one person),\n> \n> > (i) by disclaimer (for example, on repudiation by the occupant accepted by the park owner),\n> \n> > (j) if the fixed term ends, there is no provision for a continuing agreement and the park owner or the occupant has terminated the agreement after the expiry of the next period for which the occupation fee was payable.","sortOrder":118},{"sectionNumber":"Division 4","sectionType":"division","heading":"Notices of termination","content":"## Division 4 Notices of termination\n\nDivision 4 Notices of termination","sortOrder":125},{"sectionNumber":"Division 5","sectionType":"division","heading":"Miscellaneous","content":"## Division 5 Miscellaneous\n\nDivision 5 Miscellaneous","sortOrder":128},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 2003 No 82, Sch 3.","sortOrder":131},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 3 Savings and transitional provisions\n\nSchedule 3 Savings and transitional provisions\n\n(Section 53)\n\n**sch 3:** Am 2013 No 95, Sch 4.18 \\[6\\] \\[7\\].","sortOrder":132}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"rejection_reason":"","scope_assessment":{"changed":false,"description":"The Act's scope has remained focused on its original 2002 purpose of regulating long-term casual occupation agreements in holiday parks to provide targeted consumer protections and certainty while distinguishing them from residential tenancies and short-term tourist stays. Amendments have updated terminology, Tribunal references and cross-references to newer legislation but have not expanded the core regulatory field."},"complexity_factors":["Extensive definitions in s 3 (over 15 defined terms) with multiple cross-references to the Local Government Act 1993, Road Transport Act 2013, Fair Trading Act 1987 and others","Prescribed standard terms in Schedule 1 (43 clauses) that automatically apply to every agreement whether written or oral","Layered application rules in Part 2 (ss 5–7) that exclude certain sites, prescribe classes by regulation, and carve out limited application of the Residential (Land Lease) Communities Act 2013","Detailed procedural requirements across information disclosure (Part 3), fee handling (Part 5), rule amendment (s 25), Tribunal applications (ss 26–27 with 30-day limits), and service of notices (s 47 allowing email and electronic means)","Transitional provisions (ss 14, 16 and Schedule 3) that deem terms into pre-2002 agreements after 12 months, plus numerous amendment histories"],"plain_english_summary":"**This law sets clear rules for long-term casual stays in holiday parks (like caravan parks or manufactured home estates).**\n\nIt covers agreements where someone leaves their own caravan, relocatable home or manufactured home in the park but has their main home somewhere else. The person can stay no more than 180 days per year (continuous or broken) and must be there on a casual basis for at least 12 months with the park owner’s consent.\n\nPark owners must give prospective occupants a document answering specific questions about fees, extra charges, notice periods, rules, selling the home, and dispute processes **before** any agreement is signed. Agreements (written or oral) automatically include a list of standard terms from Schedule 1 covering fees, behaviour, maintenance, access, and how to end the arrangement. Park rules also become part of the agreement.\n\nThe Act explains how fees can be charged and increased (with 30 days’ notice), requires receipts, limits what extra money can be demanded, and sets notice periods for ending agreements (usually 7–90 days depending on the reason). Disputes go to the NSW Civil and Administrative Tribunal (NCAT), which can order repairs, compensation, or termination. It is **not** covered by normal residential tenancy laws.\n\nIt matters because it fills the gap between short holiday bookings and full-time renting, giving protections to both park owners and occupants without creating permanent housing rights."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act was originally enacted in 2002 to regulate a relatively niche area of holiday park tenure. Over nearly two decades of amendments (19 versions), its scope and protections appear to have been progressively expanded and refined — reflecting growing recognition that long-term casual occupants needed stronger consumer protections, and that the boundaries between 'casual' holiday use and semi-permanent living arrangements had become blurred in practice. The responsible Minister (Better Regulation and Fair Trading) signals a broadened consumer protection focus beyond what a purely 'holiday park' framing might originally have suggested."},"complexity_factors":["The law distinguishes between 'long-term casual occupants' and permanent residents — the boundary between these categories requires careful legal interpretation","The Act has been amended approximately 19 times since 2002, meaning its current form is the product of layered changes that can be difficult to track","It interacts with related NSW legislation (such as the Residential (Land Lease) Communities Act 2013 and Fair Trading Act 1987), requiring cross-referencing to understand the full picture","The concept of 'casual occupation' has a specific legal meaning that differs from everyday usage, which can cause confusion","Dispute resolution mechanisms likely involve multiple bodies (e.g. NSW Civil and Administrative Tribunal — NCAT) with their own procedural rules","Regulated contractual requirements (prescribed forms, mandatory terms) add technical detail that operators and occupants must navigate carefully"],"plain_english_summary":"## Holiday Parks (Long-term Casual Occupation) Act 2002 (NSW)\n\n**What is this law about?**\n\nThis is a NSW law that sets out the rules governing the relationship between **holiday park operators** (the businesses that run caravan parks, camping grounds and similar venues) and **long-term casual occupants** — people who regularly use a site at a holiday park but don't live there permanently.