Director to maintain register of residential parks
PART 3 – RESIDENTIAL PARK AGREEMENTS
Division 1 – General
Application of Part
Park owner to prepare residential park agreement
Park owner to provide copies of residential park agreement
Non-compliance not to affect validity or enforceability of
residential park agreement
Status of certain fixed-term residential park agreements
Division 2 – Form of residential park agreement
Residential park agreement to be in writing
2
15. Park rules form part of agreement in certain circumstances
16. Other information to be provided to residents
Division 3 – Statutory terms of residential park agreements
17. Terms form part of residential park agreement
18. Agreement is transferrable
19. Sale of dwelling on site
20. Vacant possession
21. Quiet enjoyment
22. Access to residential park
23. Owner to keep residential park clean and maintained
24. Maintenance of certain services
25. Resident to keep residential park clean and maintained
26. Charges in respect of rented property
27. Alterations to site by resident
28. Vacant possession does not apply in certain circumstances
29. Resident to comply with standard of conduct when within the
residential park
30. Owner has right of entry in certain circumstances
31. Vicarious liability of resident for guests
32. Rights of access on death of resident
Division 4 – Continuation or reissue of certain agreements
33. Interpretation of Division
34. Certain agreements continue as periodic tenancy agreements
35. Certain fixed agreements to be reissued
36. Certain agreements must be reviewed before being reissued
37. Review of agreements not required in certain circumstances
38. Park owner must comply with Division
Division 5 – Offences relating to residential park agreements
39. Park owner must provide certain information
40. False information from resident
41. Discrimination against residents with children
3
PART 4 – RIGHTS AND OBLIGATIONS OF PARK OWNERS AND
RESIDENTS
Division 1 – Rents and other charges
42. Certain payments for residential park agreement prohibited
43. Security deposit not to exceed certain amount
44. Security deposit may only be retained for certain reasons
45. Disbursement of security deposits after end of residential park
agreement
46. Party to agreement may appeal security deposit disbursement
47. Determination of disputes
48. Payment of rent generally
49. Payment periods for rent
50. Variations of rent
51. Temporary reductions of rent
52. Tribunal may declare increase in rent excessive
53. Park owner’s duty to keep proper records of rent
54. Duty to give receipt for rent
55. Property may not be taken for non-payment of rent
Division 2 – Obligations in relation to condition of residential parks
56. Resident not to cause damage to residential park intentionally
57. Restriction of access to rented property
58. Right to recover costs of repairs
Division 3 – Notices to leave residential park
59. Park owner may give person notice to leave for serious act of
violence
60. Effect of notice to leave
Division 4 – Miscellaneous
61. Residents committees
62. Duty of mitigation
4
PART 5 – TRANSACTIONS RELATING TO CERTAIN
AGREEMENTS
Division 1 – Sale of residential parks
63. Residential park agreement – acquisition of park or site
64. Change of park owner
Division 2 – Sale of dwelling installed on site subject to residential park
agreement
65. Sale of dwelling on site
66. Sale of dwelling following death of resident
67. Effect of Division
PART 6 – TERMINATION OF RESIDENTIAL PARK AGREEMENTS
Division 1 – Terminations generally
68. Application of Part
69. Termination of residential park agreements
70. Form of notice of termination
71. Effect of notice of termination
72. Resident to give forwarding address if agreement terminated
73. Tribunal approval required for termination in certain
circumstances
Division 2 – Termination by either party to agreement
74. Termination for breach of agreement
75. Termination if successive breaches of agreement
76. Termination at end of fixed term
77. Termination when agreement frustrated
Division 3 – Termination by park owner
78. Termination due to serious misconduct by resident
79. Termination of periodic tenancy agreement due to sale of rented
property
80. Termination due to change of use or redevelopment
Division 4 – Termination by resident
81. Termination where notice given under section 80
5
Division 5 – Termination by Tribunal
82. Termination on application by park owner
83. Termination on application by resident
84. Termination based on hardship of either party to agreement
Division 6 – Abandoned property
85. Interpretation
86. Offence to deal with abandoned property in unauthorised way
87. Action to deal with abandoned property other than personal
documents
88. Action to deal with abandoned personal documents
89. Actions to deal with valuable abandoned property
90. Action to deal with protected abandoned property
PART 7 – PARK RULES
91. Park rules
92. Amendment of park rules
93. Application to Tribunal if park rules are considered unreasonable
PART 8 – LEGAL PROCEEDINGS
Division 1 – Proceedings generally
94. Application of Part
95. Jurisdiction of Tribunal
96. Applications not affected by certain matters
97. Power to intervene
Division 2 – Powers of Tribunal
98. General powers of Tribunal to resolve disputes
99. Tribunal may make orders
100. Tribunal may rescind or vary unfair or unconscionable terms
101. Park owner may make urgent application to terminate residential
park agreement
Division 3 – Appeals to Tribunal
102. Resident may appeal refusal to transfer agreement
103. Party to agreement may appeal termination notice
6
104. Party to agreement may appeal termination of agreement
105. Party to agreement may appeal disbursement of security deposit
Division 4 – Repossession of rented property
106. Order for possession
107. Abandonment of rented property
108. Repossession of rented property
109. Forfeiture of head tenancy not to end agreement automatically
Division 5 – Enforcement of orders for possession
110. Enforcement of orders for possession
Division 6 – Retaliatory action by park owner
111. Retaliatory action by park owner
PART 9 – MISCELLANEOUS
112. Certain documents and terms void
113. Notice by park owner not waived by acceptance of rent
114. Park owner must have safety evacuation plan
115. Infringement notices
116. Effect of prosecution on civil liability
117. Regulations
118. Administration of Act
119. Consequential amendments
SCHEDULE 1 – TRANSITIONAL PROVISIONS
SCHEDULE 2 – CONSEQUENTIAL AMENDMENTS
[Bill 2] 7
RESIDENTIAL PARKS BILL 2026
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
LAURA ROSS, Clerk of the House
24 March 2026
(Brought in by the Minister for Justice, Corrections and
Rehabilitation, the Honourable Guy Barnett)
A BILL FOR
An Act to regulate residential parks and agreements
between park owners and residents in those parks and for
related purposes
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 – PRELIMINARY
Short title
This Act may be cited as the Residential Parks
Act 2026.
