Division 1 — Transitional provisions for Caravan Parks and Camping Grounds Regulations 1997
Terms used 89
References to provisions of former legislation 89
One year to comply with new provisions 90
Extension of time within which to comply 90
New provisions do not apply where equivalent provision of former legislation is complied with 91
Where compliance at commencement, provision continues to apply 91
Registration or licence under local law 91
Transitional provisions relating to Part 4 92
Division 2 — Transitional provisions for Caravan Parks and Camping Grounds Amendment Regulations 2024
Definitions 92
Camping on private land: existing applications and approvals 93
Compilation table 94
Other notes 95
Defined terms
Caravan Parks and Camping Grounds Act 1995
Part 1 — Preliminary
1. Citation
These regulations may be cited as the Caravan Parks and Camping Grounds Regulations 1997.
2. Commencement
These regulations come into operation on 1 July 1997.
3. Terms used
In these regulations, unless the contrary intention appears —
ablution block means a communal building which contains ablution facilities;
approved, in relation to a facility, means approved in writing by the local government;
AS followed by a designation refers to the Australian Standard having that designation that is published by Standards Australia, as amended from time to time;
AS/NZS followed by a designation refers to the Australian/New Zealand Standard having that designation that is published jointly by Standards Australia and Standards New Zealand, as amended from time to time;
assemble, in relation to a park home or annexe, means the work required —
(a) where a park home or annexe arrives at a site in more than one piece, to assemble, position and stabilise the park home or annexe; or
(b) to position and stabilise the park home or annexe on a site;
assistance dog has the meaning given in the Dog Act 1976 section 8(1);
builder means a building service practitioner registered under the section 17 in the class of building practitioner;
Building Services (Registration) Act 2011
Building Code means the Building Code of Australia which is volumes 1 and 2, as amended from time to time, of the National Construction Code series published by, or on behalf of, the Australian Building Codes Board;
caravan site means a site which is marked or intended for the use of a caravan;
components, in relation to a park home which is to be, or has been, assembled from parts, means the 2 or more main parts of the park home;
construct, in relation to a park home or annexe, includes all work necessary to manufacture or construct the park home or annexe other than such work as is necessary to assemble the park home or annexe at a site;
cyclonic region means a cyclonic region within the meaning of AS 4055—1992 “Wind loads for housing”;
design wind speed means the maximum design gust wind speed for the area calculated in accordance with AS 4055—1992 “Wind loads for housing”;
en suite means a building on a site which contains ablution, toilet and laundry facilities, or some of these facilities, for the use of the occupiers of that site;
facility road means a road or path inside a facility for the use of vehicles;
flexible annexe means an annexe made entirely of flexible material except for —
(a) the supporting frame; and
(b) any windows or doors, which may be made of flexible or rigid material;
form means a form in Schedule 1;
laundry facility means facilities for laundering clothes;
long stay site means a site at a caravan park which is to be occupied consecutively by the one person or group of persons for any period of time;
nature based park means a facility in an area that —
(a) is not in close proximity to an area that is built up with structures used for business, industry or dwelling‑houses at intervals of less than 100 m for a distance of 500 m or more; and
(b) has been predominantly formed by nature; and
(c) has limited or controlled artificial light and noise intrusion;
number plate means a number plate within the meaning of the Road Traffic (Vehicles) Act 2012 section 3(1);
on‑site caravan means a caravan owned by, or under the control of, the licence holder of the caravan park and available for hire at a site on the caravan park;
open sided building means a building that —
(a) is classified as a Class 10a building under the Building Code; and
(b) has at least one-third of the area of its perimeter open; and
(c) has 2 or more sides that would be considered open sides in accordance with the Building Code if the building was a carport;
overflow area means an area of a facility specified as an overflow area in the licence for the facility;
park home park means a caravan park at which park homes, but not any other caravans or camps, are situated for habitation;
professional engineer means a corporate member of the Institution of Engineers Australia, or a person who is eligible to become such a member, who has appropriate experience and competence to construct, or supervise the construction of, park homes;
service means a supply of gas, water or electricity;
short stay site means a site at a caravan park which is to be occupied consecutively by the one person or one group of persons, for no longer than 3 consecutive months;
shower means a shower or a bath;
rigid annexe means an annexe which is not a flexible annexe;
temporary licence means a licence referred to in regulation 54;
transit park means a facility where an occupier may stay no longer than 3 consecutive nights.
[Regulation 3 inserted: Gazette 12 Dec 2014 p. 4721-3; amended: Gazette 10 Apr 2015 p. 1256; SL 2020/12 r. 4.]
4. Meaning of park home
(1) A caravan in respect of which a vehicle licence is not required under the Road Traffic (Vehicles) Act 2012 section 4, because it could not be drawn by another vehicle on a road due to its size, is a vehicle of a prescribed class or description for the purposes of the definition of “park home” in section 5(1) of the Act.
(2) In subregulation (1) —
road has the meaning given in the Road Traffic (Administration) Act 2008 section 4.
[Regulation 4 amended: Gazette 8 Jan 2015 p. 121.]
5. Meaning of annexe
An attachment to a caravan which has walls and a roof and can be assembled or dismantled within 24 hours by no more than 2 people is an attachment of a prescribed type or description for the purposes of the definition of “annexe” in section 5(1) of the Act.
6A. Assistance animals
These regulations are subject to any written law and any law of the Commonwealth about assistance animals as defined in the Disability Discrimination Act 1992 (Commonwealth) section 9(2).
[Regulation 6A inserted: Gazette 8 Jan 2015 p. 122.]
6. Performance of local government functions by authorised persons
A function conferred on a local government by these regulations may be performed by an authorised person appointed under the Local Government Act 1995 section 9.10(2) for the purposes of the Act or these regulations.
[Regulation 6 inserted: SL 2020/213 r. 4.]
7. Imposition of conditions on licence
A condition is imposed on a licence under the Act —
(a) when it is specified in writing on the licence by the local government; or
(b) if it is impracticable to comply with paragraph (a), when it is specified in writing given to the licence holder.
Part 2 — Caravanning and camping generally
8. This Part subject to other written law
If there is a conflict or inconsistency between this Part and any other written law other than a local law, the other written law prevails to the extent of the conflict or inconsistency.
8A. Term used: camp
In this Part —
camp when used as a verb, includes to camp in a vehicle.
[Regulation 8A inserted: Gazette 16 Jul 1999 p. 3202.]
9. Park homes may only be occupied in caravan parks
Despite anything else in this Part, a person may occupy a park home only in a caravan park licensed under the Act.
