Residential Parks Act 2026
Act No. of 2026
Part 6 – Termination of Residential Park Agreements s. 81
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section does not apply to the residential park
agreement).
(8) Nothing in this section affects the power of a
park owner to terminate a periodic tenancy
agreement under another section of this Act.
Division 4 – Termination by resident
81. Termination where notice given under section 80
(1) If a park owner gives notice of termination to a
resident under section 80, the resident may, by
notice of termination given to the owner,
terminate the agreement, without specifying a
ground of termination, before the agreement is to
terminate under that section.
(2) The resident must give the park owner at least 21
days’ notice that the resident intends to terminate
the agreement.
Division 5 – Termination by Tribunal
82. Termination on application by park owner
The Tribunal may, on application by a park
owner, terminate a residential park agreement
and make an order for possession of the rented
property if satisfied that –
(a) the resident has committed a breach of
the agreement; and
(b) the breach is sufficiently serious to
justify termination of the agreement.
Residential Parks Act 2026
Act No. of 2026
s. 83 Part 6 – Termination of Residential Park Agreements
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83. Termination on application by resident
The Tribunal may, on application by a resident,
terminate a residential park agreement and make
an order for possession of the rented property if
satisfied that –
(a) the park owner has committed a breach
of the agreement; and
(b) the breach is sufficiently serious to
justify termination of the agreement.
84. Termination based on hardship of either party to
agreement
(1) If the continuation of a residential park
agreement would result in undue hardship for the
park owner or the resident, the Tribunal may, on
application by the park owner or the resident,
terminate the agreement from a date specified in
the Tribunal’s order and make an order for
possession of the rented property as from that
day.
(2) The Tribunal may also make an order
compensating a park owner or resident for loss
and inconvenience resulting, or likely to result,
from the early termination of the agreement.
(3) If the Tribunal makes an order under this section
for the termination of a residential park
agreement in respect of a site where a dwelling
is installed or located, the Tribunal may also
make one or more of the following orders:
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Act No. of 2026
Part 6 – Termination of Residential Park Agreements s. 85
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(a) an order regarding the sale, relocation or
disposal of the dwelling;
(b) an order regarding the disbursement of
sale proceeds from the sale of the
dwelling;
(c) an order requiring the relevant park
owner to permit the owner of the
dwelling to access the site for the
purpose of selling the dwelling in
accordance with the order.
Division 6 – Abandoned property
85. Interpretation
In this Division –
abandoned property means property that is
left on site by a resident after the
resident’s residential park agreement has
been terminated under this Act;
personal documents means official
documents, photographs, correspondence
or other documents that it would be
reasonable to expect a person might wish
to keep;
protected abandoned property, in relation to a
site, means the following abandoned
property if the Tribunal has made an
order for possession of the site:
(a) a dwelling installed or located on
the site;
Residential Parks Act 2026
Act No. of 2026
s. 86 Part 6 – Termination of Residential Park Agreements
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(b) an item of property of a value, or
kind, prescribed for the purposes
of section 90.
86. Offence to deal with abandoned property in
unauthorised way
A park owner must not deal with abandoned
property in the residential park otherwise than in
accordance with this Division.
Penalty: Fine not exceeding 100 penalty units.
87. Action to deal with abandoned property other than
personal documents
If a park owner becomes aware that there is
abandoned property in the residential park, other
than abandoned property that is personal
documents or protected abandoned property, the
park owner may, at any time after recovering
possession of the site –
(a) remove from the site and destroy or
dispose of abandoned property consisting
of perishable foodstuffs; and
(b) subject to this Division, remove from the
site and destroy or dispose of abandoned
property, other than perishable
foodstuffs, if the value of the property is
less than a fair estimate of the cost of
removal, storage and sale of the property.
Residential Parks Act 2026
Act No. of 2026
Part 6 – Termination of Residential Park Agreements s. 88
103
88. Action to deal with abandoned personal documents
(1) If a park owner becomes aware that abandoned
property in the residential park consists of
personal documents, the park owner must –
(a) as soon as practicable, give notice, in the
approved form, to the relevant resident if
the park owner has a forwarding address
for the resident; and
(b) take reasonable steps to keep the
documents safe for at least –
(i) if the personal documents are
protected abandoned property, 60
days; or
(ii) in any other case, 28 days.
(2) A park owner must not destroy abandoned
property that is personal documents until –
(a) if the personal documents are protected
abandoned property, at least 60 days after
the Tribunal made the order for
possession that has resulted in the
personal documents becoming protected
abandoned property; or
(b) in any other case within 28 days after the
park owner becomes aware that the
personal documents are abandoned
property.
Penalty: Fine not exceeding 100 penalty units.
Residential Parks Act 2026
Act No. of 2026
s. 89 Part 6 – Termination of Residential Park Agreements
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89. Actions to deal with valuable abandoned property
(1) In this section –
valuable abandoned property means
abandoned property that may not be dealt
with under section 88 or 87.
