HOLIDAY PARKS (LONG-TERM CASUAL OCCUPATION) ACT 2002 - As at 13 January 2023 - 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 Certain other Acts have no or limited 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

• 32 Abandoned site
• 33 Right of park owner to compensation where occupant abandons site
34-36. (Repealed)

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 Secretary 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
• 46A False or misleading information
• 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