Caravan Parks and Camping Grounds Act 1995 (Western Australia)

Mechanically, the Caravan Parks and Camping Grounds Act 1995 creates a licensing and regulatory regime for caravan parks and camping grounds in Western Australia. The Act requires a person to hold an appropriate licence to operate a facility, subject to an appointed day (s 6). It prescribes the application and renewal process (s 7-9), the local government powers to issue prohibition notices and cancel licences (s 10-12), duties imposed on licence holders such as maintaining a manager and an occupiers register and displaying licence documents (s 13), and a public register of licences kept by local government (s 14). The Act gives authorised officers entry and inspection powers (ss 17-21), establishes inspection cycles and a mechanism for works specification notices following inspection (s 21), provides enforcement tools including prosecutions, infringement notices and continuing offence provisions (ss 22-24), and enables subsidiary legislation and local laws to set technical standards and fees (s 28-29). It also sets up an advisory committee (s 25), states review rights to the State Administrative Tribunal (s 27), and contains transitional provisions about existing facilities (s 34).

The Act also contains explicit policy statements. Section 4 sets out the objects: to license and regulate caravan parks and camping grounds, to improve and promote caravanning and camping, to ensure design, layout, amenities and services meet “desirable standards”, and to ensure caravan and annexe standards protect occupiers’ health and safety. Those are legislative purposes, not procedural requirements. The Act gives local governments the primary role in licensing and inspection, while the Minister retains intervention powers such as directing local governments to operate or regulate specific facilities (s 16), and the Minister can grant exemptions, variations or modifications to subsidiary legislation for particular licensed facilities (s 31).

CrestWestern Australia

Caravan Parks and Camping Grounds Act 1995

Western Australia

Caravan Parks and Camping Grounds Act 1995

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Application 2
Objects 2
Terms used 3

Part 2 — Regulation of caravan parks and camping grounds

Division 1 — Licences

Caravan park or camping ground not to be operated without licence 5
Application for grant or renewal of licence 5
Duration of licence 6
Renewal after expiry 6
Prohibition notice 7
Effect of prohibition notice 8
Cancellation of licence 8

Division 2 — Duties of licence holders

Duties of licence holder 9

Division 3 — Register

Division 4 — Local government operated facilities

Local government may operate facility in its district without licence 11
Minister may give directions to local government 11

Part 3 — Powers of entry and inspection

Appointment of authorised person 13

17A. Assistance from member of Police Force 13

Powers of entry 13
Obstruction 14
Entry of occupied caravan or camp 15
Inspections and works specification notices 16

Part 4 — Enforcement

Legal proceedings to be taken by authorised person 18
Infringement notices 18
Continuing offences 20

Part 5 — Miscellaneous

Caravan Parks and Camping Grounds Advisory Committee 21
Protection from liability 22
Review by State Administrative Tribunal 22
Regulations 22
Local laws 24
Revocation of local laws 25
Minister may vary, modify or grant exemptions from subsidiary legislation 25
Review of Act 26

Part 6 — Transitional provisions

Transitional provision relating to existing caravan parks and camping grounds 28
Transitional provision for Local Government Legislation Amendment Act 2019 28

Schedule 1 — Provisions applicable to the Caravan Parks and Camping Grounds Advisory Committee

Terms used 30
Tenure of office 30
Deputy members 30
Removal from office 31
Chairperson 31
Meetings 31
Remuneration 32

Notes

Compilation table 33

Other notes 34

Defined terms

Western Australia

Caravan Parks and Camping Grounds Act 1995

An Act to provide for the regulation of caravanning and camping, to control and license caravan parks and camping grounds, to provide for standards in respect of caravans, to amend certain Acts 1 and for related purposes.

Part 1 — Preliminary

1. Short title

This Act may be cited as the Caravan Parks and Camping Grounds Act 1995.

2. Commencement

This Act comes into operation on such day as is, or days as are respectively, fixed by proclamation.

3. Application

(1) 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.

(2) 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 —

(a) the application of this Act, or any provisions of this Act; or

(b) any subsidiary legislation made under this Act, or any provisions of that subsidiary legislation,

specified in that order.

4. Objects

The objects of this Act are —

(a) to provide for the licensing of caravan parks and camping grounds; and

(b) to regulate caravanning and camping; and

(d) 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

(e) to ensure that the standards of caravans and annexes in caravan parks are adequate to protect the health and safety of the occupiers.

5. Terms used

(1) 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 —

(a) section 17(1)(a); or

(b) 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 —

(a) marked, or intended, for the use of one caravan or camp; or

(b) 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).

(2) 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.]

Part 2 — Regulation of caravan parks and camping grounds

Division 1 — Licences

6. Caravan park or camping ground not to be operated without licence

(1) 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.

(2) 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.

7. Application for grant or renewal of licence

(1) An application for the grant or renewal of a licence for a facility is to be —

(a) made to the local government in the appropriate prescribed form; and

(b) accompanied by the appropriate fee prescribed; and

(c) accompanied by any information that the local government reasonably requires for a proper consideration of the application.

(2) 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.

(3) 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.

(4) Subject to this section, a local government may grant or renew a licence and at any time may impose conditions on that licence.

(5) Before granting a licence a local government must ensure that —

(a) the applicant has complied with the requirements of this Act;

(b) 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.

(6) A local government may refuse to renew a licence if —

(a) 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

(b) a condition imposed on the licence has been contravened; or

(7) Where a local government refuses to grant or renew a licence it must give notice in writing of that decision to the applicant.

(8) 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.]

8. Duration of licence

A licence remains in force for the prescribed period unless —

(a) it is provided otherwise in the licence; or

(b) it is cancelled.

9. Renewal after expiry

(1) 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.

(2) If a licence is renewed as provided under subsection (1), the licence is to be taken —

(a) to have been renewed from the day on which the renewal was effected; and

(b) 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

(3) The regulations may prescribe an additional fee payable by way of penalty if a licence is renewed as provided under subsection (1).

10. Prohibition notice

(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 —

(a) this Act; or

(b) any conditions imposed on the licence; or

(2) A prohibition notice is to —

(a) specify the reason the notice is given; and

(b) state that the licence holder is entitled to apply to the State Administrative Tribunal for a review of the decision to give the notice.

(3) 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.

(4) A licence holder who is given a prohibition notice must ensure that the notice is clearly displayed in a conspicuous place —

(a) at the office of the caravan park; or

(b) 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.]

11. Effect of prohibition notice

(1) The licence holder of a facility in respect of which a prohibition notice under section 10 is in force must not —

(a) admit any new occupiers to the facility; or

(b) 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.

(2) 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.]

12. Cancellation of licence

(1) 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 —

(b) a condition imposed on the licence has been contravened; or

(2) 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.

(3) 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.

(4) 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.]

Division 2 — Duties of licence holders

13. Duties of licence holder

(1) A person licensed to operate a facility must ensure that —

(a) a manager or other responsible person —

(i) resides in or near the facility; and

(ii) is responsible for the supervision of the facility; and

(iii) is accessible at all times in case of an emergency; and

(iv) where the facility is a caravan park, is available at the office of the caravan park during normal office hours;

and

(b) a register of occupiers is maintained in the prescribed manner; and

(c) copies of this Act, any subsidiary legislation made under this Act, facility rules (if any) made by the licence holder and any special conditions imposed on the licence are readily available for inspection by the occupiers of the facility.

Penalty: $2 000.

(2) A person licensed to operate a facility must display the following at the facility in accordance with subsection (3) —

(a) the licence issued in respect of the facility; and

(b) any special conditions imposed on the licence; and

(d) a copy of the facility rules (if any) made by the licence holder; and

(e) the name, address and telephone number of a person to be contacted in an emergency.

Penalty: $1 000.

(3) The information referred to in subsection (2) must be displayed in a prominent position at a camping ground or in a prominent position at the office of a caravan park.

(4) In this section —

special conditions means conditions imposed on the relevant licence by the local government and specified on the licence as conditions to which this section applies.

Division 3 — Register

14. Register

(1) A local government is to keep a register of licences issued by it recording such details in respect of each licence as are prescribed.