Penalty: a fine of $5 000.
[Regulation 9 amended: Gazette 12 Dec 2014 p. 4733; SL 2024/162 r. 4.]
10. Where person may camp
A person may camp only —
(a) at a site in a caravan park or camping ground, as appropriate, licensed under the Act; or
(b) in accordance with regulation 11.
[Regulation 10 amended: Gazette 12 Dec 2014 p. 4733; SL 2024/162 r. 5.]
11. Camping other than at caravan park or camping ground
(1) A person may camp —
(a) for up to 5 nights in any period of 28 consecutive days on land the person owns or has a legal right to occupy; or
(aa) for more than 5 nights in any period of 28 consecutive days on land the person owns or has a legal right to occupy, with the written approval of —
(i) a local government under regulation 11A; or
(ii) the Minister under regulation 11B;
or
(b) for up to 24 consecutive hours in a caravan or other vehicle on a road side rest area; or
(c) for up to 24 consecutive hours in a caravan or other vehicle on a road reserve in an emergency, unless to do so would cause a hazard to other road users or contravene any other written law with respect to the use of the road reserve; or
(d) on any land which is —
(i) held by a State instrumentality in freehold or leasehold; or
(ii) dedicated, reserved, or set apart under the Land Administration Act 1997 or any other written law, and placed under the care, control or management of a State instrumentality,
in accordance with the permission of that instrumentality; or
(e) on any unallocated Crown land or unmanaged reserve, in accordance with the permission of the Minister within the meaning of the Land Administration Act 1997, or a person authorised by the Minister to give permission under this paragraph.
[(2) deleted]
(3) In this regulation —
emergency means a situation where to move the caravan or other vehicle to a more suitable area would constitute an immediate and serious hazard due to the condition of the caravan or other vehicle, or a vehicle towing the caravan, or of the driver, or passengers, of any such vehicle;
road side rest area means an area designated by a traffic sign erected in accordance with a written law, as an area which may be used for 24 hours for —
(a) resting; or
(b) stopping; or
(c) camping,
in a vehicle;
State instrumentality has the same meaning as it has for the purposes of the Land Administration Act 1997;
unallocated Crown land has the same meaning as it has for the purposes of the Land Administration Act 1997;
unmanaged reserve has the same meaning as it has for the purposes of the Land Administration Act 1997.
[Regulation 11 amended: Gazette 16 Jul 1999 p. 3202‑4; 25 Aug 2000 p. 4911; 13 Apr 2012 p. 1660; SL 2024/162 r. 6.]
11A. Camping on private land with local government approval
(1) A person may apply in writing to a local government for approval to camp on land the person owns or has a legal right to occupy if the land is in the local government’s district.
(2) The local government may approve the person camping on the land for a period specified in the approval not exceeding 24 consecutive months.
(3) The approval is subject to the following conditions —
(a) that any caravan or camp in which the person is camping on the land is maintained in such a condition that it is not a hazard to safety or health;
(b) that the land is maintained in such a condition that it is suitable for camping, particularly in relation to —
(i) safety and health; and
(ii) access to services;
(c) any other conditions specified by the local government in the approval.
(4) The local government is taken to have refused the application if the local government does not give the approval within 63 days of the application.
(5) The local government may revoke an approval given by the local government, by written notice to the holder of the approval, if the local government is satisfied that a condition of the approval has been breached.
(6) Before revoking the approval, the local government must —
(a) give written notice to the holder of the local government’s intention to revoke the approval unless, within 35 days after the notice is given, the holder shows cause why the approval should not be revoked; and
(b) consider any written response to the notice received from the holder during that period.
[Regulation 11A inserted: SL 2024/162 r. 7.]
11B. Camping on private land with Ministerial approval
(1) This regulation applies if a local government does any of the following under regulation 11A (each a relevant decision) —
(a) refuses to give an approval a person has applied for;
(b) gives a person an approval for a period or subject to conditions specified by the local government in the approval;
(c) revokes an approval given to a person by the local government.
(2) The person may, within 35 days of the relevant decision, apply in writing to the Minister for approval to camp on the land the subject of the application or approval (as the case may be).
(3) The Minister may approve the person camping on the land for a period specified in the approval not exceeding 24 consecutive months.
(4) The approval is subject to the following conditions —
(a) that any caravan or camp in which the person is camping on the land is maintained in such a condition that it is not a hazard to safety or health;
(b) that the land is maintained in such a condition that it is suitable for camping, particularly in relation to —
(i) safety and health; and
(ii) access to services;
(c) any other conditions specified by the Minister in the approval.
(5) If a person makes an application in relation to a relevant decision referred to in subregulation (1)(b), the relevant decision continues in force until the sooner of —
(a) the day on which the Minister gives an approval on the application; or
(b) the day on which the relevant decision would otherwise cease to have effect.
(6) The Minister may revoke an approval given by the Minister, by written notice to the holder of the approval, if the Minister is satisfied that a condition of the approval has been breached.
(7) Before revoking the approval, the Minister must —
(a) give written notice to the holder of the Minister’s intention to revoke the approval unless, within 35 days after the notice is given, the holder shows cause why the approval should not be revoked; and
(b) consider any written response to the notice received from the holder during that period.
[Regulation 11B inserted: SL 2024/162 r. 7.]
12. Number of caravans on lot
(1) A person who owns or has a legal right to occupy a lot, as defined in the Planning and Development Act 2005 section 4(1), is to ensure that —
(a) not more than one caravan is being used to camp on the lot at any one time; or
(b) where more than one caravan is being used to camp on the lot at any one time, he or she has written approval under subregulation (2) and is complying with that approval.
Penalty for this subregulation: a fine of $2 000.
(2) Written approval may be given to a person for more than one caravan, as specified in the approval, to be used to camp on a lot for a period of time specified in the approval —
(a) by the local government of the district where the lot is situated, if the period of time does not exceed 3 months; or
(b) by the Minister, if the period of time exceeds 3 months.
[Regulation 12 amended: Gazette 12 Dec 2014 p. 4723 and 4733; SL 2024/162 r. 8.]
13. Suitability of land for camping to be considered before approval under r. 11A, 11B or 12(2) given
Before giving approval under regulation 11A, 11B or 12(2), the local government or the Minister is to be satisfied that the land is a suitable place for camping especially with respect to —
(a) safety and health; and
(b) access to services.
[Regulation 13 amended: SL 2024/162 r. 9.]
14. Caravan or camp to be maintained
A person camping in a caravan or camp is to maintain it in such a condition that it is not a hazard to safety or health.
