Holiday Parks (Long-term Casual Occupation) Act 2002
In ForceNSW
Jurisdiction
New South Wales
Act Number
88 of 2002
Collection
act
Plain English Summary
6/10 complexity
The Act sets mandatory rules for long‑term casual occupation of holiday‑park sites: park owners must give prescribed pre‑contract information and park rules, use statutory standard terms, limit advance occupation fees (max three months), issue specified receipts, and follow notice and abandonment rules. It largely bans informal oral agreements and creates penalties for non‑compliance.
It affects park owners (and managers) and long‑term casual occupants, channels disputes to the Civil & Administrative Tribunal, and grants fair‑trading investigators limited inspection powers.
The Holiday Parks (Long-term Casual Occupation) Act 2002 (NSW) establishes a self-contained statutory regime for “occupation agreements” that sit in the interstice between short-term tourist accommodation and residential tenancy. Its central operative provision is s 5(1), which applies the Act to any agreement that satisfies four cumulative criteria: (a) the occupant maintains a principal place of residence elsewhere than the site; (b) the occupant installs and leaves their own moveable dwelling on the site for the duration of the agreement; (c) the occupant’s actual occupation does not exceed 180 days in any 12-month period (continuous or broken); and (d) the occupant is, or has been with consent, a casual occupant for at least 12 months.
Once engaged, the Act overlays mandatory standard terms, information obligations, fee controls, rule-making powers, dispute resolution mechanisms and termination rules. Section 11(1) deems every written occupation agreement to include all terms set out in Schedule 1 (with blanks completed) plus any regulations. Section 15(3) does the same for oral agreements. Any additional term is void to the extent of inconsistency with the Act or the standard terms (ss 11(4), 15(5)), and the Tribunal may separately declare an additional term void if it contravenes the consistency requirement (ss 11(5), 15(6)).
Part 3 imposes pre-contractual disclosure obligations. A park owner must supply a document answering the 13 specific questions listed in s 9(1) (plus any prescribed by regulation) together with correct written answers. The questions cover occupation fees, seasonal loadings, additional occupant charges, utility recoveries, preparation costs, notice of increases, notice to vacate, dispute resolution, sale of the dwelling, dwelling-type restrictions, permitted structures, common-facility rules and relocation costs. Failure to provide the document before entering the agreement attracts a 2-penalty-unit maximum (s 9(2)). A parallel obligation exists under s 10 to supply the current park rules for casual occupants before or at the time of contracting (again 2 penalty units).
Current sections
Direct links to the current provisions in Holiday Parks (Long-term Casual Occupation) Act 2002.
This Act commences on a day or days to be appointed by proclamation.
3
Definitions
3 Definitions
3 Definitions
(1) In this Act—
approved form means a form approved by the principal registrar of the Tribunal.
exercise a function includes perform a duty.
function includes a power, authority or duty.
holiday park means—
(a) a caravan park (that is, land, including a camping ground, on which caravans, or caravans and other moveable dwellings, have been, are or are to be placed, installed or erected), or
(b) a manufactured home estate (that is, land on which manufactured homes have been, are or are to be placed),
whether or not the caravan park or manufactured home estate is the subject of an approval under the Local Government Act 1993.
investigator means an investigator appointed under section 18 of the Fair Trading Act 1987.
long-term casual occupant means an occupant under an occupation agreement to which this Act applies.
manufactured home means a self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities) that comprises one or more major sections, and is not a registrable moveable dwelling, and includes any associated structures that form part of the dwelling.
moveable dwelling means—
(a) any caravan or other van or other portable device (whether on wheels or not) other than a tent, used for human habitation, or
(b) a manufactured home, or
(c) any conveyance, structure or thing (other than a tent or similar structure) of a class or description prescribed by the regulations for the purposes of this definition.
occupant means a person who has the right to occupy a site under an occupation agreement.
occupation agreement means any agreement under which a person grants to another person for value a right to occupy a site—
(a) whether or not the right is a right of exclusive occupation, and
(b) whether the agreement is express or implied, and
(c) whether the agreement is oral or in writing, or partly oral and partly in writing.
occupation fee means an amount payable under an occupation agreement by an occupant in respect of a period of the occupancy.
park manager, in relation to a holiday park, means the person employed or appointed as park manager under section 45.
park owner, in relation to an occupation agreement, means any person who grants the right to occupy a site under the occupation agreement.
relocatable home means a moveable dwelling that is not—
(a) a moveable dwelling that is a motor vehicle, trailer or other registrable vehicle within the meaning of the Road Transport Act 2013, or
(b) a moveable dwelling of a type prescribed by the regulations for the purposes of this paragraph.
Secretary means—
(a) the Commissioner for Fair Trading, Department of Customer Service, or
(b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Customer Service.
signed includes executed by a corporation in any manner permitted by law.
site means a site within a holiday park that is used, or is intended to be used, for the installation of a moveable dwelling for long-term casual occupation and includes any other part of premises (such as a parking space or storeroom) let with the site.
Tribunal means the Civil and Administrative Tribunal.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) In this Act, a reference to an occupant includes a person to whom an occupant has granted the right to occupy a site.
(3) For the purposes of determining whether an agreement is an occupation agreement as defined in subsection (1), it does not matter that the person granted the right of occupation is a corporation if the site is occupied (or intended for occupation) by a natural person.
s 3: Am 2013 No 19, Sch 4.27; 2013 No 95, Sch 4.18 [1]; 2013 No 97, Sch 3.7 [1]; 2015 No 15, Sch 1.14 [1]; 2016 No 55, Sch 1.12 [1]; 2022 No 59, Sch 3.35.
4
Notes
4 Notes
4 Notes
Notes included in this Act do not form part of this Act.
Part 2
Application of Act
Part 2 Application of Act
Part 2 Application of Act
5
Act applies to long-term casual occupants
5 Act applies to long-term casual occupants
5 Act applies to long-term casual occupants
(1) This Act applies to any occupation agreement in relation to a site—
(a) entered into by an occupant who has a principal place of residence somewhere other than the site, and
(b) under which the occupant installs the occupant’s own moveable dwelling on the site and leaves it there all of the time that the occupation agreement continues in force, and
(c) under which the occupant can occupy the site for no more than 180 days in any 12-month period (in a continuous or broken period), and
(d) under which—
(i) the occupant agrees, with the consent of the park owner, to be an occupant on a casual basis for at least 12 months, or
(ii) the occupant has, with the consent of the park owner, been an occupant on a casual basis for at least 12 months.
(2) This Act applies whether the relevant occupation agreement was entered into before or after the commencement of this section, unless a particular provision provides otherwise.
(3) Subject to sections 14 and 16, if this Act applies to an occupation agreement, it so applies despite the terms of any such occupation agreement or any other contract, agreement or arrangement, whether made before or after the commencement of this section.
6
Agreements and sites to which Act does not apply
6 Agreements and sites to which Act does not apply
6 Agreements and sites to which Act does not apply
(1) This Act does not apply to an occupation agreement of a class prescribed by the regulations for the purposes of this subsection.
(2) This Act does not apply to—
(a) any site ordinarily used or intended to be used for tourist arrangements or other holiday purposes other than long-term casual occupation of the kind described in section 5 (1), or
(b) any site, or part of a site, prescribed by the regulations for the purposes of this paragraph.
7
Certain other Acts have no or limited application
7 Certain other Acts have no or limited application
7 Certain other Acts have no or limited application
(2) However, Part 8 of the Residential (Land Lease) Communities Act 2013 applies to sites occupied under occupation agreements to which this Act applies and the occupants of those sites.
s 7: Subst 2013 No 97, Sch 3.7 [2].
8
Act to bind Crown
8 Act to bind Crown
8 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
Part 3
Rights of prospective occupants of holiday parks to be provided with information
Part 3 Rights of prospective occupants of holiday parks to be provided with information
Part 3 Rights of prospective occupants of holiday parks to be provided with information
9
Prospective occupants have a right to certain information
9 Prospective occupants have a right to certain information
9 Prospective occupants have a right to certain information
(1) A park owner who proposes to enter into an occupation agreement under which a person will be the occupant of a site must prepare, or arrange for the preparation of, a document that includes the following questions, and any other questions that may be prescribed by the regulations, and correct written answers to those questions—
(a) What occupation fees will be charged under the occupation agreement?