(2) Any person may inspect the register during normal office hours and may request a copy of the details of any licence.

(3) A local government is to supply a copy of the details of any licence requested under subsection (2) and may charge a fee (other than to the Department) which does not exceed the cost of providing the copy.

(4) A local government must amend, add to and correct the register as is necessary to ensure that the register is an accurate record of the details it contains.

Division 4 — Local government operated facilities

15. Local government may operate facility in its district without licence

(1) Despite section 6, a local government is not required to hold a licence to operate a facility in its district but sections 13 and 31 and all subsidiary legislation made under this Act apply to a local government which operates a facility in its district as if it were the licence holder in respect of the facility.

(2) A local government must ensure that all facilities that it operates in its district are inspected in accordance with section 21 and that any works specification notice given under that section is complied with as soon as is practicable.

16. Minister may give directions to local government

(1) The Minister, in writing given to a local government, may direct the local government to —

(a) operate specified caravan parks and camping grounds to a standard specified by the Minister; and

(b) comply with a provision of this Act in respect of any specified land; and

(2) In subsection (1) —

specified means specified in the notice given under that subsection.

(3) A local government which contravenes a direction under subsection (1) commits an offence.

Penalty: $5 000.

Part 3 — Powers of entry and inspection

17. Appointment of authorised person

(1) The chief executive officer of the Department —

(a) may appoint such persons to be authorised persons for the purposes of this Act as the chief executive officer considers necessary; and

(b) must issue each person appointed under paragraph (a) with an identity card, in the prescribed form, certifying that the person is an authorised person under this Act.

(2) A person appointed under subsection (1)(a) must produce the identity card referred to in subsection (1)(b) whenever required to do so by any person in respect of whom the person has exercised, or is about to exercise, any of the powers of an authorised person under this Act.

(3) Production of an identity card referred to in subsection (1)(b) is prima facie evidence that the person to whom the identity card relates is an authorised person for the purposes of this Act.

[(4) deleted]

[Section 17 amended: No. 16 of 2019 s. 85.]

17A. Assistance from member of Police Force

A member of the Police Force must, at the request of an authorised person, assist the authorised person in enforcing compliance with this Act and has, while assisting the authorised person, all the powers of an authorised person.

[Section 17A inserted: No. 16 of 2019 s. 86.]

18. Powers of entry

(1) An authorised person may, at all reasonable times, for the purposes of this Act —

(a) enter and inspect a facility, other than a building in a facility that is used as a residence; and

(b) enter and inspect any caravan or camp which is not in a facility; and

(c) after serving reasonable notice or with the consent of the occupier, enter and inspect a building in a facility that is used as a residence; and

(d) stop, enter, inspect or detain any vehicle in a caravan park or camping ground; and

(e) conduct such examinations and inquiries as the authorised person considers necessary to ascertain whether there has been compliance with this Act or any condition imposed under this Act; and

(f) require any person to state his or her name and principal place of residence; and

(g) exercise such other powers as are prescribed for the purposes of this Act.

(2) For the purposes of subsection (1) —

reasonable notice means notice given at least 24 hours before the time at which entry is sought.

19. Obstruction

(1) A person must not —

(a) without reasonable excuse, obstruct, hinder, or interfere with an authorised person lawfully acting under this Act; or

(b) fail, without reasonable excuse, to answer any question put to that person for the purposes of this Act by an authorised person or give a false or misleading answer to any such question, or refuse to make a statutory declaration that the person is required under this Act to make; or

(d) fail, without reasonable excuse, to comply in any respect with a lawful request, requirement or direction given by an authorised person.

Penalty: $5 000.

(2) A statement made in response to a requirement made under this Act is not admissible in evidence in a prosecution against the person for an offence, other than an offence under this section, if the person making the statement objected to doing so at the time he or she made the statement on the ground that it might tend to incriminate that person.

20. Entry of occupied caravan or camp

(1) An authorised person, or a person licensed to operate a facility, or a person appointed in writing as his or her agent for the purpose of this section, may enter a caravan or camp in a facility in which an occupier is residing if —

(a) the occupier agrees at the time entry is sought; or

(b) there is an emergency and immediate entry is necessary to save life or property; or

(c) the entry is at a reasonable time, for a prescribed purpose and written notice has been served in accordance with subsections (4) and (5).

(2) The owner of a caravan or camp occupied by another person, or a person appointed in writing as the agent of the owner for the purpose of this section, may enter that caravan or camp if the occupier agrees at the time entry is sought.

(3) The owner of a caravan or camp occupied by another person, or a person appointed in writing as the agent of the owner for the purpose of this section, may enter the caravan or camp for a prescribed purpose if the person seeking entry has served written notice on the occupier, in accordance with subsections (4) and (5).

(4) A written notice must specify the date and a reasonable time at which entry of a caravan or camp is sought and in any event must be given at least 24 hours before the time at which entry is sought.

(5) Service of a written notice is effected if it is —

(a) given to the occupier; or

(b) left with a person who appears to be over 16 years of age and to reside at the caravan or camp; or

(6) A person authorised under subsection (1) to enter a caravan or camp may enter that caravan or camp whether or not the occupier is in occupation at the time.

21. Inspections and works specification notices

(1) Within one year after the commencement of this section and periodically after that time, so that a period of not more than 12 months elapses between inspections, a local government is to inspect each facility in its district.

(2) Notwithstanding subsection (1), a local government may inspect a facility in its district at any time.

(3) After inspecting a facility, a local government may give the person licensed to operate the facility a works specification notice specifying —

(a) work required to be carried out by the person on the facility so that this Act or a condition imposed on a licence is complied with; and

(b) the period within which that work is to be carried out.

(4) A licence holder may, within 14 days of receiving the notice referred to in subsection (3), lodge an objection to all or any of the works or to the time period specified in the notice, with the local government.

(5) After considering an objection lodged under subsection (4) the local government may —

(a) amend or cancel the works specification notice; or

(b) refuse to amend the works specification notice,

and must give notice in writing of that decision to the licence holder.

(6) A works specification notice and notice of a decision under subsection (5) is to state that the licence holder is entitled to apply to the State Administrative Tribunal for a review of the decision to give the works specification notice or the decision under subsection (5), as the case requires.

(7) Subject to this section, a person is to carry out the works specified in a notice given under subsection (3) as approved by the local government within the time specified in that notice.

Penalty: $5 000.

[Section 21 amended: No. 55 of 2004 s. 97.]

Part 4 — Enforcement

22. Legal proceedings to be taken by authorised person

(1) Every proceeding for an offence under this Act may be taken by an authorised person.

(2) An authorised person is not personally responsible for any costs incurred by or awarded against an authorised person in connection with any proceeding for an offence under this Act.

23. Infringement notices

(1) A reference in subsection (2), (3), (5) or (7) to an authorised person is a reference to a person appointed to be an authorised person under the Local Government Act 1995 section 9.10(2) for the purposes of the subsection in which the term is used.

(2) An authorised person who has reason to believe that a person has committed a prescribed offence against this Act may, within 21 days after the alleged offence is believed to have been committed, give an infringement notice to the alleged offender.

(3) An infringement notice is to be in the prescribed form and is in every case —

(a) to contain a description of the alleged offence; and

(b) to advise that if the alleged offender does not wish to be prosecuted for the alleged offence in a court, the amount of money as specified in the notice as being the modified penalty for the offence may be paid to an authorised person within a period of 28 days after the giving of the notice; and

(c) to inform the alleged offender as to who are authorised persons for the purpose of receiving payment of modified penalties.

(4) In an infringement notice the amount specified as being the modified penalty for the offence referred to in the notice is to be the amount that was the prescribed modified penalty at the time the alleged offence was believed to have been committed.

(5) An authorised person may, in a particular case, extend the period of 28 days within which the modified penalty may be paid and the extension may be allowed whether or not the period of 28 days has elapsed.

(6) If the modified penalty specified in an infringement notice has been paid within 28 days or such further time as is allowed and the notice has not been withdrawn, the bringing of proceedings and the imposition of penalties are prevented to the same extent as they would be if the alleged offender had been convicted by a court of, and punished for, the alleged offence.

