New South Wales Consolidated Acts

RESIDENTIAL PARKS ACT 1998 - SECT 102

102 Termination by park owner for change of use

(1) A park owner may give notice of termination of a residential site agreement to the resident on the ground that the residential site is to be used (whether by the park owner or some other person) for a purpose other than that of a residential site.

(1A) Notice of termination may not be given on the ground of a change of use that requires development consent under the Environmental Planning and Assessment Act 1979 unless development consent for the proposed use has been obtained under that Act.

(1B) Notice of termination may not be given on the ground of a change of use that does not require development consent under the Environmental Planning and Assessment Act 1979 unless consent for the issue of the notice has been obtained under section 102AA.

(1C) Within 7 days after giving a notice of termination under this section, the park owner must cause written notice of that fact to be given to the Director-General of the Department of Housing.

(2) A notice of termination in respect of a residential site must not specify a date for vacating the residential site earlier than:

(a) 12 months after the day on which the notice is given, or

(b) in the case of an agreement that creates a tenancy for a fixed term, the day following the date on which the fixed term ends,

whichever is the later.

(3) A resident to whom a notice of termination referred to in subsection (2) is given may, within 60 days after receiving the notice, apply to the Tribunal for an order postponing the date for vacating the residential site.

(4) A notice of termination under this section must include the following statements, either in the body of the notice or in a separate document accompanying the notice:

(a) a statement to the effect that the resident is not required to deliver up vacant possession of the residential premises until ordered to do so by the Tribunal,

(b) a statement to the effect that the resident may be entitled to be paid compensation under section 128 which, if payable, must be paid in full before the resident is required to deliver up vacant possession,

(c) such other statements as may be prescribed by the regulations.

(5) A resident whose residential site agreement is terminated under this section is entitled to be paid compensation by the park owner in accordance with section 128.

(6) Compensation is not payable in respect of a residential site agreement for a residential site situated within a Crown reserve (being an agreement entered into after 16 December 1994) if:

(a) the resident is informed (when the agreement is entered into) that there is no right of compensation in the event that the agreement is terminated under this section, and

(b) the purpose for which the agreement is terminated is for the residential site to be used for a public purpose other than that of a residential site.