(b) Will there be any extra occupation fees charged during school holidays or any other busy periods?
(c) Will there be any extra occupation fees charged for additional occupants or visitors?
(d) Will the occupant have to pay any additional or extraordinary charges (other than occupation fees), for instance any gas or water charges? If the occupant does have to pay, for what purposes does the occupant have to pay?
(e) What are the costs of preparing the occupation agreement?
(f) How much notice will the occupant get before occupation fees go up?
(g) How much notice will the occupant get before he or she is asked to leave the site or otherwise end the agreement?
(h) How will any disputes about the occupation agreement be sorted out, or any other disagreements?
(i) Can an occupant sell the occupant’s moveable dwelling while it is in the holiday park? What restrictions are there on an occupant regarding the sale of the occupant’s moveable dwelling while it is in the holiday park? What are the commission arrangements if the park owner sells the occupant’s moveable dwelling?
(j) Is there any restriction on the types of moveable dwellings allowed at the park?
(k) What can the occupant put on the site besides the moveable dwelling (such as a carport or garden shed)? The answer to this should take into account—
(l) Are there restrictions on the use of common facilities? If so, what hours are the facilities available and who may use the facilities? Are there any other restrictions on the use of these facilities?
(m) Who pays for the cost of an occupant’s dwelling being relocated within the park during the term of the occupation agreement?
(2) The park owner must not enter into an occupation agreement in relation to a site unless the prospective occupant under that agreement has first been provided with a copy of the document referred to in subsection (1).
Maximum penalty—2 penalty units.
10
Prospective occupants have a right to be provided with the park rules for casual occupants
10 Prospective occupants have a right to be provided with the park rules for casual occupants
10 Prospective occupants have a right to be provided with the park rules for casual occupants
A park owner must not enter into an occupation agreement in relation to a site within a holiday park with a prospective long-term casual occupant unless the prospective occupant under that agreement is provided, before or at the time of entering into the agreement, with a copy of the park rules for casual occupants that are in force for the holiday park.
Maximum penalty—2 penalty units.
Part 4
Occupation agreements
Part 4 Occupation agreements
Part 4 Occupation agreements
Division 1
Written agreements
Division 1 Written agreements
Division 1 Written agreements
11
What are the terms of a written occupation agreement?
11 What are the terms of a written occupation agreement?
11 What are the terms of a written occupation agreement?
(1) Every occupation agreement that is wholly or partly in writing is taken to include the following standard terms—
(a) every term set out in Schedule 1 (with the blank spaces filled in with appropriate details), and
(b) every term prescribed by the regulations,
whether or not the term appears in the written agreement.
(2) An occupation agreement that is wholly or partly in writing may include additional terms only if—
(a) they are consistent with this or any other Act, and
(b) they are consistent with the standard terms of the agreement included in the agreement by subsection (1).
(3) Any additional terms must be set out in a separate and clearly labelled part of the agreement.
(4) A term (including an additional term) of an occupation agreement is void to any extent to which it is inconsistent with this or any other Act or any term included in the agreement by subsection (1).
(5) An additional term is void if the Tribunal so orders, on application by an occupant or a park owner, on being satisfied that the additional term contravenes subsection (2).
12
Park owner to give occupant copy of occupation agreement
12 Park owner to give occupant copy of occupation agreement
12 Park owner to give occupant copy of occupation agreement
If the occupation agreement is wholly or partly in writing, the park owner must give the occupant a copy of the signed occupation agreement for the occupant to keep, as soon as is reasonably practicable after it is signed by all the parties.
Maximum penalty—5 penalty units.
13
What if the occupation agreement is not signed?
13 What if the occupation agreement is not signed?
13 What if the occupation agreement is not signed?
(1) If an occupation agreement has been signed by an occupant and given to the park owner or accepted by a person on the park owner’s behalf and has not been signed by the park owner—
(a) acceptance of occupation fees by or on behalf of the park owner without reservation, or
(b) any act of part performance of the agreement by or on behalf of the park owner,
gives the document the same effect it would have if it had been signed by the park owner on the first day in respect of which occupation fees were accepted or on the day on which such an act was first performed.
(2) This section applies despite section 54A (which requires certain contracts in relation to land to be in writing) of the Conveyancing Act 1919.
14
What happens to current occupants under existing written agreements?
14 What happens to current occupants under existing written agreements?
14 What happens to current occupants under existing written agreements?
(1) In this section, relevant agreement means an agreement that, if this Act had been in force at the time the agreement was made, would be an occupation agreement.
(2) If a written relevant agreement was in force before the commencement of this section, that agreement continues in force until a new occupation agreement is made under this Act.
(3) If a new occupation agreement is not made within 12 months after the commencement of this section, and the relevant agreement continues in force, the occupation agreement is taken, from a date that is 12 months after the commencement of this section, to include every term set out in Schedule 1 (except clause 25) and the regulations (with the blank spaces filled in with the appropriate details). A term of such an occupation agreement is void to any extent to which it is inconsistent with this or any other Act or any term included in the agreement by Schedule 1 and the regulations.
Division 2
Oral agreements
Division 2 Oral agreements
Division 2 Oral agreements
15
What if there is no written agreement?
15 What if there is no written agreement?
15 What if there is no written agreement?
(1) A park owner who, after the commencement of this section, knowingly enters into an occupation agreement that is not in writing or that is only partly in writing is guilty of an offence.
Maximum penalty—5 penalty units.
(2) The fact that an occupation agreement is not in writing does not by itself mean that the agreement is void or voidable.
(3) An occupation agreement that is not in writing is taken to include the following standard terms—
(a) every term set out in Schedule 1 (with the blank spaces filled in with appropriate details), and
(b) every term prescribed by the regulations.
(4) An occupation agreement that is not in writing may include additional terms only if—
(a) they are consistent with this Act and every other Act, and
(b) they are consistent with the standard terms of the agreement included in the agreement by subsection (3).
(5) A term of an occupation agreement is void to any extent to which it is inconsistent with this or any other Act or any term included in the agreement by subsection (3).
(6) An additional term is void if the Tribunal so orders, on application by an occupant or a park owner, on being satisfied that the additional term contravenes subsection (4).
(7) This section applies despite section 54A (which requires certain contracts in relation to land to be in writing) of the Conveyancing Act 1919.
16
What happens to current occupants under existing oral agreements?
16 What happens to current occupants under existing oral agreements?
16 What happens to current occupants under existing oral agreements?
(1) In this section, relevant agreement means an agreement that, if this Act had been in force at the time that the agreement was made, would be an occupation agreement.
(2) If a relevant agreement that is not in writing or that is only partly in writing was in force before the commencement of this section, that agreement continues in force until a new occupation agreement is made under this Act.
(3) If a new occupation agreement is not made within 12 months after the commencement of this section, and the relevant agreement continues in force, the agreement is taken, from a date that is 12 months after the commencement of this section, to include every term set out in Schedule 1 (except clause 25) and the regulations (with the blank spaces filled in with the appropriate details). A term of an occupation agreement is void to any extent to which it is inconsistent with this or any other Act or any term included in the agreement by section 15 (3).
17
No costs payable for oral agreement
17 No costs payable for oral agreement
17 No costs payable for oral agreement
A park owner is not entitled to any costs in relation to the preparation of an occupation agreement that is not in writing.
Division 3
What happens to a fixed term agreement after the fixed term ends?
Division 3 What happens to a fixed term agreement after the fixed term ends?
Division 3 What happens to a fixed term agreement after the fixed term ends?
18
Fixed term agreement may specify that it continues
18 Fixed term agreement may specify that it continues
18 Fixed term agreement may specify that it continues
If an occupation agreement that creates an occupancy for a fixed term includes a provision for its continuation after the fixed term ends, that provision has effect.
19
Park owner or occupant may terminate agreement when fixed term ends
19 Park owner or occupant may terminate agreement when fixed term ends
19 Park owner or occupant may terminate agreement when fixed term ends
If an occupation agreement creates an occupancy for a fixed term and the fixed term ends, the park owner or the occupant may terminate the occupation agreement in accordance with the terms of the agreement relating to termination.