(7) An authorised person may, whether or not the modified penalty has been paid, withdraw an infringement notice by sending to the alleged offender a notice in the prescribed form stating that the infringement notice has been withdrawn.

(8) If an infringement notice is withdrawn after the modified penalty has been paid, the amount is to be refunded.

(9) The amount of any modified penalty paid pursuant to an infringement notice must, subject to subsection (8), be dealt with as if it were a fine imposed by a court as a penalty for an offence.

(10) Payment of a modified penalty is not to be regarded as an admission for the purposes of any proceedings, whether civil or criminal.

(11) A person who is authorised to give infringement notices under subsection (2) cannot be an authorised person for the purposes of subsection (3), (5) or (7).

[(12) deleted]

[Section 23 amended: No. 84 of 2004 s. 80; No. 16 of 2019 s. 87.]

24. Continuing offences

(1) Where an offence is committed by a person by reason of the contravention of a provision of this Act under which the person is required or directed to do any act or thing, or to refrain from doing any act or thing, that offence is taken to continue so long as the act or thing so required or directed remains undone, or continues to be done, as the case may be.

(2) Where an offence is taken to continue, the person who committed the offence, whether by act or omission, commits an additional offence on each day during which the offence is taken to continue after notice of the offence has been given by or on behalf of an authorised person to the offender, and is liable to a fine not exceeding $500 for every day on which the offence is so continued.

Part 5 — Miscellaneous

25. Caravan Parks and Camping Grounds Advisory Committee

(1) A body by the name of the Caravan Parks and Camping Grounds Advisory Committee is established.

(2) The Committee is to comprise —

(a) such number of persons as the Minister determines, appointed by the Minister to represent —

(i) the Western Australian Local Government Association, constituted under section 9.58 of the Local Government Act 1995; and

(ii) the caravan industry; and

(iii) consumers; and

(iv) that part of the Public Sector, as defined in the Public Sector Management Act 1994, with an interest in caravanning and camping; and

(v) such other interests as the Minister considers appropriate;

and

(b) an employee of the Department nominated by the chief executive officer.

(3) The person appointed under subsection (2)(b) is to be the executive officer of the Committee.

(4) The functions of the Committee are —

(a) to provide advice to —

(i) the Minister; and

(ii) the Department; and

(iii) public sector bodies, as defined in the Public Sector Management Act 1994; and

(iv) local governments; and

(v) members of the public; and

(vi) such other persons as the Minister directs,

with respect to caravanning or camping; and

(b) to recommend to the Minister, or such other persons as the Minister directs, ways to improve, promote and regulate caravanning and camping throughout the State.

(5) The Committee may do all things that are necessary or convenient to be done for or in connection with the performance of its functions.

(6) Schedule 1 has effect with respect to the Committee.

[Section 25 amended: No. 14 of 1996 s. 4; No. 49 of 2004 s. 13.]

26. Protection from liability

A person is not liable in civil proceedings on account of any thing done, or omitted to be done, or purported to be so done or omitted, in good faith in the course of carrying out any provision of this Act.

27. Review by State Administrative Tribunal

A person who is aggrieved by a decision of a local government under section 7, 10, 12, or 21 may apply to the State Administrative Tribunal for a review of that decision.

[Section 27 inserted: No. 55 of 2004 s. 98.]

28. Regulations

(1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.

(2) Without limiting subsection (1), regulations may —

(a) regulate caravan parks and camping grounds and caravanning and camping generally throughout the State; and

(b) provide for standards of design, construction, installation and maintenance of caravans and annexes; and

(d) regulate pedestrian and vehicular traffic; and

(e) provide that signs may be displayed, erected or marked for the purpose of any regulation; and

(f) provide that the licence holder of a facility may give reasonable directions to any person in the facility regarding any motor vehicle or animal that the person has apparent control over and require that person to obey such directions; and

(g) provide for different types of caravan parks and camping grounds; and

[(h) deleted]

(i) provide for procedures to be followed by a local government relating to prohibition notices under section 10; and

(j) prescribe forms and fees and for information to be provided in respect of licences and applications for licences (including differential or periodic fees or that a fee is to be calculated in a particular manner); and

(k) provide for different types of licences in relation to different types of caravan parks and camping grounds; and

(l) prescribe the conditions under which a particular type of licence may be granted, renewed or transferred and the obligations and rights of licence holders; and

(m) prescribe offences and a modified penalty (or different modified penalties according to the circumstances of the offence) in respect of each offence for the purposes of section 23, but so that no modified penalty exceeds $500.

(3) The regulations may adopt, either wholly or in part and either specifically or by reference, any standard, rule, code or specification —

(a) as at the time the regulations are made, or at any time before then; or

(b) as amended from time to time.

(4) Regulations made under this Act may provide that contravention of a regulation constitutes an offence and provide for penalties not exceeding $5 000 and if the offence is a continuing one a further penalty not exceeding $500 for each day or part of a day during which the offence continues after notice of the offence has been given by or on behalf of an authorised person to the offender.

[Section 28 amended: No. 55 of 2004 s. 99.]

29. Local laws

(1) Subject to this section, a local government may make local laws for its district under the Local Government Act 1995 for any purpose set out in section 28(2)(a), (b), (c), (d), (e) and (f) as if that purpose were a purpose for which local laws could be made under that Act.

(2) Where there is conflict or inconsistency between a regulation made under this Act and a local law referred to in subsection (1), the regulation, to the extent of the conflict or inconsistency, prevails.

(3) Local laws referred to in subsection (1) may provide that contravention of a local law constitutes an offence and provide for penalties not exceeding $5 000 and if the offence is a continuing one a further penalty not exceeding $500 for each day or part of a day during which the offence continues after notice of the offence has been given by or on behalf of an authorised person to the offender.

[Section 29 amended: No. 14 of 1996 s. 4.]

30. Revocation of local laws

(1) Where subsidiary legislation has been —

(a) made by a local government under any written law; or

(b) prepared or adopted by a local government under the Planning and Development Act 2005,

and that subsidiary legislation, or the manner in which it is administered, is in the opinion of the Governor unduly oppressive, repugnant to or inconsistent with this Act the Governor may by notice published in the Gazette revoke that part of the subsidiary legislation that in the opinion of the Governor is unduly oppressive, repugnant to or inconsistent with this Act.

(2) Effect is to be given to the revocation under subsection (1) but without affecting the validity, or curing the invalidity of any thing done, or of the omission of any thing, before the revocation.

(3) The Minister is to cause a copy of any notice published under subsection (1) to be laid before each House of Parliament within 6 sitting days of that House next following the publication.

(4) If either House of Parliament passes a resolution of which notice has been given within the first 14 sitting days of that House after the copy of a notice under subsection (1) has been laid before that House that the notice be disallowed, the notice ceases to have effect, but the disallowance of the notice does not affect or invalidate any thing done in good faith before the passing of the resolution.

[Section 30 amended: No. 38 of 2005 s. 15.]

31. Minister may vary, modify or grant exemptions from subsidiary legislation

(1) The holder of a licence to operate a facility may apply to the Minister in the prescribed manner for an exemption from, or a modification or variation of, any regulation or local law made under this Act as it applies to that facility.

(2) If the Minister is satisfied that in the particular circumstances the regulation or local law is inappropriate or might reasonably be modified or varied without detriment to the public interest, the Minister may grant the exemption or determine that the regulation or local law is to apply with such modifications or variations as the Minister thinks fit.

(3) Subject to subsections (4) and (5), an exemption, modification or variation remains in force for the period specified in the notice granting the exemption, modification or variation.

(4) On application from the licence holder in the prescribed manner the Minister may extend the period referred to in subsection (3).

(5) If the Minister is notified by the local government that, in the opinion of the local government, an exemption, modification or variation which is granted with respect to a facility should no longer apply to the facility because the facility has been substantially extended or redeveloped, and the Minister agrees, the Minister must notify the licence holder and the local government in writing that the exemption, modification or variation ceases to apply.