Penalty: a fine of $5 000.
[Regulation 14 amended: Gazette 12 Dec 2014 p. 4733; SL 2024/162 r. 10.]
15. Mobility of caravans
(1) The owner of a caravan is to ensure that the caravan has wheels attached to it, or in the case of a park home assembled from components, each component of the park home has wheels attached to it, and is maintained in such a condition that it is able to be moved under its own power or by being towed, within 24 hours of —
(a) any services attached to it being disconnected; and
(b) in the case of a park home assembled from components, it being split into components.
Penalty for this subregulation: a fine of $5 000.
(2) A person is not to interfere with a caravan so as to render it unable to be moved, under its own power or by being towed.
Penalty for this subregulation: a fine of $5 000.
[Regulation 15 amended: Gazette 12 Dec 2014 p. 4723; SL 2024/162 r. 11.]
Part 3 — Caravan parks and camping grounds
Division 1 — Duties of licence holders
16. Schedules 5 and 6 — licence holder’s duty
The licence holder of a facility is to ensure that —
(a) Schedule 5 is complied with in respect of all caravans on the facility; and
(b) subject to regulation 27A, Schedule 6 is complied with in respect of all annexes on the facility.
[Regulation 16 amended: Gazette 25 Aug 2000 p. 4911; 12 Dec 2014 p. 4733.]
17. Schedule 7 — licence holder’s duty
Subject to regulation 27B, the licence holder of a caravan park or camping ground is to ensure that Schedule 7 is complied with in respect of the facility.
[Regulation 17 amended: Gazette 25 Aug 2000 p. 4911; 12 Dec 2014 p. 4733.]
18. Compliance with licence conditions
A licence holder is to comply with each condition imposed on the licence.
[Regulation 18 amended: Gazette 12 Dec 2014 p. 4733.]
19. Other duties of licence holders
(1) The licence holder of a facility is to ensure that —
(a) there is clearly displayed at the office of the facility a notice stating the hours during which the office will be open, or if the facility has no office, there is displayed in a conspicuous place at the facility a notice stating when and where the licence holder or manager is available; and
(b) all occupiers have access into the facility at all times; and
(c) an occupier has pedestrian access to his or her site at all times; and
(d) an occupier has vehicular access to the parking area for his or her site at all times; and
(e) an on‑site caravan, and all bed linen and eating and cooking utensils provided by the licence holder in that caravan, are thoroughly cleaned before allowing any person or group of people to stay in the caravan; and
(f) there are no animals in any on‑site caravan at the facility, other than an assistance dog accompanying its owner; and
(g) an occupier has access to any ablution and toilet facilities of the facility at all times and to recreational and any laundry facilities of the facility at all reasonable times; and
(h) all areas of the facility are at all times in a clean, hygienic and safe condition and are not a hazard to safety or health; and
(i) an occupier’s access to communal facilities is disrupted as little as possible in the course of cleaning, repairing and renovating those facilities, and where necessary, that substitute facilities are provided; and
(j) an occupier’s use and enjoyment of the facility is not unreasonably restricted or interfered with; and
(k) each caravan on the facility has wheels attached to it, or in the case of a park home assembled from components, each component of the park home has wheels attached to it, and is maintained in such a condition that it is able to be moved under its own power or by being towed, within 24 hours of —
(i) any services attached to it being disconnected; and
(ii) in the case of a park home assembled from components, it being split into components;
and
(l) in so far as it is under the licence holder’s control, occupiers at the facility comply with these regulations; and
(m) for a nature based park, all advertising material and other information sources about the facility, the content of which is controlled by the licence holder, specify each of the following amenities that is not provided for occupiers at the facility —
(i) toilets;
(ii) showers;
(iii) hand basins;
(iv) washing‑up facilities;
(v) laundry facilities;
(vi) hot water for showering or for washing‑up or laundry facilities;
(vii) power points;
(viii) lighting.
(2) The licence holder of a facility is to comply with any direction given by an authorised person as to the cleaning of any on‑site caravan at that facility, or any bed linen or eating or cooking utensils provided by the licence holder in that caravan.
Penalty for an offence under subregulation (1) or (2): a fine of $2 000.
[Regulation 19 amended: Gazette 12 Dec 2014 p. 4723-4.]
20. Use of overflow area
The licence holder of a facility is to ensure that an overflow area of the facility is used only —
(a) with the approval of the local government; and
(b) for the period of time specified in that approval; and
(c) in accordance with any conditions specified in that approval.
[Regulation 20 amended: Gazette 12 Dec 2014 p. 4733.]
21. Licence holder to ensure sites allocated and used in accordance with licence
The licence holder of a facility is to ensure that —
(a) sites are not allocated, or used, in contravention of the licence to operate the facility; and
(b) more sites are not allocated or used at the facility than the maximum number of sites endorsed on the licence for use at the facility; and
(c) more sites of a particular type, or in a particular area, are not allocated or used at the facility than the maximum number of such sites endorsed on the licence for use at the facility.
[Regulation 21 amended: Gazette 12 Dec 2014 p. 4733.]
Division 2 — Duties of other persons
22. Schedules 5 and 6 — caravan owner’s duty
The owner of a caravan which is in a caravan park is to ensure that —
(a) Schedule 5 is complied with in respect of that caravan; and
(b) subject to regulation 27A, Schedule 6 is complied with in respect of any annexe attached to that caravan.
[Regulation 22 amended: Gazette 25 Aug 2000 p. 4912; 12 Dec 2014 p. 4733.]
23. Schedule 7 — occupier’s duty
Subject to regulation 27B, an occupier of a site is to ensure that, so far as it is under his or her control, Schedule 7 is complied with in respect of the site.
[Regulation 23 amended: Gazette 25 Aug 2000 p. 4912; 12 Dec 2014 p. 4733.]
24. Occupier to maintain site
An occupier is to maintain his or her site at a facility, so far as it is under his or her control, in such a condition that it is not a hazard to safety or health.
[Regulation 24 amended: Gazette 12 Dec 2014 p. 4733.]
25. Control of animals
(1) A person is not to bring an animal into a facility, or allow an animal under his or her control to stay there, except with the approval of the licence holder of the facility.
(2) A person who owns, or has the care or control of, a dog is to ensure that while in the facility the dog is either —
(a) on a leash under the control of a person; or
(b) enclosed in a caravan, or a fenced or enclosed area of a site sufficient to contain the dog.
(3) A person is not to allow an animal under his or her control to become or cause a nuisance to any other person at a facility.
