New South Wales Consolidated Acts

HOLIDAY PARKS (LONG-TERM CASUAL OCCUPATION) ACT 2002

- As at 17 July 2009
- Act 88 of 2002

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Notes

   PART 2 - APPLICATION OF ACT

   5.      Act applies to long-term casual occupants
   6.      Agreements and sites to which Act does not apply
   7.      Residential Parks Act 1998 has no application
   8.      Act to bind Crown

   PART 3 - RIGHTS OF PROSPECTIVE OCCUPANTS OF HOLIDAY PARKS TO BE PROVIDED WITH INFORMATION

   9.      Prospective occupants have a right to certain information
   10.     Prospective occupants have a right to be provided with the park rules for casual occupants

   PART 4 - OCCUPATION AGREEMENTS

           Division 1 - Written agreements

   11.     What are the terms of a written occupation agreement?
   12.     Park owner to give occupant copy of occupation agreement
   13.     What if the occupation agreement is not signed?
   14.     What happens to current occupants under existing written agreements?

           Division 2 - Oral agreements

   15.     What if there is no written agreement?
   16.     What happens to current occupants under existing oral agreements?
   17.     No costs payable for oral agreement

           Division 3 - What happens to a fixed term agreement after the fixed term ends?

   18.     Fixed term agreement may specify that it continues
   19.     Park owner or occupant may terminate agreement when fixed term ends
   20.     Continuation of fixed term agreements if park owner or occupant does not terminate

   PART 5 - OCCUPATION FEES AND CHARGES

   21.     Nature of amounts to be paid for agreement
   22.     Occupation fees in advance
   23.     Receipts for occupation fees and charges

   PART 6 - PARK RULES FOR CASUAL OCCUPANTS

   24.     Park rules for casual occupants form part of occupation agreements
   25.     Amendment of park rules for casual occupants

   PART 7 - WHAT IF SOMETHING GOES WRONG?

           Division 1 - Disputes

   26.     Applications to the Tribunal relating to a breach of an occupation agreement or to a disagreement
   27.     What orders can the Tribunal make?

           Division 2 - Recovery of possession

   28.     Recovery of possession does not require a Tribunal order
   29.     Recovery of possession of site is prohibited unless it is authorised by an occupation agreement or this Act
   30.     Enforcement of orders for possession

   PART 8 - ABANDONED SITES AND GOODS

   31.     Meaning of “goods”
   32.     Abandoned site
   33.     Right of park owner to compensation where occupant abandons site
   34.     Goods abandoned by occupant after occupation agreement is terminated
   35.     Goods left by occupant, but not abandoned, after occupation agreement is terminated
   36.     Time within which application is to be made

   PART 9 - INVESTIGATIONS

   37.     Investigators must show identification
   38.     Power of investigator to obtain information, documents and evidence
   39.     Inspection of documents and other items by Director-General and others
   40.     Exclusion of personal liability

   PART 10 - ENFORCEMENT

   41.     Disclosure of information
   42.     Offences and penalties
   43.     Proceedings for offences
   44.     Offences by corporations

   PART 11 - MISCELLANEOUS

   45.     Park owner may employ or appoint park manager
   46.     Consultative Committees
   47.     Service of documents
   48.     Extension of time
   49.     Contracting out prohibited
   50.     Contracts Review Act 1980
   51.     Regulations
   52.     (Repealed)
   53.     Savings and transitional provisions
   54.     Review of Act
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3