[Section 31 amended: No. 14 of 1996 s. 4.]

32. Review of Act

(1) The Minister is to carry out a review of the operation and effectiveness of this Act as soon as is practicable after the expiration of 5 years from the commencement of section 6, and in the course of that review the Minister is to consider and have regard to —

(a) such matters as appear to be relevant to the operation of this Act; and

(b) the effectiveness of the Committee.

(2) The Minister is to prepare a report based on the review made under subsection (1) and, as soon as is practicable after the report is prepared, cause it to be laid before each House of Parliament.

[33. Omitted under the Reprints Act 1984 s. 7(4)(e).]

Part 6 — Transitional provisions

[Heading inserted: No. 16 of 2019 s. 88.]

34. Transitional provision relating to existing caravan parks and camping grounds

[(1), (2) deleted]

(3) An existing facility ceases to be an existing facility if, in the opinion of the local government, it has been substantially extended or redeveloped and the local government has given notice to that effect to the licence holder.

(4) A person who is aggrieved by a decision of a local government under subsection (3) may apply to the State Administrative Tribunal for a review of the decision.

(5) In this section —

existing facility means a facility that is in operation at the commencement of this section and in respect of which notice has not been given by the local government under subsection (3).

(6) Regulations may be made providing for any matter if —

(a) this section does not make provision or sufficient provision in respect of the matter; and

(b) it is necessary or convenient to do so to facilitate the transition to the provisions of this Act.

[Section 34 amended: No. 55 of 2004 s. 100; No. 8 of 2009 s. 26(2).]

35. Transitional provision for Local Government Legislation Amendment Act 2019

(1) This section applies to a person who, immediately before the day on which the Local Government Legislation Amendment Act 2019 section 85 comes into operation, was a person appointed by a local government under section 17(1).

(2) The person is taken to be an authorised person appointed under the Local Government Act 1995 section 9.10(2) for the purposes of this Act on the terms and conditions that were applicable to the person’s appointment under section 17(1) immediately before the day referred to in subsection (1).

[Section 35 inserted: No. 16 of 2019 s. 89.]

Schedule 1 — Provisions applicable to the Caravan Parks and Camping Grounds Advisory Committee

[s. 25(6)]

[Heading amended: No. 19 of 2010 s. 4.]

Terms used

In this Schedule —

executive officer means the person appointed under section 25(2)(b);

member means a member of the Committee.

Tenure of office

(1) Subject to clause 4, a member, other than the executive officer —

(a) holds office for such term not exceeding 3 years as is specified in the member’s instrument of appointment; and

(b) may be reappointed for a further term but is not to hold office for more than 2 consecutive terms; and

(2) The executive officer holds office until —

(a) his or her appointment is cancelled by the chief executive officer; or

(b) he or she ceases to be employed in the Department.

(3) A member whose term of office expires due to the effluxion of time continues in office until he or she is reappointed or a successor comes into office, as the case may be.

Deputy members

(1) The Minister may appoint a person to be the deputy of a member and may revoke the appointment of a person as a deputy.

(2) A person who is the deputy of a member has, at any meeting of the Committee at which the member is not present, all the powers and duties of the member.

Removal from office

(1) A member may be removed from office by the Minister —

(a) for mental or physical disability, incompetence, neglect of duty or misconduct that impairs the performance of the member’s duties;

(b) if the member is an insolvent under administration, as that expression is defined in the Corporations Act 2001 of the Commonwealth;

(c) if the member is absent without leave from 2 consecutive meetings of the Committee of which the member has had notice;

(d) for any other act or omission that in the Minister’s opinion may adversely affect the functioning of the Committee.

(2) A member must be removed from office by the Minister if the member ceases to hold any position or qualification by virtue of which he or she was appointed.

[Clause 4 amended: No. 10 of 2001 s. 220.]

Chairperson

(1) The Minister is to appoint one of the members to be the chairperson.

(2) The Committee is to choose one of the members to be the deputy chairperson.

(3) The deputy chairperson is to perform the functions of the chairperson when the chairperson is unable to do so by reason of illness, absence or other cause, or when the office of chairperson is vacant.

Meetings

(1) The Committee is to determine the procedure for convening and conducting its meetings.

(2) At a meeting of the Committee —

(a) the chairperson, or in his or her absence the deputy chairperson, is to preside; or

(b) in the absence of both those members, a member chosen by the members present is to preside.

(3) The Committee is to record and maintain minutes of its meetings.

Remuneration

(1) Subject to subclause (2), a member (or his or her deputy when so acting) is entitled to such remuneration and allowances in respect of the performance of his or her functions under this Act as the Minister from time to time determines on the recommendation of the Public Sector Commissioner.

(2) Subclause (1) does not apply to a person employed in the Public Service of the State.

[Clause 7 amended: No. 39 of 2010 s. 89.]

[Schedule 2 omitted under the Reprints Act 1984 s. 7(4)(e).]

dline

Notes

This is a compilation of the Caravan Parks and Camping Grounds Act 1995 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Short title	Number and year	Assent	Commencement
Caravan Parks and Camping Grounds Act 1995	34 of 1995	29 Sep 1995	s. 1 and 2: 29 Sep 1995; Act other than s. 1, 2, 34(1) and (2) and Sch. 2 it. 3: 1 Jul 1997 (see s. 2 and Gazette 20 Jun 1997 p. 2805); s. 34(1) and (2) and Sch. 2 it. 3 deleted by No. 8 of 2009 s. 26
Local Government (Consequential Amendments) Act 1996 s. 4	14 of 1996	28 Jun 1996	1 Jul 1996 (see s. 2)
Corporations (Consequential Amendments) Act 2001 s. 220	10 of 2001	28 Jun 2001	15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13 Jul 2001 No. S285)
Reprint 1: The Caravan Parks and Camping Grounds Act 1995 as at 18 Jul 2003 (includes amendments listed above)
Local Government Amendment Act 2004 s. 13	49 of 2004	12 Nov 2004	1 Apr 2005 (see s. 2 and Gazette 31 Mar 2005 p. 1029)
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 16 3	55 of 2004	24 Nov 2004	1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80	84 of 2004	16 Dec 2004	2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))
Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 15	38 of 2005	12 Dec 2005	9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078)
Reprint 2: The Caravan Parks and Camping Grounds Act 1995 as at 7 Jul 2006 (includes amendments listed above)
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 26	8 of 2009	21 May 2009	22 May 2009 (see s. 2(b))
Standardisation of Formatting Act 2010 s. 4	19 of 2010	28 Jun 2010	11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Public Sector Reform Act 2010 s. 89	39 of 2010	1 Oct 2010	1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
*Reprint 3: The Caravan Parks and Camping Grounds Act 1995* as at 15 Apr 2016** (includes amendments listed above)
Strata Titles Amendment Act 2018 Pt. 3 Div. 2	30 of 2018	19 Nov 2018	1 May 2020 (see s. 2(b) and SL 2020/39 cl. 2)
Local Government Legislation Amendment Act 2019 Pt. 4 Div. 1	16 of 2019	5 Jul 2019	7 Nov 2020 (see s. 2(b) and SL 2020/212 cl. 2)

Other notes

1 The provisions in this Act amending these Acts have been omitted under the Reprints Act 1985 s. 7(4)(e).

2 Appointed day for the purpose of section 6(1): 1 October 1997, see Gazette 20 Jun 1997 p. 2853.

3 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

annexe 5(1)

appointed day 6(2)

authorised person 5(1), 23(1)

camp 5(1)

camping ground 5(1)

caravan 5(1)

caravan park 5(1)

Committee 5(1)

Department 5(1)

district 5(1)

executive officer Sch. 1 cl. 1

existing facility 34(5)

facility 5(1)

licence 5(1)

local government 5(2)

member Sch. 1 cl. 1

occupier 5(1)

operate 5(1)

park home 5(1)

prescribed 5(1)

reasonable notice 18(2)

site 5(1)

special conditions 13(4)

specified 16(2)

vehicle 5(1)

works specification notice 5(1)

