NSWIn ForceAct
Residential (Land Lease) Communities Act 2013
82Tribunal review of utility cost and reduction in site fees
Start here
Get a plain-English read of 82
Turn the raw legal text into a practical explanation grounded in Residential (Land Lease) Communities Act 2013.
#### 82 Tribunal review of utility cost and reduction in site fees
82 Tribunal review of utility cost and reduction in site fees
> > (1) This section applies if—
> >
> > > (a) the operator under a site agreement contravenes section 81(2), or
> >
> > > (b) the home owner under a site agreement who receives a utility cost notice under section 81(2) disputes the utility cost stated in the notice.
>
> > (2) The home owner under the site agreement mentioned in subsection (1)(a) may apply to the Tribunal for an order under subsection (4).
>
> > (3) The home owner mentioned in subsection (1)(b) may apply to the Tribunal, within 30 days after receiving the notice, for an order under subsection (4).
>
> > (4) On application by the home owner, the Tribunal may make any of the following orders—
> >
> > > (a) an order reducing the site fees payable under the agreement, from the change event day, by the amount the Tribunal considers appropriate,
> >
> > > (b) another order the Tribunal considers appropriate.
> > >
> > > Note.
> > >
> > > An example of an order under subsection (4)(b) is an order that the operator refund to the home owner any overpaid site fees from the change event day.
>
> > (5) In making an order under subsection (4), the Tribunal may have regard to the following—
> >
> > > (a) relevant available information about the costs of supplying utilities in the local government area in which the community is situated,
> >
> > > (b) any terms of the site agreement about utility costs,
> >
> > > (c) anything else the Tribunal considers relevant.