New South Wales Consolidated Acts

HOLIDAY PARKS (LONG-TERM CASUAL OCCUPATION) ACT 2002 - SECT 5

5 Act applies to long-term casual occupants

(1) This Act applies to any occupation agreement in relation to a site:

(a) entered into by an occupant who has a principal place of residence somewhere other than the site, and

(b) under which the occupant installs the occupant’s own moveable dwelling on the site and leaves it there all of the time that the occupation agreement continues in force, and

(c) under which the occupant can occupy the site for no more than 180 days in any 12-month period (in a continuous or broken period), and

(d) under which:

(i) the occupant agrees, with the consent of the park owner, to be an occupant on a casual basis for at least 12 months, or

(ii) the occupant has, with the consent of the park owner, been an occupant on a casual basis for at least 12 months.

(2) This Act applies whether the relevant occupation agreement was entered into before or after the commencement of this section, unless a particular provision provides otherwise.

(3) Subject to sections 14 and 16, if this Act applies to an occupation agreement, it so applies despite the terms of any such occupation agreement or any other contract, agreement or arrangement, whether made before or after the commencement of this section.