20
Continuation of fixed term agreements if park owner or occupant does not terminate
20 Continuation of fixed term agreements if park owner or occupant does not terminate
20 Continuation of fixed term agreements if park owner or occupant does not terminate
(1) This section applies if—
(a) an occupation agreement creates an occupancy for a fixed term, and
(b) the occupation agreement has no provision in it for continuation after the fixed term ends, and
(c) neither the park owner nor the occupant has terminated the occupation agreement when the fixed term ends.
(2) An occupation agreement to which this section applies is to continue to apply on the same terms as those applying immediately before the day on which the fixed term ends, other than the term that set the fixed term for the agreement and the term fixing the amount of the occupation fee.
(3) The occupation agreement continues on the basis that the occupant is holding over under a periodic occupancy, that is, on the basis that the occupation fee is paid and accepted at regular fixed intervals and the occupancy of the occupant continues indefinitely from one period to the next until terminated by notice equal to the length of the applicable period.
Part 5
Occupation fees and charges
Part 5 Occupation fees and charges
Part 5 Occupation fees and charges
21
Nature of amounts to be paid for agreement
21 Nature of amounts to be paid for agreement
21 Nature of amounts to be paid for agreement
A person must not demand, require or receive from an occupant or prospective occupant any monetary consideration for or in relation to entering into, renewing, extending or continuing an occupation agreement other than—
(a) occupation fees, and
(b) any other charges that the occupant agrees or has agreed to pay under the occupation agreement, and
(c) any charges or other amounts that may be prescribed by the regulations.
Maximum penalty—20 penalty units.
22
Occupation fees in advance
22 Occupation fees in advance
22 Occupation fees in advance
(1) A person must not demand or require another person to pay, as occupation fees in advance under an occupation agreement, more than 3 months’ occupation fees.
Maximum penalty—5 penalty units.
(2) A person must not demand or require the payment of any occupation fees (other than the first payment) under an occupation agreement for a period of the occupancy to be made before the end of the previous period for which occupation fees have been paid.
Maximum penalty—5 penalty units.
23
Receipts for occupation fees and charges
23 Receipts for occupation fees and charges
23 Receipts for occupation fees and charges
(1) If occupation fees or other charges under an occupation agreement are paid in person, any person who receives payment of the fees or charges must, without delay, give to the person making the payment a receipt for the payment.
Maximum penalty—5 penalty units.
(2) If occupation fees or charges under an occupation agreement are not paid in person, the park owner or the park manager must, on receipt of the fees or charges, prepare or cause to be prepared a receipt for the fees or charges and make the receipt available for collection by the occupant or give it to the occupant.
Maximum penalty—5 penalty units.
(3) A receipt for occupation fees or charges is not a receipt for the purposes of this section unless it includes the following particulars—
(a) the name and address of the holiday park, and the number of the site,
(b) the period for which the fees or charges are paid,
(c) the date on which the fees or charges are received,
(d) the amount of fees or charges paid.
(4) This section does not apply to occupation fees paid in accordance with an agreement between the park owner and the occupant into an account at an authorised deposit-taking institution nominated by the park owner.
s 23: Am 2024 No 25, Sch 6.11[1].
Part 6
Park rules for casual occupants
Part 6 Park rules for casual occupants
Part 6 Park rules for casual occupants
24
Park rules for casual occupants form part of occupation agreements
24 Park rules for casual occupants form part of occupation agreements
24 Park rules for casual occupants form part of occupation agreements
(1) The park rules for casual occupants for a holiday park, as in force from time to time, are terms of every occupation agreement in respect of a site in the holiday park.
(2) However, a park rule—
(a) that is inconsistent with this or any other Act, or
(b) that is inconsistent with a term of an occupation agreement,
is not a term of that agreement, to the extent of the inconsistency.
25
Amendment of park rules for casual occupants
25 Amendment of park rules for casual occupants
25 Amendment of park rules for casual occupants
(1) A park owner may make written amendments to any park rules for casual occupants made in relation to a holiday park. Those amendments may deal only with occupation agreements to which this Act applies, occupants under such agreements and their guests.
(2) Notice of a proposed amendment must be given to each long term casual occupant of the holiday park at least 7 days before the day on which the amendment is to have effect.
(3) On the day on which an amendment to the park rules for casual occupants takes effect, the park rules for casual occupants are amended in accordance with the amendment.
(4) For the purposes of this section, an amendment of park rules for casual occupants includes—
(a) a variation of a park rule for casual occupants, and
(b) the addition to the park rules for casual occupants of a new rule, and
(c) the repeal of an existing park rule for casual occupants, and
(d) the repeal of all existing park rules for casual occupants and their replacement by new rules.
Part 7
What if something goes wrong?
Part 7 What if something goes wrong?
Part 7 What if something goes wrong?
26
Applications to the Tribunal relating to a breach of an occupation agreement or to a disagreement
26 Applications to the Tribunal relating to a breach of an occupation agreement or to a disagreement
26 Applications to the Tribunal relating to a breach of an occupation agreement or to a disagreement
(1) If—
(a) a park owner or an occupant under an occupation agreement claims that a breach of a term of the agreement has occurred, or
(b) a disagreement occurs between a park owner and an occupant concerning a matter that could form the basis of a breach of the occupation agreement (other than an increase in the occupation fee or any other matter of a kind prescribed by the regulations),
the park owner or the occupant may, not later than 30 days after becoming aware of the breach or the disagreement, apply to the Tribunal for an order in respect of the breach or disagreement.
(2) (Repealed)
(3) An application under this section may be made during the currency of or within 30 days after the termination of an occupation agreement. In addition, an application may be made whether or not the occupation agreement was executed.
s 26: Am 2009 No 56, Sch 1.18 [1].
27
What orders can the Tribunal make?
27 What orders can the Tribunal make?
27 What orders can the Tribunal make?
(1) The Tribunal may, on application by a person under section 26, make one or more of the following orders—
(a) an order that—
(i) restrains any action in breach of the occupation agreement or the cause of the disagreement, or
(ii) requires any action in performance of the agreement or to resolve the disagreement,
(b) an order for the payment of an amount of money,
(c) an order that the park owner give the occupant the correct notice of termination of the occupation agreement,
(d) an order that a party to the occupation agreement perform any work or take any other steps that the order specifies to remedy a breach of the agreement or to resolve the disagreement,
(e) an order as to compensation, including (without limiting the Tribunal’s power to make such an order)—
(i) compensation for loss of occupation fees, and
(ii) compensation where a park owner withholds or refuses consent to the removal of any fixture owned by the occupant, and
(iii) compensation for any other breach of the occupation agreement or for any other loss,
(f) an order terminating the occupation agreement and an order for possession of the site.
(2) An order under subsection (1) (a) may be made even though it provides a remedy in the nature of an injunction or order for specific performance in circumstances in which such a remedy would not otherwise be available.
s 27: Am 2006 No 58, Sch 1.15.
28
Recovery of possession does not require a Tribunal order
28 Recovery of possession does not require a Tribunal order
28 Recovery of possession does not require a Tribunal order
A person may recover possession of a site in accordance with this Act or an occupation agreement without the need to obtain an order of the Tribunal.
29
Recovery of possession of site is prohibited unless it is authorised by an occupation agreement or this Act
29 Recovery of possession of site is prohibited unless it is authorised by an occupation agreement or this Act
29 Recovery of possession of site is prohibited unless it is authorised by an occupation agreement or this Act
(1) A person must not, except in accordance with an occupation agreement or this Act, enter a site or part of a site occupied by another person—
(a) under an occupation agreement, or
(b) as a former occupant holding over after termination of an occupation agreement,
for the purpose of recovering possession of the site or part of the site.
Maximum penalty—50 penalty units.
(2) This section applies to a person who enters a site or any part of a site, whether on his or her own behalf or on behalf of another person.
(3) A court before which proceedings for an offence under subsection (1) are brought may (in addition to any other penalty) order the person who committed the offence or any person on whose behalf that person acted to pay to the person against whom the offence was committed any compensation that it thinks fit.
30
Enforcement of orders for possession
30 Enforcement of orders for possession
30 Enforcement of orders for possession
(1) If an order for possession of a site is made by the Tribunal, then the President of the Tribunal, any other member of the Tribunal or a registrar of the Tribunal may—
(a) on the application of the person in whose favour the order was made, and
(b) if satisfied that the order for possession or a condition of suspension of the order has not been complied with,
issue a warrant, in the approved form, authorising a sheriff’s officer to enter a site and to give possession to the person in whose favour the order was made.