Commencement
This Act commences on a day to be proclaimed.
Residential Parks Act 2026
Act No. of 2026
s. 3 Part 1 – Preliminary
8
3. Interpretation
(1) In this Act, unless the contrary intention
appears –
abandoned property – see Division 6 of
Part 6;
approved form means a form approved by the
Director;
Commissioner has the same meaning as in the
Residential Tenancy Act 1997;
common area, in relation to a residential park,
means any facilities, building, road or
other area in the park provided for
common use by residents of the park;
Director has the same meaning as in the
Consumer Affairs Act 1988;
dwelling includes –
(a) a structure, whether fixed or
moveable, that is designed to be
used, and is capable of being
used, for human habitation; and
(b) a motor vehicle, or trailer, within
the meaning of the Vehicle and
Traffic Act 1999, that is designed
to be used and is capable of being
used for human habitation; and
(c) part of such a structure, motor
vehicle or trailer;
Residential Parks Act 2026
Act No. of 2026
Part 1 – Preliminary s. 3
9
forwarding address, in relation to a resident
of a residential park, means a postal
address for the resident after the resident
ceases to be a resident of the park;
notice of termination means a notice that
complies with the requirements of
section 70;
occupied site, in relation to a residential park,
means a site in the park in respect of
which a resident has a right of
occupation;
park owner, in relation to a residential park,
includes –
(a) the current owner or operator of
the residential park; and
(b) a successor in title to the
residential park (or rented
property) whose title is subject to
the interest of one or more
residents; and
(c) a former owner or operator of the
residential park;
park rules, in relation to a residential park,
means rules made by the park owner of
the park under section 91;
periodic tenancy agreement – see
section 13(2);
Residential Parks Act 2026
Act No. of 2026
s. 3 Part 1 – Preliminary
10
personal representative has the same meaning
as in the Administration and Probate Act
1935;
regulations means the regulations made under
this Act;
rent means an amount payable under a
residential park agreement for the right to
occupy the rented property for a period
under the agreement;
Rental Deposit Authority means the Rental
Deposit Authority established under
section 48K of the Residential Tenancy
Act 1997;
rented property, in relation to a residential
park agreement, means –
(a) the site in respect of which the
right of occupancy is granted
under the agreement; and
(b) in so far as the context of the
agreement permits, property
that –
(i) is owned by the park
owner; and
(ii) does not form part of the
site; and
(iii) is provided by the park
owner, either under the
agreement or
Residential Parks Act 2026
Act No. of 2026
Part 1 – Preliminary s. 3
11
independently of the
agreement, for use by the
resident;
resident, in relation to a residential park,
means a person who is granted a right of
occupancy under a residential park
agreement, or by the operation of this
Act, in respect of the residential park and
includes a former resident;
residential park means an area of land used or
intended to be used as a complex of lots
together with common areas such as, but
not limited to, bathrooms, toilets and
laundry facilities –
(a) in respect of which rights of
occupancy are conferred under
one or more residential park
agreements; and
(b) regardless of whether the area of
land includes –
(i) any structures or
dwellings; and
(ii) sites that are available for
hire other than under a
residential park
agreement;
residential park agreement includes –
(a) an agreement under which a park
owner grants another person, for
Residential Parks Act 2026
Act No. of 2026
s. 3 Part 1 – Preliminary
12
consideration, a right (which
may, but need not, be an
exclusive right) –
(i) to occupy a site in the
residential park; and
(ii) to occupy, install or locate
a dwelling on the site for
residential purposes; and
(b) an agreement that is collateral to
an agreement referred to in
paragraph (a);
residential park dispute means –
(a) a claim under a residential park
agreement; or
(b) a dispute between parties or
former parties to a residential
park agreement about matters
arising under the agreement or
this Act; or
(c) any matter that may be the
subject of an application under
this Act to the Tribunal;
residents committee, in relation to a
residential park, means a committee
established under section 61(1) in respect
of that park;
Secretary means the Secretary of the
Department;
Residential Parks Act 2026
Act No. of 2026
Part 1 – Preliminary s. 3
13
security deposit, in relation to a residential
park agreement, means an amount that a
resident is required to pay, under a
provision of the agreement, as security
for the performance of obligations under
the agreement or this Act;
site means a lot of a residential park to which
a residential park agreement relates;
statutory charges includes –
(a) rates within the meaning of Part 9
of the Local Government Act
1993; and
(b) land tax under the Land Tax Act
2000; and
(c) any other charges, levies or fees
prescribed for the purposes of this
definition;
Tribunal means the Tasmanian Civil and
Administrative Tribunal;
working day, in relation to a residential park,
means a day other than –
(a) a Saturday or Sunday; or
(b) a statutory holiday, within the
meaning of the Statutory
Holidays Act 2000, in the area in
which the residential park is
located.