\n\nThink of someone who owns a caravan or cabin at a park and returns to the same spot season after season. This law protects them by setting minimum standards for their agreements with the park operator.\n\n**Who does it affect?**\n\n- **Holiday park operators** across NSW (caravan parks, tourist parks, etc.)\n- **Long-term casual occupants** — people who occupy a site at a holiday park on a recurring, non-permanent basis (e.g. regular holiday-makers with a semi-fixed site)\n- **Note:** This law does NOT cover people who *live* at a caravan park as their primary home — that's covered by separate laws (the *Residential (Land Lease) Communities Act 2013*)\n\n**Why does it matter?**\n\nWithout this law, holiday park occupants could be evicted with little notice, have their fees hiked without warning, or have no formal agreement spelling out their rights. This Act:\n- Requires written occupation agreements (contracts) to be used\n- Sets rules around fees, increases, and what happens if things go wrong\n- Provides a pathway to resolve disputes between occupants and park operators\n- Has been updated **multiple times** since 2002, showing it is an actively maintained and evolving area of consumer protection law\n\n**Bottom line:** If you use a holiday park site regularly and have a long-term arrangement with the park, this law gives you enforceable rights — and the park operator has legal obligations toward you."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act’s operative scope is defined within the instrument: it applies to occupation agreements meeting the criteria in s 5 (with definitions in s 3) and expressly preserves and transitions existing written and oral agreements into the statutory framework where no new agreement is made within specified timeframes (ss 14, 16, 53 and Schedule 3). The instrument also allows the regulations to exclude classes of agreements or sites (s 6), but that is an enabling power within the Act rather than a change to the Act’s core defined scope as set out in s 5."},"complexity_factors":["Technical definitional framework that determines whether the Act applies (detailed definitions in s 3 and application rules in s 5).","Insertion of standard contract terms by statute (s 11 and Schedule 1) which alters ordinary contracting freedom and requires agreement templates to be checked against the Act.","Multiple cross-references to other legislation and bodies (e.g. Residential Tenancies Act, Civil and Administrative Tribunal, Local Government Act) that affect rights and remedies (s 7; ss 26–27; s 3 definitions).","Two different tracks (written agreements and oral/partly written agreements) with different penalties and transitional rules (ss 11, 12, 13, 15, 14, 16).","Detailed procedural and timing rules for information, notices and amendments (ss 9, 10, 25, Schedule 1 clauses on notice periods), creating administrative compliance requirements.","Tribunal-centred dispute resolution and multiple remedial powers (ss 26–27) alongside limited self-help and heavy penalties for unlawful repossession (ss 28–30).","Enforcement and investigatory powers vested in investigators and the Secretary, with specific limits and privilege protections (ss 37–40).","Regulatory carve-outs and delegation to regulations for classes of excluded agreements or sites (s 6 and s 51), which can shift substantive scope outside the Act by regulation."],"plain_english_summary":"What this law does (mechanically)\n\n- The Act sets out rules for “long-term casual occupation” of sites in holiday parks — that is, situations where a person who lives mainly elsewhere places their own caravan or manufactured/home (a “moveable dwelling”) on a site in a holiday park, leaves it there while the agreement continues, can only occupy the site for up to 180 days in any 12‑month period, and is a casual occupant with the park owner’s consent for at least 12 months (see s 3 definitions and s 5).\n- It prescribes mandatory information and documents that park owners must give prospective occupants before entering into an occupation agreement (a prescribed Q&A document and the park’s casual-occupant rules) and creates penalties for failing to do so (ss 9–10).\n- The Act fixes contractual mechanics: written occupation agreements are taken to include a set of standard terms (Schedule 1) and any regulations (s 11). Oral or partly written agreements are largely disallowed (park owners committing to such agreements can be penalised), but if they exist they are also treated as containing the standard terms (s 15). Park owners must give occupants a signed copy of any written agreement (s 12).\n- It limits what park owners may charge and how they may take payment (only occupation fees and agreed charges, occupation fees payable in advance cannot exceed three months, receipts required with specified particulars) (ss 21–23).\n- Park rules for casual occupants are terms of every occupation agreement (s 24). Park owners may amend those rules for casual occupants with at least 7 days’ notice (s 25).\n- The Act creates a dispute pathway through the Civil and Administrative Tribunal, specifies the types of orders the Tribunal can make (including injunctions, compensation and possession), and provides time limits for bringing applications (ss 26–27, 30) and a prohibition on self-help recovery of possession except as authorised (ss 28–29).\n- It contains provisions for abandoned sites and compensation to park owners where abandonment causes loss (ss 32–33).\n- Investigators authorised under fair trading powers may require information and enter and inspect non-residential parts of parks for suspected offences, subject to limits (ss 37–39). Confidentiality and limited liability protections for officers are included (ss 40–41).\n- The Act restricts contracting out: its provisions prevail over contrary terms in agreements and it is an offence to enter agreements intended to defeat the Act (s 49). It permits regulations and contains savings and transitional provisions for existing agreements (ss 51, 53, Schedule 3). A statutory review is required five years after assent (s 54).