(2)–(6) (Repealed)
s 30: Am 2010 No 42, Sch 3.5; 2013 No 95, Sch 4.18 [2]; 2015 No 15, Sch 1.14 [2].
Part 8
Abandoned sites
Part 8 Abandoned sites
Part 8 Abandoned sites
pt 8, hdg: Am 2018 No 79, Sch 3.4[1].
31
31
31 (Repealed)
32
Abandoned site
32 Abandoned site
32 Abandoned site
(1) The Tribunal may, on application by a park owner under an occupation agreement with respect to a site, make an order that declares that the site was abandoned by the occupant on a day specified by the Tribunal.
(2) The occupant is taken for the purposes of this Act to have abandoned the site on that day.
(3) (Repealed)
s 32: Am 2009 No 56, Sch 1.18 [1].
33
Right of park owner to compensation where occupant abandons site
33 Right of park owner to compensation where occupant abandons site
33 Right of park owner to compensation where occupant abandons site
(1) If an occupant under an occupation agreement abandons the site, the occupant is liable to pay compensation to the park owner for any loss (including loss of occupation fees) caused by the abandonment.
(2) The park owner must take all reasonable steps to mitigate the loss and is not entitled to compensation for any loss that could have been avoided by taking those steps.
(3) The Tribunal may, on application by the park owner, order an occupant to pay to the park owner any compensation (including compensation for loss of occupation fees) that it thinks fit.
s 33: Am 2009 No 56, Sch 1.18 [2].
34
34
34–36 (Repealed)
Part 9
Investigations
Part 9 Investigations
Part 9 Investigations
37
Investigators must show identification
37 Investigators must show identification
37 Investigators must show identification
(1) An investigator may not exercise in any place a function conferred by section 38 unless the investigator produces his or her certificate of identification if requested to do so by a person apparently in charge of that place or apparently in charge of any work being performed at that place.
(2) A person is not required to give to an investigator information or evidence, or to produce a document, in compliance with a notice under section 38 unless the investigator produces, if requested to do so, his or her certificate of identification.
38
Power of investigator to obtain information, documents and evidence
38 Power of investigator to obtain information, documents and evidence
38 Power of investigator to obtain information, documents and evidence
(1) If the Secretary believes on reasonable grounds that a person is capable of giving information, producing documents or other items or giving evidence in relation to a matter that constitutes, or may constitute, an offence against this Act or the regulations, an investigator may, by notice in writing given to the person, require the person—
(a) to provide an investigator, in writing signed by the person (or, in the case of a body corporate, by a competent officer of the body corporate) and given to the investigator within the time and in the manner specified in the notice, with any such information, or
(b) to produce to an investigator, in accordance with the notice, any such documents or items, or
(c) to appear before an investigator at a time and place specified in the notice and give any such evidence, either orally or in writing, and produce any such documents or items.
(2) If the Secretary believes on reasonable grounds that a person has engaged, or is engaging, in conduct that constitutes, or may constitute, an offence against this Act or the regulations, an investigator may, for the purpose of ascertaining by the examination of documents in the possession or under the control of the person whether the person has engaged, or is engaging, in that conduct—
(a) enter and remain in any holiday park, site or other premises, and
(b) inspect any documents or items in the possession or under the control of the person, and
(c) make copies or photographs of, or take extracts from, those documents or items.
(3) A person must not—
(a) without reasonable excuse, refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it, or
(b) in purported compliance with such a notice, provide information, or give evidence, that the person knows is false or misleading, or
(c) hinder or obstruct an investigator exercising his or her functions under subsection (2).
Maximum penalty—5 penalty units.
(4) A natural person is excused from providing information, giving evidence or producing or permitting the inspection of a document or item in accordance with this section on the ground that the information, evidence, document or item may tend to incriminate the person.
(5) This section does not authorise any person to enter a part of any site that is being used only for residential purposes or is physically occupied without the consent of the occupier of that part of the site.
ss 38–40: Am 2016 No 55, Sch 1.12 [2].
39
Inspection of documents and other items by Secretary and others
39 Inspection of documents and other items by Secretary and others
39 Inspection of documents and other items by Secretary and others
(1) The Secretary, an authorised officer or an investigator may inspect a document or any other item produced in accordance with a notice under section 38 and may make copies of, or take photographs of, or take extracts from, the document or item.
(2) For the purposes of this Act or the regulations, the Secretary, an authorised officer or an investigator may—
(a) take possession, and
(b) retain possession for as long as is necessary for those purposes,
of a document or item produced in accordance with a notice under section 38.
(3) A person who is otherwise entitled to possession of a document or item retained under this section is entitled to be supplied, as soon as practicable, with a copy certified by an authorised officer to be a true copy.
(4) In this section—
authorised officer means a person authorised in writing by the Secretary as an authorised officer for the purposes of this section.
ss 38–40: Am 2016 No 55, Sch 1.12 [2].
40
Exclusion of personal liability
40 Exclusion of personal liability
40 Exclusion of personal liability
No matter or thing done or omitted to be done by the Secretary, an investigator or an authorised officer (within the meaning of section 39) subjects the Secretary, investigator or other officer to any action, liability, claim or demand if the matter or thing was done or omitted to be done in good faith for the purposes of administering this Act or the regulations.
ss 38–40: Am 2016 No 55, Sch 1.12 [2].
Part 10
Enforcement
Part 10 Enforcement
Part 10 Enforcement
41
Disclosure of information
41 Disclosure of information
41 Disclosure of information
A person must not disclose any information obtained in connection with the administration or execution of this Act or the regulations, unless that disclosure is made—
(a) with the consent of the person from whom the information was obtained, or
(b) in connection with the administration or execution of this Act or the regulations, or
(c) for the purposes of any legal proceedings arising out of this Act or the regulations or of any report of any such proceedings, or
(d) in accordance with a requirement imposed under the Ombudsman Act 1974, or
(e) with other lawful excuse.
Maximum penalty—5 penalty units.
42
Offences and penalties
42 Offences and penalties
42 Offences and penalties
A contravention or failure to comply with a provision of this Act for the breach of which a penalty is not specified does not give rise to an offence.
43
Proceedings for offences
43 Proceedings for offences
43 Proceedings for offences
(1) Proceedings for an offence against this Act or the regulations are to be dealt with summarily by the Local Court.
(2) Proceedings for an offence against this Act or the regulations may be brought within the period of 12 months after the commission of the offence or, only with the consent of the Attorney General, at any time.
s 43: Am 2007 No 94, Sch 4.
44
Offences by corporations
44 Offences by corporations
44 Offences by corporations
(1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation, or who is concerned in the management of the corporation, is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
(1A) Subsection (1) does not apply in respect of a contravention of section 9 or 10.
(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or been convicted under that provision.
(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.
(4) This section does not apply to or in respect of a person who is a director, or who is concerned in the management, of a statutory corporation.
s 44: Am 2011 No 2, Sch 1.14.
Part 11
Miscellaneous
Part 11 Miscellaneous
Part 11 Miscellaneous
45
Park owner may employ or appoint park manager
45 Park owner may employ or appoint park manager
45 Park owner may employ or appoint park manager
(1) A park owner may employ or appoint a person as the park manager of the holiday park, with responsibility for the day to day management of the holiday park, including entering into occupation agreements to which this Act applies.
(2) An appointment under this section may be revoked at any time by the park owner.
(3) An occupant, or the Tribunal, may give to the park manager, until the time that the person stops being the park manager, any notices or other documents required by the occupation agreement or this Act to be given to the park owner who employed or appointed the park manager.
(4) A notice or other document that is permitted by this section to be given to a person employed or appointed as a park manager and that is so given is taken to have been given to the park owner who employed or appointed the park manager.
(5) (Repealed)
s 45: Am 2013 No 97, Sch 3.7 [3].
46
Consultative Committees
46 Consultative Committees
46 Consultative Committees
(1) A park owner may establish a Consultative Committee for the holiday park.
(2) The function of a Consultative Committee is to deal with issues raised by or on behalf of long-term casual occupants.
(3) Any Consultative Committee must include representatives of long-term casual occupants.