(2) If a park owner recovers possession of a site and
there is valuable abandoned property on the site,
the park owner must –
(a) as soon as practicable give notice, in the
approved form, of the valuable
abandoned property –
(i) to the relevant resident, if the
park owner has a forwarding
address for the resident; and
(ii) by publishing the notice in a
newspaper circulating generally
throughout the State, if the park
owner does not have a forwarding
address for the relevant resident;
and
(iii) to another person, if the park
owner knows or reasonably
suspects that the other person has
an interest in the property and the
other person’s name and address
are known to, or reasonably
ascertainable by, the park owner;
and
Residential Parks Act 2026
Act No. of 2026
Part 6 – Termination of Residential Park Agreements s. 89
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(b) take reasonable steps to keep the
valuable abandoned property safe until at
least –
(i) if the valuable abandoned
property is protected abandoned
property, 60 days after the
Tribunal made the order for
possession that has resulted in the
valuable abandoned property
becoming protected abandoned
property; or
(ii) in any other case, 28 days after
the park owner gave notice under
paragraph (a) in respect of the
valuable abandoned property.
(3) A person who is entitled to possession of
valuable abandoned property may claim the
property by paying to the park owner –
(a) the reasonable costs incurred by the park
owner in dealing with the valuable
abandoned property in accordance with
this Division; and
(b) any other reasonable costs incurred by
the park owner as a result of the valuable
abandoned property being left on the site.
(4) If valuable abandoned property is not claimed
within the period specified in subsection (2)(b)
in respect of the property, the park owner must,
as soon as practicable after the end of that
period, have the property sold by public auction.
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Act No. of 2026
s. 89 Part 6 – Termination of Residential Park Agreements
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(5) A park owner may use reasonable force –
(a) to gain entry to valuable abandoned
property; or
(b) to remove, or otherwise deal with,
valuable abandoned property as
reasonably necessary for –
(i) the park owner’s use of the site;
or
(ii) the sale of the property.
(6) If the park owner sells valuable abandoned
property by public auction in accordance with
subsection (4), the park owner –
(a) may retain out of the proceeds of sale –
(i) the reasonable costs incurred by
the park owner in dealing with
the property in accordance with
this Division; and
(ii) any other reasonable costs
incurred by the park owner as a
result of the property being left
on the site; and
(iii) any amounts owed to the park
owner under the residential park
agreement; and
(b) must pay any remaining proceeds from
the sale to –
(i) the owner of the property; or
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Act No. of 2026
Part 6 – Termination of Residential Park Agreements s. 90
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(ii) if the identity and address of the
owner are not known to, or
reasonably ascertainable by, the
park owner, to the Director.
(7) For the avoidance of doubt, if the park owner
sells valuable abandoned property by public
auction in accordance with subsection (4), the
purchaser of the property acquires a good title to
the property which defeats –
(a) the resident’s interest in the property; and
(b) the interest of any other person in the
property, unless the purchaser has actual
notice of the interest before purchasing
the property.
(8) If a dispute arises between a park owner and
resident about the exercise of powers conferred
by this section, the Tribunal may, on application
by either party to the dispute, make orders
resolving the matters in dispute.
90. Action to deal with protected abandoned property
(1) The park owner may not take any action to deal
with abandoned property of the following type
on a site unless the Tribunal has made an order
for possession of the site:
(a) a dwelling installed or located on a site in
the residential park;
Residential Parks Act 2026
Act No. of 2026
s. 90 Part 6 – Termination of Residential Park Agreements
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(b) an item of property of a value, or kind,
prescribed for the purposes of this
section.
(2) A park owner must take reasonable steps to keep
the abandoned property referred to in
subsection (1) safe on the site until the Tribunal
determines an application for an order for
possession of the site.
(3) If the Tribunal makes an order for possession of
a site where a dwelling is installed or located, the
Tribunal may also make one or more of the
following orders:
(a) an order regarding the sale, relocation or
disposal of the dwelling;
(b) an order regarding the disbursement of
sale proceeds from the sale of the
dwelling;
(c) an order requiring the relevant park
owner to permit the owner of the
dwelling to access the site for the
purpose of selling the dwelling in
accordance with the order.
(4) Section 89 does not apply to a dwelling, installed
or located on a site, to the extent that that section
is inconsistent with an order of the Tribunal
made in respect of the dwelling.
Residential Parks Act 2026
Act No. of 2026
Part 7 – Park Rules s. 91
109
PART 7 – PARK RULES
91. Park rules
(1) The park owner of a residential park may make
rules about the use, enjoyment, control and
management of the park.
(2) However, rules may be made only about any of
the following:
(a) the use of common areas and the
operation of facilities in those areas;
(b) the making and abatement of noise;
(c) the carrying on of sporting and other
recreational activities;
(d) the speed limits for motor vehicles;
(e) the parking of motor vehicles;
(f) the disposal of refuse;
(g) the keeping of pets;
(h) the maintenance standards for dwellings
installed or located in the residential park
by residents, if those standards relate to
the general amenity of the park;
(i) the landscaping and maintenance of sites;
(j) guests or visitors of residents;
(k) other things prescribed under a
regulation.