(4) A person is not to bring any animal into an on‑site caravan or allow any animal under his or her control to remain in an on‑site caravan.
(5) This regulation, other than subregulation (3), does not apply in respect of an assistance dog accompanying its owner.
Penalty for an offence under subregulation (1), (2), (3) or (4): a fine of $1 000.
[Regulation 25 amended: Gazette 12 Dec 2014 p. 4724.]
26. Speed limit
A person is not to drive a vehicle in a facility at a speed exceeding 8 km/h.
Penalty: a fine of $300.
[Regulation 26 amended: Gazette 12 Dec 2014 p. 4733.]
27. Washing machines
A person is to use a washing machine at a facility only —
(a) at a laundry facility; or
(b) in a caravan which has appropriate facilities and is connected to a waste water connection point.
Penalty: a fine of $300.
[Regulation 27 amended: Gazette 12 Dec 2014 p. 4733.]
Division 3 — Exemptions from some provisions of Schedules 6 and 7
[Heading inserted: Gazette 25 Aug 2000 p. 4912.]
27A. Exemptions from Schedule 6
To the extent to which, and in the manner in which, a provision of Schedule 6 specified in the Table to this regulation was not complied with in respect of a caravan —
(b) immediately after the commencement of the Caravan Parks and Camping Grounds Amendment Regulations 2000,
regulations 16(b) and 22(b) do not apply in respect of that caravan for as long as the caravan remains at the facility it was located at on 1 July 1997.
[Regulation 27A inserted: Gazette 25 Aug 2000 p. 4912.]
27B. Exemptions from Schedule 7
To the extent to which, and the manner in which, a provision of Schedule 7 specified in the Table to this regulation was not complied with in respect of a facility or a site —
(b) immediately after the commencement of the Caravan Parks and Camping Grounds Amendment Regulations 2000,
regulations 17 and 23 do not apply in respect of that facility or site.
[Regulation 27B inserted: Gazette 25 Aug 2000 p. 4912‑13.]
Part 4 — Park homes, annexes, carports, pergolas and storage sheds
Division 1 — Certain construction prohibited at facility
28. Park home not to be constructed in caravan park or camping ground
A person is not to construct, or cause any other person to construct, a park home at a caravan park or camping ground.
[Regulation 28 amended: Gazette 12 Dec 2014 p. 4733.]
29. Annexe, carport, pergola or storage shed may be constructed on site
An occupier is not to construct, or cause any other person to construct, any structure or building, other than an annexe, or a building that may be located on a site under clause 11 of Schedule 7 on the site he or she occupies.
[Regulation 29 amended: Gazette 25 Aug 2000 p. 4913; 12 Dec 2014 p. 4733.]
Division 2 — Park homes and annexes
30. Park homes
(1) A person may bring a park home on to a facility only with the prior written approval of —
(a) the owner or owners of the park home, unless he or she is the sole owner; and
(b) the licence holder of the facility; and
(c) the local government, in accordance with regulation 31.
(2) Before giving approval under subregulation (1)(b) for a park home to be brought on to a facility, or allowing a park home to be brought on to a facility, the licence holder of the facility is to sight —
(a) the approval of the local government for the park home to be brought on to the facility; and
(b) the certificates referred to in —
(i) regulation 32(1) or (1a), and (2); or
(ii) regulation 32(4)(a) and (b).
(3) A licence holder of a facility who owns, or part owns, a park home on the facility is to ensure that a copy of the certificates sighted under subregulation (2)(b) are kept at the facility with the register of occupiers maintained under section 13 of the Act.
Penalty for an offence under subregulation (2) or (3): a fine of $3 000.
[Regulation 30 amended: Gazette 25 Aug 2000 p. 4913; 12 Dec 2014 p. 4724.]
31. Approval of local government for park home
(1) A local government which approves a park home under regulation 30(1)(c) is to classify the park home under Part 1.3 of Volume 2 of the Building Code and the classification is to be specified in that approval.
(2) Before giving approval under regulation 30(1)(c) for a park home to be brought on to a facility, a local government is to sight and copy the certificates referred to in —
(a) regulation 32(1) or (1a), and (2); or
(b) regulation 32(4)(a) and (b).
[Regulation 31 amended: Gazette 25 Aug 2000 p. 4913.]
32. Park home certificates
(1) A person who constructs a park home is to provide to the purchaser of the park home a certificate signed and dated by a builder stating —
(a) that the builder has built, or supervised the building of, the park home; and
(b) that the park home has been constructed in accordance with the requirements of the Building Code applicable with respect to a particular class or classes, specified in the certificate; and
(c) the year in which the park home was constructed and the name of the person who constructed the park home.
(1a) A builder who has agreed to construct a park home is to provide to the purchaser of the park home a certificate signed and dated by the builder —
(a) stating —
(i) that the builder has agreed to build, or supervise the building of, the park home; and
(ii) that the park home will be constructed in accordance with the requirements of the Building Code applicable with respect to a particular class or classes, specified in the certificate; and
(iii) the year in which the park home will be constructed and the name of the person who constructed the park home;
and
(b) with the plans for the park home attached.
(2) A person who constructs a park home is to provide to the purchaser of the park home a certificate signed and dated by a professional engineer stating —
(a) that, in the opinion of the engineer, the park home will be structurally sound if assembled in accordance with the instructions provided with the park home referred to in subregulation (3) and identified by reference in the certificate; and
(b) the wind velocity that the park home, if assembled in accordance with those instructions, is designed to withstand; and
(c) that the design of the chassis, axles and wheels of the park home, or each component of the park home, are adequate structurally to bear the weight of the park home, or the component of the park home to which they are attached, and to enable the park home, or component of it to which they are attached, to be drawn by another vehicle without structural alteration or damage to the park home.
(3) A person who constructs a park home is to provide to the purchaser of the park home the instructions (which is to include written reference to any relevant specifications, rules, codes of practice or other publications) that are to be complied with when assembling the park home on a site.
(4) A person who wishes to bring a park home which was constructed before 1 January 1998 on to a facility is to show the local government and the licence holder of the facility —
(a) a certificate signed and dated by a builder stating that the park home has been constructed in accordance with the requirements of the Building Code applicable with respect to a particular class or classes, specified in the certificate; and
(i) that in the opinion of the engineer the park home is structurally sound; and
(ii) the wind velocity that the park home has been constructed to withstand; and
(iii) that the chassis, axles and wheels of the park home, or each component of the park home, are adequate structurally to bear the weight of the park home, or the component of the park home to which they are attached, and to enable the park home, or component of it to which they are attached, to be drawn by another vehicle without structural alteration or damage to the park home.