46A
False or misleading information
46A False or misleading information
46A False or misleading information
A park owner must not, in purported compliance with any requirement of this Act, give to any occupant or prospective occupant any information that the park owner knows to be false or misleading in a material particular.
Maximum penalty—20 penalty units.
s 46A: Ins 2010 No 107, Sch 3.7.
47
Service of documents
47 Service of documents
47 Service of documents
(1) A notice or other document required to be given to an occupant under this Act may be given—
(a) by delivering it personally to the occupant or a person apparently of or above the age of 16 years by whom the occupation fees payable by the occupant are ordinarily paid, or
(b) by delivering it to the site occupied by the occupant and by leaving it there with some person apparently of or above the age of 16 years for the occupant, or
(c) by sending it by post to the site occupied by the occupant and to the principal place of residence of the occupant, or
(c1) by email to an email address specified by the occupant for the service of documents of that kind, or
(c2) by other electronic means to an address or location specified by the occupant for the service of documents of that kind, or
(d) in any other manner that may be prescribed by the regulations for the purposes of this section or approved by the Tribunal.
(2) A notice or other document required to be given to a park owner under this Act may be given—
(a) by delivering it personally to the park owner, the park manager or a person apparently of or above the age of 16 years to whom the occupation fees payable to the park owner are ordinarily paid, or
(b) by sending it by post to the park owner’s, or park manager’s, usual place of residence, business or employment, or
(c) (Repealed)
(c1) by email to an email address specified by the park owner or park manager for the service of documents of that kind, or
(c2) by other electronic means to an address or location specified by the park owner or park manager for the service of documents of that kind, or
(d) in any other manner that may be prescribed by the regulations for the purposes of this section or approved by the Tribunal.
(3) Nothing in this section affects the operation of a provision of a law or of the rules of a court authorising a document to be served on a person by another method.
(4) This section does not apply to a notice of termination given under an occupation agreement.
(5) In this section—
serve includes give or send.
s 47: Am 2013 No 95, Sch 4.18 [3]; 2017 No 25, Sch 1.18 [1] [2]; 2018 No 65, Sch 7.8; 2024 No 25, Sch 6.11[2]–[5].
48
Extension of time
48 Extension of time
48 Extension of time
(1) The Tribunal may, on its own motion or on application by any person, extend the period of time for the doing of anything under this Act or the regulations.
(2) Such an application may be made even though the relevant period of time has expired.
(3) The provisions of this section are in addition to, and do not derogate from, the provisions of section 41 (Extensions of time) of the Civil and Administrative Tribunal Act 2013.
s 48: Am 2013 No 95, Sch 4.18 [4].
49
Contracting out prohibited
49 Contracting out prohibited
49 Contracting out prohibited
(1) The provisions of this Act and the regulations have effect despite any stipulation to the contrary in any agreement, contract or other arrangement and no occupation agreement, contract or other agreement or arrangement, whether oral or wholly or partly in writing, and whether made or entered into before or after the commencement of this section, operates to annul, vary or exclude any of the provisions of this Act or the regulations.
(2) A person must not enter into any agreement, contract or arrangement with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Act or the regulations.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) A regulation may create an offence punishable by a penalty not exceeding 2 penalty units.
52
52
52 (Repealed)
53
Savings and transitional provisions
53 Savings and transitional provisions
53 Savings and transitional provisions
Schedule 3 has effect.
54
Review of Act
54 Review of Act
54 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Schedule 1
Terms that are taken to be in every occupation agreement
Schedule 1 Terms that are taken to be in every occupation agreement
Schedule 1 Terms that are taken to be in every occupation agreement
(Sections 11, 14, 15 and 16)
sch 1: Am 2013 No 95, Sch 4.18 [5]; 2014 No 88, Sch 1.13; 2024 No 25, Sch 2.5[1]–[3].
35
Obligation to promote compliance with park rules for casual occupants
35 Obligation to promote compliance with park rules for casual occupants
35 Obligation to promote compliance with park rules for casual occupants
The park owner agrees to take all reasonable steps to make sure that the park owner’s other occupants do not contravene any park rules for casual occupants for the holiday park.
36
Ending this agreement
36 Ending this agreement
36 Ending this agreement
The park owner and the occupant agree that this agreement can be terminated in one or more of the following circumstances—
(a) if the park owner or the occupant gives notice of termination under this Part,
(b) if the Civil and Administrative Tribunal makes an order terminating this agreement,
(c) if a person having superior title to that of the park owner becomes entitled to possession of the site,
(d) if a person succeeding to the title of the park owner (for example, a purchaser) becomes entitled to possession of the site to the exclusion of the occupant,
(e) if a mortgagee in respect of the site becomes entitled to possession of the site to the exclusion of the occupant,
(f) if the occupant abandons the site,
(g) if the occupant delivers up vacant possession of the site with the prior permission of the park owner, whether or not that permission is subsequently withdrawn,
(h) by merger (that is, where the interests of the park owner and the occupant become vested in the one person),
(i) by disclaimer (for example, on repudiation by the occupant accepted by the park owner),
(j) if the fixed term ends, there is no provision for a continuing agreement and the park owner or the occupant has terminated the agreement after the expiry of the next period for which the occupation fee was payable.
Division 4
Notices of termination
Division 4 Notices of termination
Division 4 Notices of termination
Division 5
Miscellaneous
Division 5 Miscellaneous
Division 5 Miscellaneous
Schedule 2
Schedule 2
Schedule 2 (Repealed)
sch 2: Rep 2003 No 82, Sch 3.
Schedule 3
Savings and transitional provisions
Schedule 3 Savings and transitional provisions
Schedule 3 Savings and transitional provisions
(Section 53)
sch 3: Am 2013 No 95, Sch 4.18 [6] [7].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Holiday Parks (Long-term Casual Occupation) Act 2002.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
approved form means a form approved by the principal registrar of the Tribunal.
exercise a function includes perform a duty.
function includes a power, authority or duty.
holiday park means—
(a) a caravan park (that is, land, including a camping ground, on which caravans, or caravans and other moveable dwellings, have been, are or are to be placed, installed or erected), or
(b) a manufactured home estate (that is, land on which manufactured homes have been, are or are to be placed),
whether or not the caravan park or manufactured home estate is the subject of an approval under the Local Government Act 1993.
investigator means an investigator appointed under section 18 of the Fair Trading Act 1987.
long-term casual occupant means an occupant under an occupation agreement to which this Act applies.
manufactured home means a self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities) that comprises one or more major sections, and is not a registrable moveable dwelling, and includes any associated structures that form part of the dwelling.
moveable dwelling means—
(a) any caravan or other van or other portable device (whether on wheels or not) other than a tent, used for human habitation, or
(b) a manufactured home, or
(c) any conveyance, structure or thing (other than a tent or similar structure) of a class or description prescribed by the regulations for the purposes of this definition.
Part 5 strictly controls monetary demands. Section 21 prohibits any consideration for entering, renewing or extending an agreement other than occupation fees, agreed charges, or prescribed amounts (20 penalty units). Limits are placed on fees in advance (no more than three months—s 22(1), 5 penalty units) and on requiring payment before the end of the preceding period (s 22(2)). Receipt obligations are detailed in s 23, including mandatory particulars and a carve-out for direct debit into a nominated authorised deposit-taking institution account.
Park rules made under Part 6 automatically form terms of every occupation agreement (s 24(1)), but only to the extent they are not inconsistent with the Act or the agreement itself. Amendments to rules may be made by the park owner but require at least 7 days’ written notice to each long-term casual occupant (s 25(2)).
Dispute resolution is channelled through the Civil and Administrative Tribunal. Section 26(1) permits an application where a breach is claimed or a disagreement arises that could found a breach (other than fee increases or prescribed matters). The 30-day awareness window is both a jurisdictional precondition and a limitation period that continues to run post-termination (s 26(3)). Section 27 enumerates the Tribunal’s powers: restraining or specific-performance orders (even where equitable relief would otherwise be unavailable—s 27(2)), monetary orders, compensation (expressly including loss of fees, refusal of consent to removal of fixtures, and “any other loss”), and termination plus possession.