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Act No. of 2026
s. 92 Part 7 – Park Rules
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(3) In addition to subsection (2), rules made under
this section in respect of a residential park may
include a rule that limits the residents of that
park to persons who have attained the age of 50
years.
(4) A rule made by a park owner in respect of a
residential park is void for the purposes of this
Act to the extent that the rule is inconsistent with
this Act or any other Act.
(5) For the avoidance of doubt, rules made under
this section are not –
(a) subordinate legislation for the purposes
of the Subordinate Legislation Act 1992;
or
(b) statutory rules within the meaning of the
Rules Publication Act 1953.
92. Amendment of park rules
(1) In this section –
amendment to park rules includes –
(a) a variation of a park rule; and
(b) the addition to the park rules of a
new rule; and
(c) the revocation of an existing park
rule.
Residential Parks Act 2026
Act No. of 2026
Part 7 – Park Rules s. 93
111
(2) Subject to subsection (3), a park owner may
make written amendments to park rules in
respect of a residential park.
(3) If a residents committee has been established for
the residential park, the park owner must
consult, and consider the views of, the
committee in relation to the amendment of park
rules.
(4) An amendment does not have effect unless the
park owner has provided written notice of the
amendment to each resident of the residential
park at least 14 days before the amendment is to
take effect.
(5) For the purposes of subsection (4), a park owner
has provided written notice to a resident if the
park owner –
(a) emails the written notice to the resident,
if the resident has provided the park
owner with an email address; and
(b) gives a copy of the written notice to the
resident.
93. Application to Tribunal if park rules are considered
unreasonable
(1) An application may be made to the Tribunal, by
one or more residents of a residential park, to
declare a park rule in respect of the park
unreasonable.
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Act No. of 2026
s. 93 Part 7 – Park Rules
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(2) If an application is made to the Tribunal about
the reasonableness of park rules, the Tribunal
may make any of the following orders:
(a) an order declaring the rule or proposed
rule to be reasonable or unreasonable;
(b) an order changing the rule in a way that it
considers appropriate to make it
reasonable.
(3) A park rule is void if the Tribunal makes an
order that the rule is unreasonable.
Residential Parks Act 2026
Act No. of 2026
Part 8 – Legal Proceedings s. 94
113
PART 8 – LEGAL PROCEEDINGS
Division 1 – Proceedings generally
94. Application of Part
This Part applies to a residential park dispute in
respect of a residential park agreement,
regardless of whether the residential park
agreement was entered into before or after the
commencement of this Act.
95. Jurisdiction of Tribunal
For the avoidance of doubt, the Tribunal has the
jurisdiction to hear and determine a residential
park dispute.
96. Applications not affected by certain matters
(1) An application to the Tribunal under this Act is
not affected if, after the date of the application,
the applicant ceases to be a resident of the
residential park.
(2) An application to the Tribunal, under this Act,
by a residents committee is not affected if, after
the date of the application –
(a) the membership of that committee
changes; or
(b) the committee is wound up.
Residential Parks Act 2026
Act No. of 2026
s. 97 Part 8 – Legal Proceedings
114
97. Power to intervene
(1) The Director may intervene in proceedings
before the Tribunal or a court concerning a
residential park dispute.
(2) If the Director intervenes in proceedings, the
Director becomes a party to the proceedings and
has all the rights (including rights of appeal) of a
party to the proceedings.
Division 2 – Powers of Tribunal
98. General powers of Tribunal to resolve disputes
(1) The Tribunal may, on application by a party to a
residential park dispute –
(a) restrain an action in breach of this Act or
a residential park agreement; or
(b) require a person to comply with an
obligation under this Act or a residential
park agreement; or
(c) order a person to make a payment (which
may include compensation); or
(d) modify a residential park agreement to
enable the resident to recover
compensation payable to the resident by
way of a reduction in the rent otherwise
payable under the agreement; or
(e) relieve a party to a residential park
agreement from the obligation to comply
with a provision of the agreement; or
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Act No. of 2026
Part 8 – Legal Proceedings s. 99
115
(f) terminate a residential park agreement or
declare that a residential park agreement
has, or has not, terminated; or
(g) reinstate rights under a residential park
agreement that have been forfeited or
have otherwise terminated; or
(h) require payment of rent to a specified
person until conditions stipulated by the
Tribunal have been complied with; or
(i) determine how a security deposit, paid in
respect of rented property, is to be
disbursed between the relevant park
owner and resident; or
(j) require a resident to give up possession
of rented property to the park owner; or
(k) exercise any other power conferred on
the Tribunal under this Act; or
(l) do anything else necessary or desirable to
resolve a residential park dispute.
(2) The Tribunal does not have jurisdiction to award
compensation for damages arising from personal
injury.
99. Tribunal may make orders
(1) In proceedings under this Act, the Tribunal may
make an order –
(a) in the nature of an injunction including
an interim injunction; or