\n\nWho this affects and who pays\n\n- Primary regulated parties: park owners (and their managers) and long‑term casual occupants (s 3, s 5). Park owners must prepare and provide information documents, include standard terms, keep and provide receipts, administer park rules, and comply with Tribunal orders (ss 9, 11, 12, 23, 24, 25, 27).\n- Park managers, if appointed, can act for park owners and receive notices on their behalf (s 45).\n- Occupants must comply with standard terms (Schedule 1) and park rules; they may be liable for compensation if they abandon a site or breach terms (ss 21, 33, Schedule 1).\n- Financial flows: occupants pay occupation fees and any agreed charges; park owners cannot demand other monetary consideration (s 21). Park owners bear administrative costs of compliance (preparing documents, issuing receipts, lodging Tribunal applications or defending them) and may face penalties for breaches (various penalty provisions).\n\nWhy it matters (official purpose-claims and an incidental assessment of trade-offs and incentives)\n\n- The Act’s stated mechanics aim to standardise the rights and obligations of park owners and long‑term casual occupants, increase pre-contract transparency (required Q&A and park rules), set minimum contract content (standard terms), constrain certain charging and payment practices (limits on advance fees and permissible charges), provide an accessible dispute and enforcement route through the Tribunal, and protect against improper self-help eviction (ss 9–12, 21–24, 26–30, 49).\n\nTesting those claimed mechanisms against practical trade-offs and incentives (source-grounded):\n\n- Compliance burden and administrative cost (park owners): preparing the prescribed information document, providing copies of agreements, issuing receipts containing specified particulars, operating consultative committees if established, and administering notice periods for rule changes impose recurring administrative tasks (ss 9, 12, 14, 23, 25, 46). Those are borne by park owners (and their managers) in the ordinary course of business.\n\n- Limits on cashflow and payment structures (park owners): the prohibition on demanding more than three months’ occupation fees in advance (s 22) restricts the amount of pre-paid revenue park owners can require from occupants, which changes short-term cashflow compared with arrangements allowing larger prepayments.\n\n- Contractual scope and limits on private choice: standard terms (Schedule 1) and the prohibition on contracting out (s 11, s 49) restrict the ability of parties to agree alternative terms that conflict with the Act. Oral agreements are penalised for park owners (s 15), which reduces flexibility in informal contracting but increases certainty about required terms.\n\n- Park owner discretion vs occupant protections: park rules for casual occupants are incorporated into agreements (s 24) and may be amended with seven days’ notice (s 25). That mechanism centralises rule-making with park owners but also requires short notice and retains the Tribunal’s remedial powers (ss 25, 26–27). The Act permits termination by park owners without reason on 90 days’ notice (Schedule 1, cl 40) but also gives occupants notice rights and Tribunal remedies (Schedule 1, cls 37–41; ss 26–27).\n\n- Enforcement and administrative discretion: investigators and the Secretary have information‑gathering powers and limited entry powers for enforcement (ss 37–39). Those powers facilitate compliance monitoring but place responsibilities on the Secretary/ investigators to exercise them within the Act’s limits (including identification, limits on entry to residential parts without consent, and privilege against self-incrimination) (ss 37–38).\n\n- Risks of substitution or regulatory gaps: the Act excludes classes of agreements or sites that the regulations may prescribe (s 6). That creates a regulatory boundary where behaviour or contractual forms could be shifted to arrangements outside the Act’s scope if those forms meet a regulatory exclusion.\n\nImplementation risks and remedies\n\n- Tribunal reliance: many remedies and dispute outcomes depend on the Civil and Administrative Tribunal (ss 26–27). That gives parties an accessible legal remedy but concentrates dispute resolution in a single administrative forum.\n\n- Transitional complexity: the Act contains specific transitional rules for existing written and oral agreements (ss 14, 16, Schedule 3). Those provisions preserve continuity but require parties to check whether older agreements are converted to the statutory standard terms after specified timeframes.\n\nBottom-line mechanics in plain language\n\n- If you are a park owner dealing with a long-term casual occupant, you must give required pre-contract information and the park’s casual rules, include the statutory standard terms, limit advance fee demands to three months, issue receipts with set details (unless occupants pay into a nominated bank account), and follow notice rules when changing park rules or terminating agreements. The Tribunal is the primary dispute forum and investigators appointed under fair trading powers can inspect and require documents if there are reasonable grounds to suspect an offence. (See ss 3–12, 21–25, 26–39, 41–49, Schedule 1.)"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/holiday-parks-long-term-casual-occupation-act-2002","history":"/api/acts/holiday-parks-long-term-casual-occupation-act-2002/history","analysis":"/api/acts/holiday-parks-long-term-casual-occupation-act-2002/analysis","conflicts":"/api/acts/holiday-parks-long-term-casual-occupation-act-2002/conflicts","importantCases":"/api/acts/holiday-parks-long-term-casual-occupation-act-2002/important-cases","documents":"/api/acts/holiday-parks-long-term-casual-occupation-act-2002/documents"}}