(5) In this regulation —
person who constructs a park home means the business, body corporate or natural person or persons who or which is responsible for construction of the park home.
(6) A builder or professional engineer must not make a statement in a certificate referred to in subregulation (1), (2) or (4) which is false in a material particular if he or she —
(7) A builder who provides a certificate under subregulation (1a) in respect of the construction of a park home must ensure the park home is constructed in accordance with that certificate and the plans attached, unless —
(a) the local government; and
(b) the licence holder of the facility on to which the park home is to be brought,
have approved otherwise in writing.
[Regulation 32 amended: Gazette 25 Aug 2000 p. 4914; 12 Dec 2014 p. 4725 and 4733; SL 2020/12 r. 5.]
33. Park homes to be in accordance with Building Code
(1) A person who constructs or assembles a park home is to do so in accordance with the relevant requirements of the Building Code.
(2) A person who carries out any alteration, addition, restoration or repair to a park home is to do so in accordance with the relevant requirements of the Building Code.
(3) Despite any requirement of the Building Code to the contrary, a park home is not required to contain ablution, toilet or laundry facilities.
[Regulation 33 amended: Gazette 25 Aug 2000 p. 4915; 12 Dec 2014 p. 4733.]
34. Annexes
(1) A person may attach an annexe, or cause an annexe to be attached, to a caravan in a facility only with the prior written approval of —
(a) the owner of the caravan, if he or she is not the owner; and
(b) if the annexe is a rigid annexe —
(i) the licence holder of the facility; and
(ii) the local government, in accordance with regulation 35.
(2) Before giving approval under subregulation (1)(b) for a rigid annexe to be attached to a caravan in a facility, or allowing a rigid annexe to be attached to a caravan in a facility, the licence holder of the facility is to sight —
(a) the approval of the local government for the annexe to be attached to the caravan; and
(b) the certificates referred to in regulation 36 with respect to the annexe.
(3) A person attaching an annexe to a caravan in a facility is to do so in compliance with —
(a) Schedules 6 and 7, where relevant; and
(b) if the annexe is a rigid annexe, the written approval of the licence holder of the facility and the local government.
(4) After 1 January 2015 a person must not, in a nature based park, attach, or cause to be attached, a rigid annexe to anything other than a caravan that is the manager’s residence.
(5) Subregulation (4) does not apply to the attachment of a rigid annexe after 1 January 2015 that is done in accordance with approval given before that day.
[Regulation 34 amended: Gazette 12 Dec 2014 p. 4725 and 4733.]
35. Approval of local government for annexe
(1) A local government which approves an annexe under regulation 34(1)(b)(ii), is to classify the annexe under Part 1.3 of Volume 2 of the Building Code and the classification is to be specified in that approval.
(2) A local government is to sight and copy the certificates referred to in regulation 36 before giving approval under regulation 34(1)(b)(ii) for a rigid annexe to be attached to a caravan in the facility.
[Regulation 35 amended: Gazette 25 Aug 2000 p. 4915.]
36. Annexe certificate
(1) A person who constructs a rigid annexe where the amount paid for the annexe exceeds $12 000 is to provide to the purchaser of the annexe a certificate signed and dated by a builder stating —
(a) that the builder has built, or supervised the building of, the annexe; and
(b) that the annexe has been constructed in accordance with the requirements of the Building Code applicable with respect to a particular class or classes, specified in the certificate; and
(c) the year in which the annexe was constructed and the name of the person who constructed the annexe.
(2) A person who constructs a rigid annexe is to provide to the purchaser of the annexe a certificate signed and dated by a professional engineer stating —
(a) that, in the opinion of the engineer, the annexe will be structurally sound if assembled in accordance with the instructions provided with the annexe referred to in subregulation (3) and identified by reference in the certificate; and
(b) the wind velocity that the annexe, if assembled in accordance with those instructions, is designed to withstand.
(3) A person who constructs a rigid annexe is to provide to the purchaser of the annexe the instructions (which is to include written reference to any relevant specifications, rules, codes of practice or other publications) that are to be complied with when assembling the annexe on a site.
(4) A person who wishes to attach an annexe, or cause an annexe to be attached, to a caravan in a facility where the annexe was constructed before 1 January 1998 is to show the local government and the licence holder of the facility —
(a) a certificate signed and dated by a builder stating that the annexe has been constructed in accordance with the requirements of the Building Code applicable with respect to a particular class or classes, specified in the certificate; and
(i) that in the opinion of the engineer, the annexe is structurally sound; and
(ii) the wind velocity that the annexe has been constructed to withstand.
(5) Subregulation (4) does not apply with respect to an annexe —
(a) if the amount paid for the annexe was $12 000 or less; or
(b) if the annexe is being relocated within a facility.
(6) In this regulation —
person who constructs an annexe means the business, body corporate or natural person or persons who or which is responsible for construction of the annexe.
(7) A builder or professional engineer must not make a statement in a certificate referred to in subregulation (1), (2) or (4) which is false in a material particular if he or she —
[Regulation 36 amended: Gazette 25 Aug 2000 p. 4915; 12 Dec 2014 p. 4725 and 4733; SL 2020/12 r. 6.]
37. Rigid annexe to be in accordance with Building Code
(1) A person who constructs or assembles a rigid annexe is to do so in accordance with the relevant requirements of the Building Code.
(2) A person who carries out any alteration, addition, restoration or repair to a rigid annexe is to do so in accordance with the relevant requirements of the Building Code.
Penalty for an offence under this subregulation: a fine of $3 000.
[Regulation 37 amended: Gazette 12 Dec 2014 p. 4725.]
38. Change of use of park home or annexe
A person is not to change the use of a park home or rigid annexe from the class approved by the local government under regulation 31 or 35 to that of another class unless —
(a) the park home or annexe complies with the requirements of the Building Code applicable to the new class; and
(b) the change has been approved.
[Regulation 38 amended: Gazette 12 Dec 2014 p. 4733.]
Division 3 — Carports, pergolas and storage sheds
39. Carports and pergolas
(1) A person may construct a carport or pergola, or cause a carport or pergola to be constructed, in a facility only with the prior written approval of —
(a) the owner or owners of the caravan at the site at which the carport or pergola is to be constructed, if he or she is not the sole owner; and
(b) the licence holder of the facility; and
(c) the local government.
(2) A person constructing a carport or pergola in a facility is to do so in compliance with —
(a) Schedule 7, where relevant; and
(b) the written approval of the licence holder and the local government.