Western Australia

Caravan Parks and Camping Grounds Act 1995

Western Australia

Caravan Parks and Camping Grounds Act 1995

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Application 2
Objects 2
Terms used 3

Part 2 — Regulation of caravan parks and camping grounds

Division 1 — Licences

Caravan park or camping ground not to be operated without licence 5
Application for grant or renewal of licence 5
Duration of licence 6
Renewal after expiry 6
Prohibition notice 7
Effect of prohibition notice 8
Cancellation of licence 8

Division 2 — Duties of licence holders

Duties of licence holder 9

Division 3 — Register

Division 4 — Local government operated facilities

Local government may operate facility in its district without licence 11
Minister may give directions to local government 11

Part 3 — Powers of entry and inspection

Appointment of authorised person 13

17A. Assistance from member of Police Force 13

Powers of entry 13
Obstruction 14
Entry of occupied caravan or camp 15
Inspections and works specification notices 16

Part 4 — Enforcement

Legal proceedings to be taken by authorised person 18
Infringement notices 18
Continuing offences 20

Part 5 — Miscellaneous

Caravan Parks and Camping Grounds Advisory Committee 21

Licensing and facility definitions. The Act defines key property and activity concepts: caravan, annexe, camp, caravan park, camping ground, site, and park home (s 5(1)). “Caravan” is a vehicle fitted or designed for habitation and includes an annexe, unless the contrary intention appears (s 5(1)). “Site” covers marked sites and lots in freehold strata schemes (s 5(1)), reflecting an interface with strata title arrangements after later amendments (compilation table entries; s 5 amendments noted in the text). The requirement to hold a licence to operate a facility is central, with the criminal penalty for operating without a licence set at $5 000 after the appointed day (s 6(1), penalty note).

Local government as regulator. Local governments are the primary decision makers for licences, responsible for grant, renewal, imposing conditions, refusal and cancellation (s 7, s 12). They must keep a register of licences and make particulars inspectable (s 14). Local governments may operate facilities in their district without holding a licence, but when they do the duties and subsidiary legislation still apply to them as if they were licence holders (s 15(1)). The Minister can give written directions to local governments to operate particular parks to specified standards or to comply with provisions of the Act on specified land, and non‑compliance with those directions is an offence with a $5 000 penalty (s 16).

Inspection and works notices. The Act requires periodic inspection by local government so that no more than 12 months elapse between inspections (s 21(1)). After inspection a local government may issue a works specification notice setting out required works and time frames (s 21(3)). A licence holder has 14 days to object to the works or the time specified (s 21(4)), and decisions on works notices can be the subject of review by the State Administrative Tribunal (s 21(6) and s 27). Failure to carry out works as approved is an offence with a $5 000 penalty (s 21(7)).

Entry, powers and authorised persons. The chief executive officer of the relevant Department appoints authorised persons and issues identity cards (s 17). Authorised persons may enter and inspect facilities, non‑residential buildings in facilities at reasonable times without notice, and may with consent or after notice enter residential buildings (s 18). They can stop, enter, inspect or detain vehicles in caravan parks or camping grounds (s 18(1)(d)), require name and principal residence (s 18(1)(f)), and take other prescribed powers (s 18(1)(g)). Interference with authorised persons, giving false answers or threats, or failing to comply with lawful directions is an offence attracting a $5 000 penalty (s 19).

Enforcement tools. The Act allows authorised persons to take prosecutions (s 22), issue infringement notices within 21 days of an alleged offence (s 23(2)), and to withdraw or extend the time for payment of modified penalties (s 23(5), (7)). Continuing offences attract daily penalties under s 24, with a separate fine provision of up to $500 for each day the offence continues after notice. Regulations and local laws may create offences with maximum penalties not exceeding $5 000 and continuing offence penalties up to $500 per day (s 28(4); s 29(3)).

Regulations, local laws and ministerial discretion. The Act delegates detail to regulations, including technical standards, fees, registration particulars, different types of licences, and the ability to adopt external standards (s 28(1)-(4)). Local governments may make local laws for purposes set out in s 28(2), and local laws are subject to inconsistency where regulations prevail (s 29). The Minister may grant exemptions or modifications to subsidiary legislation for particular licence holders where appropriate (s 31), and may cancel those variations if the facility is substantially extended or redeveloped and the local government so notifies (s 31(5)).

Administrative review and advisory input. Decisions to refuse or cancel licences, to issue prohibition notices, and to issue works specification notices carry a statutory right of review to the State Administrative Tribunal (s 27, and s 7(8), s 10(2), s 12(4), s 21(6) require notices to inform licence holders of SAT review rights). The Caravan Parks and Camping Grounds Advisory Committee is established to advise the Minister, Department, local governments and the public, and to recommend ways to improve, promote and regulate caravanning and camping (s 25).

Transitional and exclusionary provisions. The Act excludes public sector bodies from its application (s 3(1)). The Governor may exempt areas or provisions on the Minister’s recommendation (s 3(2)). Transitional provisions govern existing facilities and the effect of substantial extension or redevelopment, and allow regulations to make further transitional arrangements (s 34).

Licence applicants and licence holders. The primary group affected are natural persons or entities operating caravan parks or camping grounds who must hold an appropriate licence to lawfully operate a facility after the appointed day (s 6). A licence applicant must apply to the local government in the prescribed form, pay prescribed fees and provide required information, including verification by statutory declaration if required (s 7(1)-(3)). Before granting a licence the local government must ensure the applicant owns the land or has the owner’s written approval to apply (s 7(5)). Licence holders are subject to duties such as appointing a manager or responsible person who resides in or near the facility and is accessible at all times in case of emergency, maintaining an occupiers register, and making the Act, subsidiary legislation, facility rules and special licence conditions available for inspection (s 13(1)-(3)).

Occupiers and visitors. Persons who occupy caravan park or camping ground sites are affected by the register, the display requirements, and by works specification notices or prohibition notices that can limit admissions and rent collection (s 11, s 13, s 14, s 21). Occupiers are also subject to lawful directions by licence holders consistent with regulations under s 28(2)(f). Entry powers over occupied caravans or camps are regulated so that occupiers’ consent, emergency circumstances or written notice procedures are required for entry (s 20). The Act also criminalises obstruction and false answers when dealing with authorised persons (s 19).

Local governments. Local governments are the licensing authority and the inspectorate charged with annual inspections of facilities in their district (s 7, s 21(1)). They must maintain a public register of licences (s 14) and may operate facilities without holding a licence, although they must comply with duties and subsidiary legislation as if they were licence holders (s 15(1)). Local governments have the power to refuse, impose conditions on, issue prohibition notices, and cancel licences (s 7, s 10, s 12). They also can make local laws under s 29, subject to the primacy of regulations where inconsistency arises (s 29(2)).

Department and authorised persons. The Department’s chief executive appoints authorised persons (s 17), who conduct inspections, serve notices, issue infringement notices subject to the constraints in s 23, and may initiate prosecutions (s 22). The Department receives copies of prohibition notices (s 10(3)). Members of the Police Force must assist authorised persons when requested and exercise the powers of an authorised person while assisting (s 17A).

Minister and Governor. The Minister has targeted intervention powers: the Minister can direct local governments to operate specified facilities to defined standards (s 16), may grant exemptions or modifications to subsidiary legislation for particular licensed facilities (s 31), and can recommend to the Governor that entire areas be exempted from the Act or specified provisions of it (s 3(2)). The Governor may revoke subsidiary legislation made by local governments in limited circumstances where the legislation is, in the Governor’s opinion, unduly oppressive, repugnant to or inconsistent with the Act (s 30).

Industry stakeholders and advisory committee members. The Caravan Parks and Camping Grounds Advisory Committee contains representatives of the WA Local Government Association, the caravan industry, consumers, relevant public sector interests and other interests the Minister considers appropriate, and has functions to advise government and recommend improvements to the regulatory framework (s 25). Industry associations and consumer groups are therefore formal participants in advice and review.