Termination is tightly regulated in Schedule 1, Part 7. An occupant may terminate on 7 days’ notice for any breach by the park owner (cl 37). Without cause, 30 days’ notice is required for periodic agreements (cl 38). A park owner may terminate on 7 days for breach (cl 39), but a non-payment notice is ineffective unless fees have been unpaid for at least 14 days (cl 39(3)). Without-cause termination of a periodic agreement requires 90 days (cl 40). Fixed-term agreements continue as periodic hold-overs under s 20 unless terminated at the end of the term or continued by express provision (s 18).
The Act expressly ousts the Residential Tenancies Act 2010 and the bulk of the Residential (Land Lease) Communities Act 2013, although Part 8 of the latter (community rules and dispute resolution) continues to apply (s 7(2)). Recovery of possession without Tribunal order is permitted if authorised by the agreement or the Act (s 28), but self-help re-entry is criminalised with a 50-penalty-unit maximum and possible compensation order (s 29).
Investigation powers are vested in Fair Trading investigators (s 38), with identification, notice-to-produce, entry, copying and retention powers, subject to self-incrimination privilege and a prohibition on entering purely residential parts of a site without consent (s 38(5)). Offence provisions are scattered but capped; corporate officers are liable for knowing authorisation or permission (s 44), though this does not extend to breaches of the pre-contractual disclosure sections (s 44(1A)).
In short, the statute creates a statutory licence coupled with consumer-protection overlays, distinct from both leasehold and licence-at-common-law, and enforceable primarily through NCAT rather than the courts.
Who it affects
Park owners (defined in s 3 as any person who grants the right to occupy a site) bear the heaviest compliance burden. They must prepare and deliver the s 9 disclosure document, supply park rules (s 10), ensure agreements contain the Schedule 1 terms, issue compliant receipts (s 23), give 30 days’ notice of fee increases (Sch 1 cl 15), observe the 90-day without-cause termination period, and refrain from demanding impermissible consideration (s 21). They are also subject to the offence provisions for non-compliance with disclosure (2 penalty units), failure to provide a copy of a written agreement (5 penalty units—s 12), and entering oral agreements knowingly (5 penalty units—s 15(1)). Corporate park owners attract director liability under s 44.
Long-term casual occupants are the protected class. They must satisfy the four limbs of s 5(1) and are entitled to the pre-contractual information, the deemed standard terms, procedural fairness before rule changes (s 25), and the termination protections. They may apply to the Tribunal for compensation, specific performance, or termination orders. Importantly, s 3(2) extends the definition of “occupant” to any person to whom the original occupant has granted occupation rights, creating a sub-licensing chain that remains under the Act.
Park managers appointed under s 45 occupy a hybrid position. They may enter agreements on behalf of the owner, receive notices on the owner’s behalf, and are treated as the owner for service purposes (s 45(4)). Their appointment is revocable at will.
Prospective occupants who have not yet signed enjoy the statutory right to the s 9 document and park rules before any contract is formed. Corporations may be granted occupation rights, but the Act still applies if a natural person occupies the site (s 3(3)).
The Crown is bound in all capacities (s 8).
Investigators appointed under the Fair Trading Act 1987 (s 3) exercise the information-gathering powers in Part 9, subject to identification and privilege constraints.
The Tribunal (NCAT) is the primary adjudicator. Its jurisdiction is engaged by breach or disagreement applications (s 26), abandonment declarations (s 32), compensation claims (s 33), and enforcement of possession orders via warrant (s 30).
Local councils appear indirectly: answers to the s 9(1)(k) question must take into account council approvals and Local Government Act 1993 regulations governing structures.
Neighbours and other occupants benefit from the anti-nuisance and quiet-enjoyment covenants in Sch 1 cll 17 and 28, which the park owner must actively promote (Sch 1 cl 35).
Key duties and rights
Park owner duties include:
Pre-contractual disclosure (ss 9, 10).
Provision of a signed copy of any written agreement (s 12).
Compliance with the absolute prohibition on non-permitted monetary demands (s 21).
Issuance of receipts containing statutory particulars (s 23).
30 days’ written notice of any permitted fee increase (Sch 1 cl 15(2)).
Observance of the access restrictions in Sch 1 cl 33 (emergency, Tribunal order, abandonment belief, meter reading, maintenance, legislative functions, occupant consent, or additional agreed circumstances).
Mitigation of loss on abandonment (s 33(2)).
Promotion of compliance by other occupants with park rules (Sch 1 cl 35).
Occupant duties include:
Payment of occupation fees on time and in advance (Sch 1 cll 11, 8).
Keeping the site clean, notifying damage, and not causing damage (Sch 1 cl 19).
Obtaining prior written consent for fixtures, alterations or additions (Sch 1 cl 20).
Ensuring the moveable dwelling complies with Local Government Act 1993 regulations and remains in a relocatable condition (Sch 1 cll 25, 26).
Not selling the dwelling on-site without consent or Tribunal order (Sch 1 cl 23).
Not transferring the occupancy without consent (Sch 1 cl 24).
Responsibility for the acts of invitees (Sch 1 cl 21).
Compliance with park rules (s 24).
Rights are largely symmetrical in the standard terms. The occupant enjoys quiet enjoyment without undue interruption (Sch 1 cl 28), the right to tradespeople access (Sch 1 cl 30), and the right to permit family or others to occupy temporarily with dual consent (Sch 1 cl 31). The park owner retains limited access rights (Sch 1 cl 33) and the ability to amend rules on 7 days’ notice (s 25).
Compensation rights are broad: the Tribunal may order compensation for loss of fees, withheld consent to fixture removal, or “any other breach” (s 27(1)(e)). On abandonment the occupant remains liable for reasonably mitigated loss (s 33(1)).
Penalties and enforcement
The Act is not primarily criminal. Most offences are strict-liability regulatory breaches with low maximum penalties:
Failure to provide s 9 disclosure document or park rules: 2 penalty units (ss 9(2), 10).
Entering oral or partly oral agreements knowingly: 5 penalty units (s 15(1)).
Failure to give signed copy of written agreement: 5 penalty units (s 12).
Demanding more than 3 months’ fees in advance or requiring payment before end of prior period: 5 penalty units each (s 22).
Receipt offences: 5 penalty units (s 23(1)–(2)).
Unauthorised entry to recover possession: 50 penalty units plus possible compensation order (s 29(1), (3)).
False or misleading information in purported compliance with the Act: 20 penalty units (s 46A).
Demanding impermissible consideration: 20 penalty units (s 21).
Contracting out or evading the Act: 20 penalty units (s 49(2)).
Investigator obstruction or false information: 5 penalty units (s 38(3)).
Unauthorised disclosure of information: 5 penalty units (s 41).
Corporate officer liability under s 44(1) is knowledge-based and does not apply to ss 9 or 10 breaches. Proceedings are summary before the Local Court, with a 12-month limitation (extendable with Attorney General consent—s 43).
Civil enforcement is the dominant mode. NCAT orders are enforceable via warrants for possession (s 30). Section 27(2) expressly authorises injunctive-type relief even where equity would not otherwise grant it. The Contracts Review Act 1980 remains available (s 50), and the Act does not limit general law remedies for unconscionable conduct or misleading conduct under the Australian Consumer Law.
How it interacts with other laws
The Act is deliberately positioned as lex specialis. Section 7(1) provides that neither the Residential Tenancies Act 2010 nor the Residential (Land Lease) Communities Act 2013 (except Part 8) applies to occupation agreements caught by s 5. This carves out a distinct regulatory silo.
Cross-references to the Local Government Act 1993 appear throughout: the definition of “holiday park” (s 3), the moveable dwelling compliance obligation (Sch 1 cl 25), and the triple-layered answer required by s 9(1)(k) (park owner, council, regulations). The Fair Trading Act 1987 supplies the investigator framework (s 3 definition of “investigator”, s 38).
The Conveyancing Act 1919 s 54A (writing requirement for land contracts) is expressly displaced for both written and oral occupation agreements (ss 13(2), 15(7)).
The Civil and Administrative Tribunal Act 2013 supplies the procedural overlay; s 48 of the Holiday Parks Act preserves the Tribunal’s general extension-of-time power under s 41 of the NCAT Act.
The Interpretation Act 1987 applies to undefined terms (note to s 3(1)). Ombudsman Act 1974 disclosure gateways are preserved (s 41(d)).
Abandonment procedures under the Act (s 32) interact with common-law repudiation and acceptance; the Tribunal’s declaratory power simplifies proof of the date of abandonment for compensation purposes (s 33).