(3) After 1 January 2015 a person must not, in a nature based park, construct, or cause to be constructed, a carport or pergola other than a carport or pergola for the manager’s residence.
(4) Subregulation (3) does not apply to the construction of a carport or pergola after 1 January 2015 that is done in accordance with approval given before that day.
[Regulation 39 amended: Gazette 12 Dec 2014 p. 4725 and 4733.]
40. Storage sheds
(1) A person may construct a storage shed, or cause a storage shed to be constructed, in a facility only with the prior written approval of —
(a) the owner of the caravan at the site at which the storage shed is to be constructed, if he or she is not the owner; and
(b) the licence holder of the facility.
(2) A person constructing a storage shed in a facility is to do so in compliance with —
(a) clause 12 of Schedule 7; and
(b) the written approval of the licence holder of the facility.
Penalty: a fine of $1 000.
(3) After 1 January 2015 a person must not, in a nature based park, construct, or cause to be constructed, a storage shed other than a storage shed for the operation of the facility.
Penalty: a fine of $1 000.
(4) Subregulation (3) does not apply to the construction of a storage shed after 1 January 2015 if it is done in accordance with approval given before that day.
[Regulation 40 amended: Gazette 12 Dec 2014 p. 4726 and 4733.]
Part 4A — Manufactured homes and attachments
[Heading inserted: SL 2020/12 r. 7.]
40A. Terms used
In this Part —
attachment means an attachment to a manufactured home that —
(a) is used as an extension of the habitable area of that manufactured home; and
(b) has walls and a roof and can be assembled or dismantled within 24 hours by no more than 2 people;
flexible attachment means an attachment made entirely of flexible material except for —
(a) the supporting frame; and
(b) any windows or doors, which may be made of flexible or rigid material;
manufactured home—
(a) means a structure that —
(i) is not a vehicle, train, vessel or aircraft; and
(ii) is movable or capable of movement; and
(iii) is fitted or designed for habitation; and
(iv) immediately prior to 1 July 2019 was located at a place with purported approval;
and
(b) unless the contrary intention appears, includes an attachment;
purported approval means approval given, purportedly under regulation 30(1), for a manufactured home to be brought onto a place, notwithstanding that —
(a) the manufactured home was not a park home; or
(b) the place was not a facility;
rigid attachment means an attachment that is not a flexible attachment.
[Regulation 40A inserted: SL 2020/12 r. 7.]
40B. Manufactured homes and attachments
(1) These regulations (other than the provisions listed in the Table and regulations 30, 31, 34, 35 and 36) apply to and in relation to a manufactured home in a facility and an attachment in a facility as if —
(b) a manufactured home were a park home; and
(c) a manufactured home were not —
(i) a building for the purposes of Schedule 7 clause 11(1); or
(ii) a residential building for the purposes of Schedule 7 clause 11(3);
and
(d) an attachment were an annexe; and
(e) a flexible attachment were a flexible annexe; and
(f) a rigid attachment were a rigid annexe; and
(g) in regulations 15(1) and 19(1)(k) the following words were deleted —
(i) “has wheels attached to it, or in the case of a park home assembled from components, each component of the park home has wheels attached to it, and”; and
(ii) “under its own power or by being towed,”;
and
(h) in regulation 15(2) the words “moved, under its own power or by being towed.” were deleted and replaced with “moved.”; and
(i) in Schedule 5 clause 4(2) the word “parked” were deleted and replaced with “located”.
Table
| r. 3 def. of park home park | r. 4 |
| r. 5 | r. 9 |
| r. 32 | r. 65(d)(i) |
| r. 72 | Sch. 5 cl. 3 |
| Sch. 7 cl. 52(1) | |
(2) Regulations 30, 31, 34 and 35 apply to and in relation to a manufactured home and an attachment as if —
(b) a manufactured home were a park home; and
(c) an attachment were an annexe; and
(d) a rigid attachment were a rigid annexe; and
(e) in regulations 30(2)(b) and 31(2) a reference to the certificates referred to in regulation 32(1) or (1a), and (2) or regulation 32(4)(a) and (b) were a reference to the certificates referred to in regulation 40C; and
(f) in regulations 34(2)(b) and 35(2) a reference to the certificates referred to in regulation 36 were a reference to —
(i) certificates issued before 1 July 2019, purportedly under regulation 36; or
(ii) the certificates referred to in regulation 36 as modified by subregulation (3).
(3) Regulation 36 applies to and in relation to a rigid attachment to be attached to a manufactured home in a facility as if —
(b) an attachment were an annexe; and
(c) a rigid attachment were a rigid annexe.
[Regulation 40B inserted: SL 2020/12 r. 7.]
40C. Manufactured home certificates
(1) A person who wishes to bring a manufactured home on to a facility must show the local government and the licence holder of the facility —
(a) a certificate issued before 1 July 2019 in relation to the manufactured home, purportedly under regulation 32(1), (1a) or (4)(a); or
(b) a certificate signed and dated by a builder stating that the manufactured home has been constructed in accordance with the requirements of the Building Code applicable with respect to a particular class or classes, specified in the certificate.
(2) A person who wishes to bring a manufactured home on to a facility must show the local government and the licence holder of the facility —
(a) a certificate issued before 1 July 2019 in relation to the manufactured home, purportedly under regulation 32(2) or (4)(b); or
(i) that in the opinion of the engineer the manufactured home is structurally sound; and
(ii) the wind velocity that the manufactured home has been constructed to withstand; and
(iii) that the manufactured home is able to be moved within 24 hours of any services attached to it being disconnected; and
(iv) if the manufactured home is assembled from components — that the manufactured home is able to be moved within 24 hours of it being split into components.
(3) A builder or professional engineer must not make a statement in a certificate referred to in subregulation (1)(b) or (2)(b) that is false in a material particular if the builder or professional engineer —
[Regulation 40C inserted: SL 2020/12 r. 7.]
Part 5 — Licensing of caravan parks and camping grounds
41. Types of facilities and licences — Schedule 2
For the purposes of section 6(1) of the Act, a facility of a type referred to in column 2 of Schedule 2 is a facility of a prescribed type and the appropriate licence in respect of the facility is the licence referred to in column 1 of that Schedule directly opposite the facility.
42. Licence to be of type referred to in Schedule 2
A local government may grant, renew or transfer, only a licence of a type referred to in column 1 of Schedule 2.
43. Application for licence or renewal — Form 1
(1) An application for the grant or renewal of a licence, is to be made in the form of Form 1.
(2) The documents described in Form 1 are to be attached to an application for a licence.