Regulators of related laws and sectors. The Act interacts with the Local Government Act 1995 (for authorised person appointments and local government functions), the Public Sector Management Act 1994 (for the definition of public sector bodies whose facilities are excluded, s 3(1)), the Strata Titles Act 1985 as it relates to “site” definitions and freehold schemes (s 5(1) definition of site), and planning and development instruments referenced in the compilation notes. The compilation table and amendment notes indicate later legislative changes that affect interaction with these regimes.

Licence application and conditions. Applicants must apply to local government in the prescribed form, pay prescribed fees and supply requested information; local government may require statutory declaration verification (s 7(1)-(3)). Local governments can impose conditions when granting licences and must ensure the applicant owns the land or has owner approval (s 7(4)-(5)). Local government may refuse renewal if the licence holder has committed relevant offences, contravened licence conditions, or obtained the licence by fraud (s 7(6)). Notice of refusal, cancellation or prohibition must advise of the right to apply to the State Administrative Tribunal for review (s 7(8), s 10(2)(b), s 12(4), s 21(6)).

Duties on licence holders. Licence holders must ensure a manager or responsible person resides in or near the facility, is responsible for supervision, accessible at all times for emergencies, and for caravan parks is available at the office during normal hours (s 13(1)(a)). Licence holders must maintain an occupiers register in the prescribed manner, make statutory documents and rules available for occupier inspection, and display the licence, special conditions, plan, facility rules and an emergency contact at the office or a prominent place (s 13(1)-(3)). Failure to meet these duties attracts specified penalties (s 13).

Inspections, works specification notices and objections. Local government must inspect each facility at least annually so that no more than 12 months elapse between inspections (s 21(1)). After inspection a local government may issue a works specification notice that sets out required works and the period within which they must be done (s 21(3)). A licence holder has 14 days to lodge objections to the works or time frame (s 21(4)). After considering objections the local government may amend, cancel or refuse to amend the works specification notice and must provide written notice of its decision (s 21(5)). Both the works specification notice and the decision must advise of SAT review rights (s 21(6)). Failure to carry out approved works within the time specified is an offence punishable by $5 000 (s 21(7)).

Prohibition notices. A local government may give a prohibition notice to a licence holder if the local government considers the licence holder is contravening the Act, licence conditions or prescribed matters (s 10(1)). The notice must specify reasons and advise of SAT review rights; the local government must forward a copy to the Department’s CEO (s 10(2)-(3)). A licence holder given a prohibition notice must display it conspicuously at the caravan park office or at the camping ground while it is in force, under penalty (s 10(4)). While a prohibition notice is in force the licence holder must not admit new occupiers or collect rents, hirings or similar charges from existing occupiers that fall due during the period the notice is in force, under penalty $5 000 (s 11).

Entry, consent and residency protections. Authorised persons can enter and inspect facilities and non‑residential buildings within facilities at reasonable times without notice, but entry to a building used as a residence requires either consent or reasonable notice of at least 24 hours, except in emergencies (s 18(1)(c), s 18(2), s 20(1)). The Act provides specific modes of service for notices seeking entry to an occupied caravan or camp: delivery to the occupier, leaving with someone over 16 who appears to reside there, or affixing to a conspicuous part of the caravan or camp (s 20(4)-(5)). These provisions balance inspection powers with occupier privacy and notice rights.

Enforcement rights and mechanisms. Authorised persons may commence legal proceedings for offences under the Act (s 22(1)), and are not personally liable for costs incurred or awarded against them in connection with proceedings (s 22(2)). An authorised person may issue infringement notices within 21 days of believing an offence has been committed (s 23(2)). Infringement notices must describe the alleged offence, explain the modified penalty, and identify authorised persons who may receive payment (s 23(3)). The payment of a modified penalty prevents further proceedings to the same extent as a court conviction, and may be withdrawn with refund if already paid (s 23(6)-(8)). The Act protects compelled statements from being used against the declarant in prosecutions other than for obstruction offences (s 19(2)).

Rights of review. Persons aggrieved by local government decisions under ss 7, 10, 12 or 21 may apply to the State Administrative Tribunal for review (s 27). Notices of those decisions must state the right to apply to the Tribunal (s 7(8), s 10(2)(b), s 12(4), s 21(6)). Transitional provisions also allow review of a local government decision that an existing facility has been substantially extended or redeveloped (s 34(3)-(4)).

Regulatory discretions. The Governor may exempt areas or provisions on the Minister’s recommendation (s 3(2)). Regulations may adopt external standards by reference or in part (s 28(3)), prescribe different licence types, conditions and fees including periodic or differential fees (s 28(2)(j)-(l)), and set maximum modified penalties for infringement notices not exceeding $500 (s 28(2)(m)). Local laws may be made for similar regulatory purposes but are subordinate to regulations where inconsistent (s 29).

Monetary penalties and continuing offence structure. The Act specifies several maximum penalties for named offences and enables regulations and local laws to create offences and set penalties up to $5 000, and continuing offence penalties up to $500 per day (s 28(4); s 29(3)). The statute itself prescribes penalties for specific contraventions: operating a facility without a licence, $5 000 (s 6(1)); failure to display a prohibition notice as required under s 10(4), $2 000 (s 10(4)); contravention of a prohibition notice (admitting new occupiers or collecting rents during its operation), $5 000 (s 11(1)); failure to comply with duties in s 13 attracts penalties of $2 000 for subsection (1) breaches and $1 000 for subsection (2) display breaches (s 13); obstructing authorised persons is $5 000 (s 19(1)); failing to carry out works specified in a works specification notice is $5 000 (s 21(7)). Continuing offences under s 24 carry daily penalties up to $500 after notice is given, in addition to the initial offence.

Enforcement actors and powers. Authorised persons, appointed by the Department’s chief executive, may take all proceedings for offences under the Act (s 17, s 22). They are issued identity cards that are prima facie evidence of authorisation (s 17(1)-(3)). Local governments conduct inspections (s 21), issue prohibition notices and works specification notices (ss 10, 21), and may initiate prosecution or issue infringement notices subject to the authorisation conditions in s 23. Members of the Police Force must assist authorised persons when requested and then exercise the powers of an authorised person during that assistance (s 17A).

Infringement notice regime. An authorised person who believes a prescribed offence has been committed may, within 21 days of the belief, issue an infringement notice in the prescribed form (s 23(2)). The notice must describe the alleged offence, set out the modified penalty, and advise who may receive the money (s 23(3)). The modified penalty must be the amount prescribed at the time the offence was believed to have been committed (s 23(4)). Payment of the modified penalty within the time allowed (28 days or any extension) prevents prosecution to the same extent as conviction (s 23(3)(b), s 23(6)). The authorised person may withdraw an infringement notice and refund the amount paid if withdrawal occurs after payment (s 23(7)-(8)). The statutory cap for modified penalties created by regulation is not to exceed $500 (s 28(2)(m)).

Procedural safeguards and review. Notices that remove rights or require works must state an entitlement to apply to the State Administrative Tribunal for review (s 7(8), s 10(2)(b), s 12(4), s 21(6)). Local governments must give licence holders the opportunity to make written representations before cancelling a licence, with at least 14 days to respond (s 12(2)-(3)). Works specification notices give 14 days to object (s 21(4)) and the local government must consider objections before finalising the notice (s 21(5)). These provisions create administrative pathways that can be invoked prior to, or in parallel with, enforcement action.

Liability shield for officials. The Act provides that a person is not civilly liable for anything done, omitted or purported to be done or omitted in good faith in carrying out any provision of the Act (s 26). At the same time, authorised persons are insulated from personal responsibility for costs incurred by or awarded against them in proceedings for offences under the Act (s 22(2)), which affects the risk calculus for enforcement decisions.

Scope, timing and limits. The offence of operating without a licence only applies on and after the appointed day, which the Minister fixed by Gazette as 1 October 1997 for s 6(1) (compilation notes). The Act also qualifies certain entry powers to buildings used as residences by requiring 24 hours’ reasonable notice or consent, except in emergencies (s 18(1)(c), s 18(2), s 20). Local laws may replicate offences and penalties within the limits set by the Act, but regulations prevail over local laws where inconsistent (s 29(2)). The Minister may grant exemptions or modifications to subsidiary legislation for particular licence holders (s 31), which creates a formal channel to reduce compliance exposure in specific instances.