Residential Parks Act 2026
Act No. of 2026
s. 4 Part 1 – Preliminary
14
(2) In this Act, a residential park agreement includes
an agreement granting a corporation a right in
respect of a site that is occupied, or intended to
be occupied, as a place of residence by a natural
person determined by the corporation.
(3) For the purposes of this Act, evidence that the
address of a residential park is the person’s
residential address on the electoral roll is to be
taken, in the absence of proof to the contrary, to
be proof that a site in the residential park is the
person’s principal place of residence.
4. Application of Act to certain agreements
(1) This Act applies to –
(a) an agreement that confers on a person a
right to occupy a site in a residential park
if –
(i) that site is, or is to be, the
person’s principal place of
residence; and
(ii) the agreement confers a right on
the person to occupy that site for
a term of 90 days or longer; and
(b) an agreement that is entered into for the
purpose of conferring on a person a right
to occupy a site in a residential park –
(i) for a fixed term of 90 days or
longer; or
Residential Parks Act 2026
Act No. of 2026
Part 1 – Preliminary s. 5
15
(ii) that, when read in connection
with any other agreement, confers
on the same person a right to
occupy the site for consecutive
fixed terms, the sum of which is
90 days or longer; and
(c) an agreement of a class of agreements
that is prescribed as a class of agreements
to which this Act applies.
(2) For the purposes of this Act, evidence that a
person has, under an agreement, occupied a site
in a residential park for 90 days or longer is to be
taken, in the absence of proof to the contrary, to
be proof that the agreement is an agreement to
which this Act applies.
(3) A calculation of how long a person has occupied
a site for the purposes of subsection (2) does not
include any period of occupation of the site by
the person –
(a) while the person does not have an
agreement in force in respect of the site;
and
(b) after the owner of the site has lawfully
taken actions to remove the person from
the site.
5. Non-application of Act to certain agreements
(1) This Act does not apply to –
Residential Parks Act 2026
Act No. of 2026
s. 5 Part 1 – Preliminary
16
(a) an agreement that is entered into for the
purpose of conferring on a person a right
to occupy a site, or dwelling, in a
residential park for a holiday; or
(b) an agreement that confers on a person a
right to periodically occupy a site, or
dwelling, in a residential park if the site
or dwelling is not, or is not to be, the
person’s principal place of residence; or
(c) a residential tenancy agreement within
the meaning of the Residential Tenancy
Act 1997; or
(d) an agreement giving a right of occupancy
in –
(i) a hotel or motel; or
(ii) an educational institution,
college, hospital or nursing home;
or
(iii) club premises; or
(iv) a home for aged or disabled
persons administered by an
eligible organisation under the
Aged or Disabled Persons Care
Act 1954 of the Commonwealth;
or
(v) a retirement village within the
meaning of the Retirement
Villages Act 2004; or
Residential Parks Act 2026
Act No. of 2026
Part 1 – Preliminary s. 6
17
(vi) prescribed premises or premises
of a prescribed class of premises;
or
(e) an agreement under which a person
boards or lodges with another person; or
(f) an agreement for the sale of land that
confers a right, on a party to the
agreement, to occupy the land; or
(g) a mortgage; or
(h) a prescribed agreement or an agreement
of a prescribed class of agreements.
(2) If there is a dispute as to whether or not this
section applies to an agreement, the Director is
to determine the dispute.
(3) For the purposes of this section, a term in an
agreement to the effect that a right is conferred
by the agreement to occupy a site in a residential
park for a holiday is not of itself sufficient
evidence that the agreement is not an agreement
to which this Act applies.
6. Application of Act
Unless the contrary intention appears, this Act is
in addition to, and does not derogate from, the
provisions of any other Act.