(3) A person must not make a statement in an application for a licence which is false if the person —
[Regulation 43 amended: Gazette 12 Dec 2014 p. 4726.]
44. No change to facility as shown on plan, unless approved
(1) It is a condition of each licence that the aspects of a facility that are to be included in a plan described in Form 1 are not to be changed other than with prior approval.
(2) If approval is given to a change to a facility under subregulation (1), a licence holder of the facility is, within 30 days after the approval is given, to submit an updated plan to the local government showing the change.
[Regulation 44 amended: Gazette 12 Dec 2014 p. 4733.]
45. Fee for application for licence or renewal
(1) The fees set out in item 1 of Schedule 3 are prescribed for an application for the grant or renewal of a licence under section 7(1)(b) of the Act.
(2) If an application for the grant or renewal of a licence is refused the application fee referred to in subregulation (1) is to be refunded to the applicant.
46. Licence — Form 2
A licence is to be in the form of Form 2.
47. Applications not dealt with within time are taken to be refused
(1) If within —
(a) 63 days of receiving an application for a licence; or
(b) 35 days of receiving an application for a renewal of a licence,
the local government to which the application was made has not informed the applicant whether or not the application has been granted, the applicant may give the chief executive officer of the local government a notice requiring the local government to inform the applicant, within 14 days, whether or not the application is granted.
(2) If within 14 days after receiving a notice referred to in subregulation (1), the local government has not informed the applicant whether or not the application is granted, the local government is to be taken to have refused the application and the applicant may make an application for review to the State Administrative Tribunal under section 27 of the Act.
[Regulation 47 amended: Gazette 30 Dec 2004 p. 7011.]
48. Overflow areas
A local government may specify in a licence for a facility, an area of the facility as an overflow area.
[49. Deleted: Gazette 12 Dec 2014 p. 4726.]
50. Licence to specify number and types of sites and other conditions
A local government is to endorse on each licence, as conditions of the licence —
(a) the maximum number of sites that may be used at the facility, other than at any overflow area; and
(b) where the facility has an overflow area, the maximum number of sites that may be used at any overflow area when the area is in use; and
(c) the maximum number of sites of particular types that may be used at the facility, other than at any overflow area; and
(d) where the facility has an overflow area, the maximum number of sites of particular types that may be used at any overflow area when the area is in use.
51. Calculation of camping sites
The maximum number of camping sites endorsed by a local government on a licence for use at a facility is not to exceed —
(a) for a nature based park, one site for each 50 m 2 of camping ground available at the facility; and
(b) for any other facility, one site for each 25 m 2 of camping ground available at the facility.
[Regulation 51 inserted: Gazette 12 Dec 2014 p. 4726.]
52. Duration of licence
The prescribed period for the purposes of section 8 of the Act is one year from the day on which the licence was granted or renewed.
53. Additional fee for renewal after expiry
The fee set out in item 2 of Schedule 3 is an additional fee to be paid by way of penalty if a licence is renewed as provided under section 9(1) of the Act.
54. Temporary licence
(1) A local government may, on payment of the fee set out in item 3 of Schedule 3, grant a temporary licence for a facility which is to remain in force for such period of less than one year, as is provided in the licence.
(2) A local government is to endorse on a temporary licence for a facility as conditions of the licence —
(a) the maximum number of sites that may be used at the facility; and
(b) the maximum number of sites of particular types that may be used at the facility; and
(c) the services and facilities that are to be provided.
55. Transfer of licence
A licence may be transferred from the licence holder, or holders, to another person, or persons, only with the prior written approval of the local government which granted the licence and on payment of the fee set out in item 4 of Schedule 3.
Part 6 — Removal of neglected, abandoned, etc. caravans
56. Neglected or abandoned caravans
(1) An authorised person, or the licence holder of the facility where the caravan is situated, may give written notice that, in his or her opinion, a caravan owned or occupied by the person to whom the notice is given, is neglected or abandoned.
(2) Notice under this regulation is to state briefly —
(a) a description of the caravan sufficient to identify it, including where possible, its number plate; and
(b) any actions that may be taken to rectify the problems with the caravan; and
(c) that those actions are to be taken within 14 days (or such longer period as is specified) of service of the notice; and
(d) that if the notice is not complied with the caravan may be removed from the facility and, after not less than 60 days of that removal, sold.
(3) Where notice that a caravan on a facility is neglected or abandoned has not been complied with within the time specified in the notice, an authorised person, or the licence holder of the facility may cause the caravan to be removed from the facility.
57. Caravans in dangerous condition
(1) An authorised person may give written notice that, in his or her opinion, a caravan in a facility is in such a condition that it is an immediate danger to people or property in the facility.
(2) Notice under this regulation is to state briefly —
(a) a description of the caravan sufficient to identify it, including where possible, its number plate; and
(b) the facts that have caused the authorised person to come to the conclusion that the caravan is in such a condition that it is an immediate danger to people or property at the facility; and
(c) the action proposed to be taken to alleviate that danger.
(3) Where an authorised person has given notice under this regulation then he or she may cause the caravan to be made safe or to be removed from the facility.
(4) A person who causes a caravan to be made safe under subregulation (3), may require payment of the reasonable costs of doing so from the owner of the caravan.
(5) The licence holder of a facility may exercise the powers of an authorised person under this regulation if an authorised person is not able to exercise those powers in respect of a caravan due to the geographical isolation of the facility.
58. How notice to be given
(1) If a caravan is owned by a person other than the occupier the person giving notice under this Part is to make every reasonable effort to give the notice referred to in subregulation (2) to the owner, as well as to any occupier, of the caravan.
(2) Subject to subregulation (1), notice is given under this Part if it is —
(a) given personally, or by certified post, to the occupier or owner; or
(b) left with a person who appears to be over 16 years of age and to reside at the caravan; or
(c) affixed to a conspicuous part of the caravan, or, if that is not practicable, a conspicuous place as near the caravan as is practicable.
[Regulation 58 amended: Gazette 25 Aug 2000 p. 4915.]
59. Caravans that have been removed
(1) A person who causes a caravan to be removed from a facility under this Part is to ensure that the caravan is kept safe and released, at any time before it is destroyed or sold, to a person who appears to the authorised person or licence holder to be entitled to possession of it.
(2) In the event of any doubt or dispute as to entitlement to possession of a caravan, the caravan is to be retained until the doubt or dispute is settled or determined.
(3) A person who causes a caravan to be removed from a facility under this Part may require payment from the person to whom the caravan is to be released of the reasonable costs of the removal and storage of the caravan.
