New South Wales Consolidated Acts

HOLIDAY PARKS (LONG-TERM CASUAL OCCUPATION) ACT 2002 - SECT 9

9 Prospective occupants have a right to certain information

(1) A park owner who proposes to enter into an occupation agreement under which a person will be the occupant of a site must prepare, or arrange for the preparation of, a document that includes the following questions, and any other questions that may be prescribed by the regulations, and correct written answers to those questions:

(a) What occupation fees will be charged under the occupation agreement?

(b) Will there be any extra occupation fees charged during school holidays or any other busy periods?

(c) Will there be any extra occupation fees charged for additional occupants or visitors?

(d) Will the occupant have to pay any additional or extraordinary charges (other than occupation fees), for instance any gas or water charges? If the occupant does have to pay, for what purposes does the occupant have to pay?

(e) What are the costs of preparing the occupation agreement?

(f) How much notice will the occupant get before occupation fees go up?

(g) How much notice will the occupant get before he or she is asked to leave the site or otherwise end the agreement?

(h) How will any disputes about the occupation agreement be sorted out, or any other disagreements?

(i) Can an occupant sell the occupant’s moveable dwelling while it is in the holiday park? What restrictions are there on an occupant regarding the sale of the occupant’s moveable dwelling while it is in the holiday park? What are the commission arrangements if the park owner sells the occupant’s moveable dwelling?

(j) Is there any restriction on the types of moveable dwellings allowed at the park?

(k) What can the occupant put on the site besides the moveable dwelling (such as a carport or garden shed)? The answer to this should take into account:

(i) what the park owner will permit, and

(ii) what the local council will permit, and

(iii) what regulations made under the Local Government Act 1993 will permit.

(l) Are there restrictions on the use of common facilities? If so, what hours are the facilities available and who may use the facilities? Are there any other restrictions on the use of these facilities?

(m) Who pays for the cost of an occupant’s dwelling being relocated within the park during the term of the occupation agreement?

(2) The park owner must not enter into an occupation agreement in relation to a site unless the prospective occupant under that agreement has first been provided with a copy of the document referred to in subsection (1).

Maximum penalty: 2 penalty units.