Local Government Act 1995. The Act repeatedly delegates key roles to local government bodies created under the Local Government Act 1995. Authorised persons may include persons appointed under the Local Government Act s 9.10(2) for the purposes of this Act (s 5(1) definition of authorised person; s 23(1) clarification). Local governments are licence authorities and inspectors, empowered to make local laws under s 29 of this Act subject to the Local Government Act framework. The compilation table and amendment notes indicate consequential changes made by Local Government Amendment Acts to align functions and appointment powers.

State Administrative Tribunal. The State Administrative Tribunal is the statutory review body for decisions under ss 7, 10, 12 and 21 (s 27). The Act was amended to reflect the conferral of jurisdiction to the SAT; s 27 was inserted by No. 55 of 2004 s 98. Notices associated with refusal, prohibition, cancellation and works specification must inform licence holders of the right to SAT review (s 7(8), s 10(2)(b), s 12(4), s 21(6)).

Public Sector Management Act 1994. The Act excludes caravan parks and camping grounds operated by public sector bodies as defined in the Public Sector Management Act 1994 from application (s 3(1)). The Advisory Committee composition references the public sector as defined by that Act (s 25(2)(a)(iv)).

Strata Titles Act 1985 and planning laws. The Act’s definition of “site” includes lots in a freehold scheme under the Strata Titles Act 1985 (s 5(1)), which intersects with strata schemes where caravan park sites are strata lots. The compilation table records amendments to reflect the Strata Titles Amendment Act 2018 which came into operation in 2020, and the Planning and Development (Consequential and Transitional Provisions) Act 2005 is noted as relevant to subsidiary legislation prepared or adopted by local governments (s 30 and compilation notes). The Governor’s power to revoke subsidiary legislation may apply to local planning-related instruments (s 30).

Regulations and external standards. The Act empowers regulations to set technical standards, fees, conditions and offences (s 28). Regulations may adopt external standards, rules, codes or specifications either wholly, in part, specifically or by reference, and as at the time the regulations are made or as amended (s 28(3)). This permits alignment with national or industry technical standards but also offloads detailed normative content to delegated instruments.

Criminal procedure and enforcement framework. Changes to enforcement and infringement procedure reflect amendments made by the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 and related Acts in the compilation table. Infringement notice procedures and authorised person definitions were updated in later legislative amendments to reference appointment pathways under the Local Government Act (s 23(1) and related notes).

Ministerial and Governor intervention. The Minister can direct local governments to operate specified parks to standards set by the Minister (s 16), and can grant exemptions or modifications to subsidiary legislation in particular circumstances (s 31). The Governor may, on the Minister’s recommendation, exempt areas or provisions from the Act or from subsidiary legislation (s 3(2)). The Governor also has power to revoke local subsidiary legislation that the Governor considers unduly oppressive, repugnant or inconsistent with the Act, with parliamentary disallowance mechanisms (s 30).

Transitional and consequential amendments. The compilation table and notes track multiple consequential amendments that change definitions, appointment mechanisms and transitional arrangements, including those arising from Local Government Amendment Acts, the State Administrative Tribunal conferral of jurisdiction, the Public Sector Reform Act and the Strata Titles Amendment Act 2018. Practitioners should consult the reprint and the most recent regulations and local laws to capture these interactions.

The statutory compilation included in the Act records a sequence of amendments and related Acts that altered content, structure and administrative interlocks. Key entries in the compilation table and in‑text amendment notes are:

Local Government (Consequential Amendments) Act 1996 No. 14 of 1996, amendments effective 1 July 1996; s 5 was amended (see in‑text note).
Corporations (Consequential Amendments) Act 2001 No. 10 of 2001, amendments effective 15 July 2001 as noted in the compilation table.
Local Government Amendment Act 2004 No. 49 of 2004, ss including s 13 amendment, effective 1 April 2005 (compilation table).
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 No. 55 of 2004, which inserted s 27 conferring review rights to the SAT, effective 1 January 2005 (s 27 inserted: No. 55 of 2004 s 98).
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 No. 84 of 2004, with consequential amendments to infringement procedures and related matters, effective 2 May 2005 (compilation table).
Planning and Development (Consequential and Transitional Provisions) Act 2005 No. 38 of 2005, with amendment noted 9 April 2006.
Statutes (Repeals and Miscellaneous Amendments) Act 2009 No. 8 of 2009, which deleted certain transitional subsections in s 34, effective 22 May 2009.
Standardisation of Formatting Act 2010 No. 19 of 2010 and Public Sector Reform Act 2010 No. 39 of 2010 made structural and definitional updates, effective 2010 dates in the compilation table.
Strata Titles Amendment Act 2018 No. 30 of 2018 amended definitions relating to sites and freehold schemes and took effect 1 May 2020.
Local Government Legislation Amendment Act 2019 No. 16 of 2019 made amendments to appointment and authorised person provisions, and inserted s 17A requiring Police assistance when requested, with operation commencing 7 November 2020 (compilation table; s 17A inserted: No. 16 of 2019 s 86; s 35 transitional inserted No. 16 of 2019 s 89).

The in‑text amendment marginalia records other specific amendments, for example s 17 had a subsection deleted by No. 16 of 2019 s 85, s 23 modified by No. 84 of 2004 s 80 and No. 16 of 2019 s 87, and s 27 inserted by No. 55 of 2004 s 98. The compilation table shows reprints at various dates, including reprints as at 18 July 2003, 7 July 2006 and 15 April 2016, which practitioners should consult.

Practitioners should use the compilation table and reprint notes to trace when specific substantive changes took effect, for instance the appointed day for the licensing requirement (s 6) was set by Gazette to 1 October 1997 (compilation notes). The Act’s structure and delegated powers have been adjusted across multiple local government and administrative reform instruments, and appointment mechanisms for authorised persons now interface with the Local Government Act appointment route per the 2019 amendments.

The Act text and accompanying compilation material provided do not record any cases or litigation decisions. The statute expressly creates administrative review rights to the State Administrative Tribunal for certain local government decisions (s 27), and records the insertion of that review channel by amendment in 2004 (No. 55 of 2004 s 98). The absence of reported cases within the text does not mean there has been no litigation; it only means the source document does not include any case law citations or summaries.

For practitioners seeking litigation history, the Act indicates likely avenues for disputes: refusals or cancellations of licences (s 7 and s 12), prohibition notices (s 10), works specification notices (s 21), and local government determinations that an existing facility has been substantially extended or redeveloped (s 34(3)-(4)). These are explicitly reviewable by the SAT (s 27), so SAT decisions and any appeals to the courts from SAT (subject to the SAT Act and judicial review pathways) would be the obvious sources of litigation history. To locate precedents and administrative law decisions interpreting this Act, consult the SAT’s published decisions, the WA Courts’ databases, and practitioner services. The Act itself does not name any cases.

Timing traps and the appointed day. The offence of operating without a licence under s 6 applies only on and after the appointed day fixed by the Minister by Gazette. The compilation notes record the appointed day as 1 October 1997. Practitioners should confirm the appointed day for any subsequent regulatory changes, because operating without a licence before the appointed day was not criminalised, but after that date there is a $5 000 maximum penalty.

Prohibition notices and cash flow impact. A prohibition notice not only signals regulatory non‑compliance, it legally prevents a licence holder from admitting new occupiers or collecting rents or similar charges that fall due during the notice period (s 11(1)). That is an immediate commercial effect on revenue streams. The prohibition notice must be displayed conspicuously at the office or the camping ground while in force (s 10(4), penalty $2 000). Because a prohibition notice can cut off revenue streams, the short 14‑day representation window prior to cancellation (s 12(2)-(3)) and the SAT review right (s 27) are critical procedural steps for licence holders to act quickly.