(4) A caravan which has not been reclaimed within 60 days of the day it was removed from the facility may —
(a) be sold at public auction or tender, or, if such sale is unsuccessful may be sold by private sale; or
(b) be destroyed, if in the written opinion of an authorised officer, it is in such poor condition or repair that it is not desirable that it be sold.
(5) If a caravan is sold under subregulation (4), the person who caused the caravan to be removed under this Part is entitled to retain out of the proceeds of the sale the reasonable costs of the removal, storage and sale of the caravan.
(6) The balance of any proceeds of the sale of a caravan under this regulation after the deduction of any amount under subregulation (5) is to be credited to —
(a) a person who appears to the authorised person or licence holder to have been entitled to possession of the caravan; or
(b) if there is no such person, to the trust fund of the local government of the district in which the caravan was situated.
(7) The purchaser of a caravan acquired by public auction, tender or private sale under this regulation, unless he or she has actual notice of any interest in the caravan of a person, acquires a good title to the caravan subject to any such interest.
(8) A person acting under this regulation does not incur any liability in respect of the removal, storage, sale or destruction of the caravan, except —
(a) liability for intentional or negligent damage to the caravan, other than the destruction of the caravan under subregulation (4)(b); or
(b) where he or she has actual notice of any interest in the caravan of a person and fails to take all reasonable steps to notify that person of the whereabouts of the caravan and afford that person a reasonable opportunity to reclaim the caravan.
(9) Where a dispute arises between a person who causes a caravan to be removed from a facility under this Part and a person who claims an interest in the caravan, the Magistrates Court may, on application by such person, order the return of the caravan or the payment of any amount from the relevant trust fund or make such other order as the court considers appropriate in the circumstances.
(10) An application made to the Magistrates Court under this regulation is to be made and dealt with under the Magistrates Court (Civil Proceedings) Rules 2005 Part 21 Division 3.
(11) In this regulation —
trust fund means the trust fund established by the relevant local government under section 6.9 of the Local Government Act 1995.
[Regulation 59 amended: Gazette 25 Aug 2000 p. 4916; 12 Dec 2014 p. 4726-7.]
60. Notice before sale
Before a caravan is sold or destroyed under regulation 59, the person who caused it to be removed from the facility is to —
(a) make every reasonable effort to give notice in writing to —
(i) the owner of the caravan; and
(ii) the occupier of the caravan at the time of the removal;
and
(b) cause a notice to be inserted in a newspaper circulating generally throughout the State,
to the effect that the caravan has been removed from the facility and if not claimed within 60 days of that removal may be sold or destroyed.
[Regulation 60 amended: Gazette 12 Dec 2014 p. 4733.]
Part 7 — Infringement notices
61. Offences for which infringement notice may be given
The offences set out in column 1 of Schedule 4 are prescribed to be offences in respect of which an infringement notice may be given under section 23 of the Act.
62. Modified penalties
The modified penalty set out in column 2 of Schedule 4 opposite an offence referred to in column 1 is the prescribed modified penalty for that offence for the purposes of section 23(4) of the Act.
63. Form of infringement notice — Form 3
An infringement notice under section 23(3) of the Act is to be in the form of Form 3.
64. Form of notice of withdrawal of infringement notice — Form 4
A notice under section 23(7) of the Act stating that an infringement notice has been withdrawn is to be in the form of Form 4.
Part 8 — Miscellaneous
65. Register of occupiers
A register of occupiers under section 13(1)(b) of the Act is to be maintained in such a form that it is possible to readily ascertain —
(a) the name and principal place of residence of an occupier for each site occupied; and
(b) which site is occupied by a particular occupier, or group of occupiers; and
(c) the dates on which an occupier, or group of occupiers, arrives at, and departs from, a site; and
(d) in respect of a caravan park, the number plate of —
(i) the caravan; and
(ii) the vehicle towing, or which towed, the caravan, where possible; and
(iii) another vehicle used by occupiers of the site, if it is not possible to identify the number plate referred to in subparagraph (ii).
[Regulation 65 amended: Gazette 25 Aug 2000 p. 4916.]
66. Local government register of licences
For the purposes of section 14(1) of the Act, the following details are prescribed details to be recorded in respect of each licence granted —
(a) the name and address of the facility;
(b) the name and address of each licence holder;
(c) the type of licence;
(d) the number and type of sites authorised to be used at the facility;
(e) whether or not the facility has an overflow area, and if so, the number and type of sites authorised to be used at the overflow area;
(f) the number of buildings on the facility that are used for occupation by persons;
(g) any conditions imposed on the licence.
67. Local government to keep copy of approvals and certificates
The local government is to keep as a permanent record a copy of each approval and certificate —
(a) granted by it, or by an authorised person appointed by it; or
(b) sighted by it.
68. Form of identity card for authorised person — Form 5
An identity card for the purposes of section 17(1)(b) of the Act is to be in the form of Form 5.
[69. Deleted: Gazette 30 Dec 2004 p. 7011.]
70. Application for exemption, variation or modification from subsidiary legislation
(1) An application from the licence holder under section 31(1) of the Act for an exemption from, or a modification or variation of, any regulation or local law is to be made —
(a) in a form approved by the Minister, setting out —
(i) a description of the exemption, modification or variation sought; and
(ii) the regulations or local laws to be affected by the exemption, modification or variation; and
(iii) the grounds on which the exemption, modification or variation is sought;
and
(b) by sending the completed form to the chief executive officer of the Department.
(2) The chief executive officer is to submit each form received to the Minister as soon as is practicable.
(3) The licence holder is to send a copy of the form to the relevant local government.
71. Application to extend exemption from subsidiary legislation
(1) An application from the licence holder under section 31(4) of the Act to extend the period of an exemption, modification or variation is to be made —
(a) at least 21 days before the expiry of the exemption; and
(b) in a form approved by the Minister, setting out the grounds on which the extension is sought; and
(c) by sending the completed form to the chief executive officer of the Department,
and is to be accompanied by a copy of the original exemption, modification or variation.
(2) The chief executive officer is to submit a form and accompanying document referred to in subregulation (1) to the Minister as soon as is practicable.
(3) The licence holder is to send a copy of the form to the relevant local government.
72. Entry under Act s. 20
(1) The purpose of ascertaining whether there has been compliance with the Act, these regulations or any condition imposed under the Act is a prescribed purpose under section 20(1)(c) and (3) of the Act.
(2) A person authorised to enter a caravan or camp in a facility under section 20(1)(a) or (c), (2) or (3) of the Act may not enter that caravan or camp more than once in any period of 4 weeks.