New South Wales Consolidated Acts

RESIDENTIAL PARKS ACT 1998 - SECT 3

3 Definitions

(1) In this Act:
"Crown reserve" has the meaning given to "reserve" in section 78 of the Crown Lands Act 1989 .
"Department" means the Department of Commerce.
"Director-General" means the Director-General of the Department.
"exercise" of a function includes performance of a duty.
"function" includes a power, authority or duty.
"investigator" means:

(a) an officer of the Department for the time being appointed under section 136A (1) as an investigator, or

(b) an investigator appointed under section 18 of the Fair Trading Act 1987 .

"manufactured home" means a self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities) that comprises one or more major sections, and is not a registrable moveable dwelling, and includes any associated structures that form part of the dwelling.
"moveable dwelling" means:

(a) any caravan or other van or other portable device (whether on wheels or not) other than a tent, used for human habitation, or

(b) a manufactured home, or

(c) any conveyance, structure or thing of a class or description prescribed by the regulations for the purposes of this definition.

"Park Liaison Committee", in relation to a residential park, means the Park Liaison Committee convened for the residential park under section 66.
"park manager", in relation to a residential park, means the person appointed under section 143.
"park owner":

(a) in relation to a residential tenancy agreement, means any person who grants the right to occupy residential premises under the residential tenancy agreement, and includes the person’s heirs, executors, administrators and assigns, and

(b) when used in section 30 or Parts 6-11, in relation to a residential park, means any person who jointly or severally, whether at law or in equity, is entitled to the land comprising the residential park for any estate of freehold in possession.

"park rules", in relation to a residential park, means the rules made under Part 6 in relation to that residential park.
"registrable moveable dwelling" means a moveable dwelling that is a registrable vehicle within the meaning of the Road Transport (Vehicle Registration) Act 1997 .
"relocatable home" means a moveable dwelling that is not:

(a) a registrable moveable dwelling, or

(b) a moveable dwelling of a type prescribed by the regulations for the purposes of this paragraph.

"rent" means an amount payable by a resident under a residential tenancy agreement in respect of a period of the tenancy.
"rental bond", in relation to a residential tenancy agreement or proposed residential tenancy agreement, has the same meaning as it has in the Landlord and Tenant (Rental Bonds) Act 1977 in relation to a lease or proposed lease.
"reservation fee" means an amount paid or required to be paid to a person in consideration for not letting residential premises pending the making of a residential tenancy agreement.
"resident" means the person who has the right to occupy residential premises under a residential tenancy agreement, and includes the person’s heirs, executors, administrators and assigns.
"residential park" means:

(a) a caravan park (that is, land, including a camping ground, on which caravans, or caravans and other moveable dwellings, have been, are or are to be placed, installed or erected), or

(b) a manufactured home estate (that is, land on which manufactured homes have been, are or are to be placed),

whether or not the caravan park or manufactured home estate is the subject of an approval under the Local Government Act 1993 .
"residential premises":

(a) means any premises or part of premises (including any land occupied with the premises) used or intended to be used as a place of residence, and

(b) includes a residential site on which a moveable dwelling is situated or intended to be situated (or both a moveable dwelling and residential site), if the moveable dwelling is used or intended to be used as a place of residence.

"residential site" means a site within a residential park that is used, or is intended to be used, for the installation of a moveable dwelling.
"residential site agreement" means a residential tenancy agreement under which:

(a) the park owner grants to the resident:

(i) a right to install, on a residential site, a relocatable home, or a registrable moveable dwelling with a rigid annexe attached to it (being a relocatable home or registrable moveable dwelling owned by the resident), and

(ii) a right to use the home or dwelling as a residence, and

(b) the resident occupies the premises as the resident’s principal place of residence, and

(c) in the case of an agreement entered into after the commencement of section 5, the resident has the approval of the park owner or park manager to occupy the premises as the resident’s principal place of residence,

but does not include such a residential tenancy agreement with respect to land:

(d) that is within a Crown reserve, if the agreement was entered into after 16 December 1994, unless it is an agreement arising from a lease or licence under section 102 of the Crown Lands Act 1989 to which the Minister administering that Act has granted consent, or

(e) that is reserved or dedicated under the National Parks and Wildlife Act 1974 .

"residential tenancy agreement" means any agreement under which a person grants to another person for value a right of occupation of residential premises for the purpose of use as a residence:

(a) whether or not the right is a right of exclusive occupation, and

(b) whether the agreement is express or implied, and

(c) whether the agreement is oral or in writing, or partly oral and partly in writing,

and includes such an agreement granting the right to occupy residential premises together with the letting of goods.
"residents committee", in relation to a residential park, means the residents committee convened for that park under section 66A.
"rigid annexe" means an attachment to a moveable dwelling used as an extension of the habitable area of the dwelling, not being an extension that (apart from any rigid floor or support frame and any door, window or other securable opening constructed of non-flexible material) consists entirely of canvas or other flexible material.
"tenancy" means the right to occupy residential premises under a residential tenancy agreement.
"Tribunal" means the Consumer, Trader and Tenancy Tribunal established by the Consumer, Trader and Tenancy Tribunal Act 2001 .

(2) In this Act:

(a) a reference to a resident includes a person to whom a resident has granted the right to occupy residential premises, and

(b) a reference to a resident of a residential park is a reference to a person who is a resident under a residential tenancy agreement under which the residential premises consist of a residential site, or a moveable dwelling and a residential site, within the residential park and who occupies the residential premises as the person’s principal place of residence, and

(c) a reference to the giving of something by a person includes a reference to the causing of that thing to be given by the person.

(3) In Parts 2-5 (sections 30, 37, 38 and 39 excepted) and Part 12, a reference to a park owner includes a reference to a resident who has granted the right to occupy residential premises to another person (by sub-letting).

(4) For the purposes of determining whether an agreement is a residential tenancy agreement as defined in subsection (1), it does not matter that the person granted the right of occupation is a corporation if the premises are used (or intended for use) as a residence by a natural person.