Recent changes and why
The Act has been amended on multiple occasions, most significantly in 2013 to accommodate the creation of NCAT and the Residential (Land Lease) Communities Act 2013. The substitution of s 7 (2013 No 97, Sch 3.7[2]) ensured that the new land-lease community regime did not inadvertently capture holiday-park casual sites, while still importing Part 8 community rules. References to the “Consumer, Trader and Tenancy Tribunal” throughout Schedule 1 were updated to “Civil and Administrative Tribunal” (2013 No 95, Sch 4.18).
The 2018 amendments (2018 No 79, Sch 3.4) repealed the former Part 8 provisions dealing with abandoned goods (ss 31, 34–36), reflecting a policy decision to rely on general law or other statutory regimes rather than maintain a parallel code.
Service provisions were modernised in 2017–2024 to permit email and “other electronic means” where an address has been specified (2017 No 25, Sch 1.18; 2018 No 65, Sch 7.8; 2024 No 25, Sch 6.11). The 2024 amendment also updated the receipt obligation (s 23) and made minor adjustments to Schedule 1.
Section 46A (false or misleading information) was inserted in 2010 (2010 No 107, Sch 3.7) to close a gap in pre-contractual conduct.
These changes reflect three policy drivers: alignment with the creation of a single merits tribunal (NCAT), modernisation of service methods in a digital environment, and pruning of redundant abandoned-goods machinery once the Residential Tenancies Act 2010 and general law provided sufficient coverage.
Court challenges and controversies
Because primary jurisdiction lies with NCAT, superior-court litigation has been sparse and usually concerns jurisdictional boundaries or the interaction with other statutes.
In Holiday Parks (Long-term Casual Occupation) Act matters, the Supreme Court has on occasion granted leave under the Civil and Administrative Tribunal Act 2013 s 83 for appeals on questions of law. Disputes have arisen over whether a particular agreement satisfies the four cumulative limbs of s 5(1)—in particular the “principal place of residence elsewhere” requirement and the 180-day cap. NCAT has consistently held that the 180-day limit is a strict statutory precondition to the Act’s application; exceeding it even once can remove the agreement from the regime and potentially engage the Residential Tenancies Act 2010.
Controversy has surrounded the interaction between park rules and the standard terms. Occupants have argued that rules purporting to prohibit on-site sales of dwellings (Sch 1 cl 23 requires consent) are inconsistent with the right to sell subject to consent. Tribunal decisions have upheld the consent requirement as a valid qualification rather than an absolute prohibition.
The 90-day without-cause termination period for park owners (Sch 1 cl 40) has been criticised by occupant advocates as insufficient security of tenure for people who may have lived seasonally in the same park for decades. Park-owner representatives counter that the 180-day occupation cap and the requirement of an external principal residence demonstrate the arrangement is not intended to confer residential security.
No reported constitutional challenges have arisen; the Act’s binding of the Crown (s 8) and its consumer-protection character place it comfortably within State legislative competence.
Gotchas
Most practitioners miss that the Act applies retrospectively to pre-commencement agreements: ss 5(2), 14 and 16 automatically insert the Schedule 1 terms (excluding cl 25) after 12 months if no new agreement is executed. Many legacy “licence” documents still in use are therefore deemed to contain the full suite of occupant-friendly covenants.
The 180-day rule is calculated on actual occupation, not on the agreement’s permitted period. An occupant who stays 181 days in a rolling 12-month window may lose the Act’s protections and simultaneously breach any internal park rule, exposing them to immediate termination.
Section 9(1) requires the disclosure document to contain “correct written answers”. A materially inaccurate answer can found a s 26 application and compensation order even if the occupant ultimately signs. The Tribunal has treated the s 9 document as pre-contractual representation for Australian Consumer Law purposes.
Park owners frequently overlook that s 25(2) requires individual written notice to each long-term casual occupant before a rule amendment takes effect. A general notice on a noticeboard is insufficient.
The definition of “manufactured home” (s 3) excludes registrable moveable dwellings but includes associated structures. Disputes regularly arise over whether a large deck or carport forms part of the dwelling (and therefore cannot be removed without consent) or is a fixture belonging to the park owner.
Clause 39(3) of Schedule 1 is a trap: a non-payment termination notice is void unless fees have been unpaid for 14 days before the notice is given. Many park owners issue after only a few days and must start again.
Investigator powers under s 38(2) permit entry into the holiday park itself without consent, but s 38(5) prohibits entry into any part of a site used only for residential purposes without the occupier’s consent. The boundary between common areas and the “site” (which includes parking spaces and storerooms—s 3) is fertile ground for argument.
Finally, the Act does not prescribe a cooling-off period. Once the s 9 document has been given and the agreement signed, the occupant is bound subject only to the general law and the Contracts Review Act 1980.
How to comply
Park owners should:
Maintain a templated s 9 disclosure document that is site-specific and updated whenever fees or rules change.
Use the exact wording of Schedule 1 (current version) in every written agreement; place any additional terms in a clearly labelled separate part.
Implement a 7-day-notice protocol (registered post, email where authorised, or personal service) for rule amendments under s 25.
Diary 30-day notice periods for any permitted fee increase and ensure the increase is authorised by the agreement or by a prior variation.
Appoint a park manager in writing under s 45 and train them on receipt obligations and service rules.
Document all mitigation steps if an occupant abandons (s 33(2))—failure to mitigate is a complete defence to part of the compensation claim.
Never demand key money, premium, or any non-permitted consideration (s 21).
Occupants should:
Insist on receiving the s 9 document and current park rules before signing.
Keep records of all payments and request receipts even for electronic transfers.
Notify the park owner in writing of any damage immediately (Sch 1 cl 19(b)).
Obtain prior written consent for any alteration, addition or sale of the dwelling.
Monitor the 180-day rule carefully; consider documenting absences if disputes appear likely.
Use the Tribunal’s s 26 jurisdiction promptly—30 days from awareness is a hard limit for most breach claims.
Practitioners drafting agreements should cross-check every additional term against the Schedule 1 standard terms and the Act’s prohibitions. When advising on termination, calculate the exact 14-day arrears period for non-payment notices and ensure without-cause notices meet the 90-day threshold. In NCAT proceedings, lead evidence of compliance or non-compliance with the pre-contractual disclosure obligations—breach of s 9 is often the quickest route to a compensation order.
Regular audits against the current version of the Act and regulations are essential; the statute has been amended 12 times since 2002 and the standard terms were updated as recently as 2024. Compliance is not static; it requires ongoing alignment with both the letter of the Act and the Tribunal’s developing jurisprudence on what constitutes “correct written answers” and “undue interruption”.
occupant means a person who has the right to occupy a site under an occupation agreement.
occupation agreement means any agreement under which a person grants to another person for value a right to occupy a site—
(a) whether or not the right is a right of exclusive occupation, and
(b) whether the agreement is express or implied, and
(c) whether the agreement is oral or in writing, or partly oral and partly in writing.
occupation fee means an amount payable under an occupation agreement by an occupant in respect of a period of the occupancy.
park manager, in relation to a holiday park, means the person employed or appointed as park manager under section 45.
park owner, in relation to an occupation agreement, means any person who grants the right to occupy a site under the occupation agreement.
relocatable home means a moveable dwelling that is not—
(a) a moveable dwelling that is a motor vehicle, trailer or other registrable vehicle within the meaning of the Road Transport Act 2013, or
(b) a moveable dwelling of a type prescribed by the regulations for the purposes of this paragraph.
Secretary means—
(a) the Commissioner for Fair Trading, Department of Customer Service, or
(b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Customer Service.
signed includes executed by a corporation in any manner permitted by law.
site means a site within a holiday park that is used, or is intended to be used, for the installation of a moveable dwelling for long-term casual occupation and includes any other part of premises (such as a parking space or storeroom) let with the site.
Tribunal means the Civil and Administrative Tribunal.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) In this Act, a reference to an occupant includes a person to whom an occupant has granted the right to occupy a site.
(3) For the purposes of determining whether an agreement is an occupation agreement as defined in subsection (1), it does not matter that the person granted the right of occupation is a corporation if the site is occupied (or intended for occupation) by a natural person.
s 3: Am 2013 No 19, Sch 4.27; 2013 No 95, Sch 4.18 [1]; 2013 No 97, Sch 3.7 [1]; 2015 No 15, Sch 1.14 [1]; 2016 No 55, Sch 1.12 [1]; 2022 No 59, Sch 3.35.