Works specification notices with limited objection period. After inspection, local government issues a works specification notice and a licence holder has only 14 days to lodge an objection to works or the time period specified (s 21(4)). The local government’s decision after considering objections may be to amend, cancel or refuse to amend the notice (s 21(5)), and the licence holder must carry out the works as approved within the time specified or face a $5 000 penalty (s 21(7)). Treat the 14‑day window as a hard deadline for technical, cost and legal submissions.

Continuing offences escalate daily. Where an offence involves failure to perform or to refrain from an act, it is a continuing offence and the licence holder can be penalised up to $500 for each day the offence continues after notice by an authorised person (s 24). This creates an accelerating financial exposure if works, prohibition compliance or other rectifications are not promptly completed.

Interaction with owner rights and strata lots. The definition of “site” includes lots in a freehold scheme under the Strata Titles Act 1985 (s 5). Owners and strata managers need to reconcile their strata managerial obligations and by‑laws with the licensing and inspection regime. Local government may treat a redeveloped or substantially extended facility as ceasing to be an “existing facility” and require compliance or new conditions; licence holders can seek SAT review of that decision (s 34(3)-(4)).

Authorised person appointment route changes. The Act’s authorised person references are complex because persons may be appointed under s 17(1)(a) or under the Local Government Act s 9.10(2) for the purposes of this Act (s 5(1) definition and s 23(1) framing). The 2019 amendments changed appointment and transitional arrangements, including taking previously appointed persons under s 17(1) and treating them as authorised persons appointed under the Local Government Act s 9.10(2) for the purposes of this Act (s 35). Practitioners should check current appointment pathways and identity card evidence requirements (s 17(1)-(3)).

Regulations and local laws variability. The Act delegates extensive detail to regulations and local laws, including the capacity to adopt external standards and prescribe modified penalties (s 28(2)(b)-(m), s 28(3)). Local laws may vary between districts but are subordinate to regulations where inconsistent (s 29(2)). Operators with facilities spanning multiple local government areas face potential regulatory heterogeneity.

Exemption and modification by the Minister. Licence holders may apply for ministerial exemptions or modifications from subsidiary legislation under s 31, but the Minister can revoke or cease those modifications if the local government notifies that the facility has been substantially extended or redeveloped and the Minister agrees it should no longer apply (s 31(5)). Securing an exemption may therefore be contingent on future development decisions.

Protections for authorised persons and liability. The Act protects persons acting in good faith from civil liability (s 26) and relieves authorised persons from personal responsibility for costs in prosecution (s 22(2)). This alters the risk calculation for enforcement bodies and may reduce recourse for aggrieved licence holders in some civil contexts; it does not remove administrative review to SAT.

Modified penalty timing and prescription. Infringement notices must be given within 21 days after the alleged offence is believed to have been committed (s 23(2)), and the modified penalty is the amount prescribed at the time the alleged offence was believed to have been committed (s 23(4)). Timing and the prescribed fee schedule therefore affect the exposure and enforcement outcome; check the applicable regulations and prescribed fees at the relevant time.

Pre‑application and ownership verification. Before applying for or renewing a licence, ensure the applicant is the owner of the land or has owner’s written approval, and compile all required information to complete the local government’s prescribed application form (s 7(1), s 7(5)). Include the prescribed fee and be prepared to verify statements by statutory declaration if requested by the local government (s 7(1)(b), s 7(3)). Maintain a file of owner approval documents and statutory declarations to produce on demand.

Manage the manager requirement and emergency contact. Appoint and maintain a manager or responsible person who resides in or near the facility, is responsible for supervision, is accessible at all times for emergency response, and for caravan parks is available at the office during normal hours (s 13(1)(a)). Publicly display the name, address and telephone number of the emergency contact in a prominent position at the caravan park office or camping ground (s 13(2)(e)). Document rosters and contact procedures and ensure continuity arrangements are in place.

Maintain the occupiers register and display statutory documents. Keep the occupiers register in the prescribed manner and make it available for inspection (s 13(1)(b), s 14(2)). Display the licence, any special licence conditions, a plan of the facility, a copy of facility rules and contact information for emergencies at the office or in a prominent place per s 13(2)-(3). Ensure staff are trained to produce these documents when inspectors or authorised persons request them.

Prepare for inspections and works notices. Expect a local government inspection at least annually and no more than 12 months apart (s 21(1)). Immediately on receipt of a works specification notice, determine whether to lodge an objection within 14 days (s 21(4)), and prepare technical, compliance and cost information to support the objection. If works are approved, schedule and document completion within the specified period. Keep records of inspection reports, correspondence, invoices and contractor certificates to demonstrate compliance in the event of enforcement or SAT review.

Respond promptly to prohibition notices and SAT procedural timelines. If a prohibition notice is issued, display it conspicuously as required (s 10(4)) and note that admitting new occupiers or collecting rents that fall due while the notice is in force is prohibited (s 11(1)). Consider immediate legal and operational steps to rectify the contravention and, if appropriate, apply to the State Administrative Tribunal promptly since notices must advise of SAT rights and administrative remedies are time-limited (s 10(2), s 11(2), s 27).

Prepare for entry procedures and occupier consent. Understand and comply with the entry rules in s 18 and s 20. For entry to caravans or camps occupied by another, obtain occupier consent at the time of entry, use the prescribed written notice processes with at least 24 hours’ notice for non‑emergency entries, and preserve proof of service by delivery, leaving with a person over 16 who appears to reside there, or affixing to a conspicuous part of the caravan or camp (s 20(1)-(5)). Train staff to respond to authorised persons in compliance with s 19 to avoid obstruction offences or false answer liabilities.

Monitor regulatory instruments and local laws. Regularly check the regulations made under the Act and local laws for your district because the Act places many technical requirements and fee schedules in subsidiary instruments (s 28(1)-(4); s 29). Regulations may adopt external standards by reference (s 28(3)). If operating across multiple local government areas, map differences in local laws and regulatory requirements, noting that regulations prevail where inconsistent (s 29(2)).

Consider ministerial exemptions where appropriate. If a regulation or local law is manifestly inappropriate for particular facility circumstances, consider applying to the Minister for an exemption, modification or variation in the prescribed manner (s 31(1)-(2)). Keep in mind that exemptions can be time limited, extendable on application (s 31(3)-(4)), and subject to cessation if a local government reports substantial redevelopment (s 31(5)).

Use administrative review rights and document procedural steps. In cases of licence refusal, prohibition notices, cancellation proposals, works specification decisions or a local government determination that an existing facility has ceased to be one, use the right to apply to the State Administrative Tribunal under s 27 and s 34(4) as appropriate. Prepare contemporaneous records, objections within the stipulated time frames (usually 14 days), and submissions referencing the statutory grounds and factual compliance. Ensure notices from the local government state SAT review rights as required; if they do not, this may affect procedural rights (s 7(8), s 10(2), s 12(4), s 21(6)).

Manage financial exposure to continuing offences and infringement regimes. Act quickly on notices requiring works or compliance to avoid daily continuing offence penalties under s 24. Where an infringement notice is issued, check the prescribed modified penalty applicable at the time the alleged offence was believed to have been committed (s 23(4)), consider whether to pay the modified penalty to avoid prosecution or contest the notice through the available administrative or legal routes. Keep evidence and entries of payments, withdrawals and refunds if an infringement notice is withdrawn (s 23(7)-(9)).

Engage with advisory and industry bodies. Use the Caravan Parks and Camping Grounds Advisory Committee and industry associations to stay informed about proposed regulatory changes, standard adoptions and best practice recommendations (s 25). The Committee is empowered to advise the Minister, Department and local governments, and to recommend ways to improve regulation and promotion of caravanning and camping (s 25(4)). Regular engagement can identify areas where ministerial exemptions or policy changes may be sought.

Record keeping, contracts and consumer communication. Maintain tenancy or site licence agreements consistent with the Act and any facility rules, ensure consumer information and the Act’s required documents are readily inspectable by occupiers (s 13(1)(c)), and keep clear contractual terms addressing entry, works, emergency procedures and dispute resolution that align with statutory rights and SAT review pathways. This lowers the risk of disputes and supports defensible compliance positions.

Deep Dive

What it does

Current sections