124Termination by operator for closure

#### 124 Termination by operator for closure 124 Termination by operator for closure > > (1) The operator of a community may give a termination notice on the ground that the community is to be closed and used by the operator or another person for a purpose other than a residential community. > > > (2) If use of the community for the new purpose requires development consent under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), the termination notice must not be given unless development consent for the proposed use has been obtained under that Act. > > > (3) The operator must give at least 7 days’ notice to the Commissioner before giving a termination notice on a ground referred to in this section. > > > > Maximum penalty—50 penalty units. > > > > Note. > > > > Giving this notice may assist with providing an assistance protocol for closure of a community. > > > (4) A failure to comply with subsection (3) does not invalidate a termination notice. > > > (5) The termination notice must not specify a date for vacating the residential site that is earlier than— > > > > > (a) 12 months after the day on which the notice is given, or > > > > > (b) in the case of an agreement for a fixed term, the day following the date on which the fixed term ends, > > > > whichever is the later. > > > (6) The home owner may, within 90 days after receiving a notice specifying a date for vacating the residential site, apply to the Tribunal for an order postponing the date. > > > (7) Unless the home owner advises the operator in writing that the operator’s assistance under this subsection is not required, the operator is, after giving the termination notice, required to use reasonable endeavours to obtain (or make available) for the home owner alternative accommodation that— > > > > > (a) is of approximately the same standard as, and requires no greater financial outlay on the part of the home owner than, the home owner’s current residential site, and > > > > > (b) is acceptable to the home owner or reasonably ought to be acceptable to the home owner. > > > (8) Without otherwise limiting the Tribunal’s powers to make a termination order in connection with the termination notice, the Tribunal is required to take into account the endeavours used by the operator to obtain (or make available) alternative accommodation for the home owner.