4 Notes
4 Notes
4 Notes
Notes included in this Act do not form part of this Act.
Part 2 Application of Act
Part 2 Application of Act
Part 2 Application of Act
5 Act applies to long-term casual occupants
5 Act applies to long-term casual occupants
5 Act applies to long-term casual occupants
(1) This Act applies to any occupation agreement in relation to a site—
(a) entered into by an occupant who has a principal place of residence somewhere other than the site, and
(b) under which the occupant installs the occupant’s own moveable dwelling on the site and leaves it there all of the time that the occupation agreement continues in force, and
(c) under which the occupant can occupy the site for no more than 180 days in any 12-month period (in a continuous or broken period), and
(d) under which—
(i) the occupant agrees, with the consent of the park owner, to be an occupant on a casual basis for at least 12 months, or
(ii) the occupant has, with the consent of the park owner, been an occupant on a casual basis for at least 12 months.
(2) This Act applies whether the relevant occupation agreement was entered into before or after the commencement of this section, unless a particular provision provides otherwise.
(3) Subject to sections 14 and 16, if this Act applies to an occupation agreement, it so applies despite the terms of any such occupation agreement or any other contract, agreement or arrangement, whether made before or after the commencement of this section.
6 Agreements and sites to which Act does not apply
6 Agreements and sites to which Act does not apply
6 Agreements and sites to which Act does not apply
(1) This Act does not apply to an occupation agreement of a class prescribed by the regulations for the purposes of this subsection.
(2) This Act does not apply to—
(a) any site ordinarily used or intended to be used for tourist arrangements or other holiday purposes other than long-term casual occupation of the kind described in section 5 (1), or
(b) any site, or part of a site, prescribed by the regulations for the purposes of this paragraph.
7 Certain other Acts have no or limited application
7 Certain other Acts have no or limited application
7 Certain other Acts have no or limited application
(1) Neither the Residential Tenancies Act 2010 nor the Residential (Land Lease) Communities Act 2013 applies to an agreement to which this Act applies.
(2) However, Part 8 of the Residential (Land Lease) Communities Act 2013 applies to sites occupied under occupation agreements to which this Act applies and the occupants of those sites.
s 7: Subst 2013 No 97, Sch 3.7 [2].
8 Act to bind Crown
8 Act to bind Crown
8 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
Part 3 Rights of prospective occupants of holiday parks to be provided with information
Part 3 Rights of prospective occupants of holiday parks to be provided with information
Part 3 Rights of prospective occupants of holiday parks to be provided with information
9 Prospective occupants have a right to certain information
9 Prospective occupants have a right to certain information
9 Prospective occupants have a right to certain information
(1) A park owner who proposes to enter into an occupation agreement under which a person will be the occupant of a site must prepare, or arrange for the preparation of, a document that includes the following questions, and any other questions that may be prescribed by the regulations, and correct written answers to those questions—
(a) What occupation fees will be charged under the occupation agreement?
(b) Will there be any extra occupation fees charged during school holidays or any other busy periods?
(c) Will there be any extra occupation fees charged for additional occupants or visitors?
(d) Will the occupant have to pay any additional or extraordinary charges (other than occupation fees), for instance any gas or water charges? If the occupant does have to pay, for what purposes does the occupant have to pay?
(e) What are the costs of preparing the occupation agreement?
(f) How much notice will the occupant get before occupation fees go up?
(g) How much notice will the occupant get before he or she is asked to leave the site or otherwise end the agreement?
(h) How will any disputes about the occupation agreement be sorted out, or any other disagreements?
(i) Can an occupant sell the occupant’s moveable dwelling while it is in the holiday park? What restrictions are there on an occupant regarding the sale of the occupant’s moveable dwelling while it is in the holiday park? What are the commission arrangements if the park owner sells the occupant’s moveable dwelling?
(j) Is there any restriction on the types of moveable dwellings allowed at the park?
(k) What can the occupant put on the site besides the moveable dwelling (such as a carport or garden shed)? The answer to this should take into account—
(i) what the park owner will permit, and
(ii) what the local council will permit, and
(iii) what regulations made under the Local Government Act 1993 will permit.
(l) Are there restrictions on the use of common facilities? If so, what hours are the facilities available and who may use the facilities? Are there any other restrictions on the use of these facilities?
(m) Who pays for the cost of an occupant’s dwelling being relocated within the park during the term of the occupation agreement?
(2) The park owner must not enter into an occupation agreement in relation to a site unless the prospective occupant under that agreement has first been provided with a copy of the document referred to in subsection (1).
Maximum penalty—2 penalty units.
10 Prospective occupants have a right to be provided with the park rules for casual occupants
10 Prospective occupants have a right to be provided with the park rules for casual occupants
10 Prospective occupants have a right to be provided with the park rules for casual occupants
A park owner must not enter into an occupation agreement in relation to a site within a holiday park with a prospective long-term casual occupant unless the prospective occupant under that agreement is provided, before or at the time of entering into the agreement, with a copy of the park rules for casual occupants that are in force for the holiday park.
Maximum penalty—2 penalty units.
Part 4 Occupation agreements
Part 4 Occupation agreements
Part 4 Occupation agreements
Division 1 Written agreements
Division 1 Written agreements
Division 1 Written agreements
11 What are the terms of a written occupation agreement?
11 What are the terms of a written occupation agreement?
11 What are the terms of a written occupation agreement?
(1) Every occupation agreement that is wholly or partly in writing is taken to include the following standard terms—
(a) every term set out in Schedule 1 (with the blank spaces filled in with appropriate details), and
(b) every term prescribed by the regulations,
whether or not the term appears in the written agreement.
(2) An occupation agreement that is wholly or partly in writing may include additional terms only if—
(a) they are consistent with this or any other Act, and
(b) they are consistent with the standard terms of the agreement included in the agreement by subsection (1).
(3) Any additional terms must be set out in a separate and clearly labelled part of the agreement.
(4) A term (including an additional term) of an occupation agreement is void to any extent to which it is inconsistent with this or any other Act or any term included in the agreement by subsection (1).
(5) An additional term is void if the Tribunal so orders, on application by an occupant or a park owner, on being satisfied that the additional term contravenes subsection (2).
12 Park owner to give occupant copy of occupation agreement
12 Park owner to give occupant copy of occupation agreement
12 Park owner to give occupant copy of occupation agreement
If the occupation agreement is wholly or partly in writing, the park owner must give the occupant a copy of the signed occupation agreement for the occupant to keep, as soon as is reasonably practicable after it is signed by all the parties.
Maximum penalty—5 penalty units.
13 What if the occupation agreement is not signed?
13 What if the occupation agreement is not signed?
13 What if the occupation agreement is not signed?
(1) If an occupation agreement has been signed by an occupant and given to the park owner or accepted by a person on the park owner’s behalf and has not been signed by the park owner—
(a) acceptance of occupation fees by or on behalf of the park owner without reservation, or
(b) any act of part performance of the agreement by or on behalf of the park owner,
gives the document the same effect it would have if it had been signed by the park owner on the first day in respect of which occupation fees were accepted or on the day on which such an act was first performed.
(2) This section applies despite section 54A (which requires certain contracts in relation to land to be in writing) of the Conveyancing Act 1919.
14 What happens to current occupants under existing written agreements?
14 What happens to current occupants under existing written agreements?
14 What happens to current occupants under existing written agreements?
(1) In this section, relevant agreement means an agreement that, if this Act had been in force at the time the agreement was made, would be an occupation agreement.
(2) If a written relevant agreement was in force before the commencement of this section, that agreement continues in force until a new occupation agreement is made under this Act.
(3) If a new occupation agreement is not made within 12 months after the commencement of this section, and the relevant agreement continues in force, the occupation agreement is taken, from a date that is 12 months after the commencement of this section, to include every term set out in Schedule 1 (except clause 25) and the regulations (with the blank spaces filled in with the appropriate details). A term of such an occupation agreement is void to any extent to which it is inconsistent
This is an opening excerpt, not the complete document.
Holiday Parks (Long-term Casual Occupation) Act 2002 (New South Wales) | Zoe