New South Wales Consolidated Regulations

LOCAL GOVERNMENT (MANUFACTURED HOME ESTATES, CARAVAN PARKS, CAMPING GROUNDS AND MOVEABLE DWELLINGS) REGULATION 2005 - REG 4

4 Definitions

(1) In this Regulation:
"access road" means a road (other than a public road) situated within a manufactured home estate, a caravan park or a camping ground.
"AMCORD" means the Australian Model Code for Residential Development , which is contained in the document entitled AMCORD-A National Resource Document for Residential Development , as published in 1995 by the Commonwealth Department of Housing and Regional Development.
"annexe" means a moveable dwelling that:

(a) is an attachment to a relocatable home or caravan, and

(b) is used as an extension of the habitable area of the relocatable home or caravan, and

(c) is capable of being erected or removed within 24 hours.

"approval":

(a) in Subdivision 2 of Division 2 of Part 2 and Subdivision 2 of Division 2 of Part 3-means an approval of the kind referred to in item 1 of Part A of the Table to section 68 of the Act, and

(b) in the rest of Part 2-means an approval of the kind referred to in item 3 of Part F of that Table, and

(c) in the rest of Part 3-means an approval of the kind referred to in item 2 of Part F of that Table.

Note: The terms "associated structure" and "building" are defined in the Act.

"Building Code of Australia" has the same meaning as it has in the Environmental Planning and Assessment Act 1979 .
"bush fire prone land", in relation to an area, means land recorded for the time being as bush fire prone land on a bush fire prone land map for the area.
"bush fire prone land map" for an area means a map for the area certified as referred to in section 146 (2) of the Environmental Planning and Assessment Act 1979 .
"camp site" means an area of land within a camping ground on which a campervan or tent may be installed or, in the case of a primitive camping ground, on which a campervan, tent or caravan may be installed, and that is designated as a camp site by the approval for the camping ground.
"campervan" means a moveable dwelling (other than a caravan) that is designed so as to be registrable as a motor vehicle under the Road Transport (Vehicle Registration) Act 1997 , and includes a camper trailer.
"caravan" means a moveable dwelling that is designed so as to be registrable as a trailer under the Road Transport (Vehicle Registration) Act 1997 , but does not include a camper trailer.
"certificate of completion" means a certificate issued by a council under clause 69.
"community amenity" means a space or facility that is required (by this Regulation or otherwise) to be provided within a manufactured home estate, caravan park or camping ground that is used or intended to be used:

(a) for the purposes of administration or servicing of that manufactured home estate, caravan park or camping ground, or

(b) for recreational or other communal purposes serving the interests of the occupiers of manufactured homes within a manufactured home estate or moveable dwellings within a caravan park or camping ground,

but does not include any car parking space.
"community building" means a building (such as a shower block, toilet block or laundry block) that is used or intended to be used in connection with a community amenity, and includes a building that is to be used as a manager’s or caretaker’s office or residence.
"community map":

(a) in relation to a manufactured home estate-means a scale map that accurately shows the road reserves, the community amenities and the dwelling sites within the manufactured home estate, and

(b) in relation to a caravan park or camping ground-means a scale map that accurately shows:

(i) the access roads, community amenities and community buildings within the caravan park or camping ground, and

(ii) the number, size, location and dimensions of dwelling sites or camp sites within the caravan park or camping ground, and

(iii) in relation to a dwelling site or camp site within the caravan park or camping ground, the particular off-site parking space or spaces (if any) designated for use by the occupier of the dwelling site or camp site.

"compliance plate" means a compliance plate referred to in clause 67 or 159.
"dwelling site":

(a) in relation to a manufactured home estate-means an area of land within the manufactured home estate that is designated as a dwelling site by the approval for the manufactured home estate, and

(b) in relation to a caravan park-means an area of land within the caravan park on which a moveable dwelling may be installed and that is designated as a dwelling site by the approval for the caravan park.

"Electricity Code of Practice" means the document published by the Department of Energy, Utilities and Sustainability under the title Code of Practice for Electricity Supply to Long-term Residents of Caravan Parks , as in force on 1 September 2005.
"engineer’s certificate" means a certificate issued by a practising structural engineer under clause 51, 143 or 166.
"ensuite facility", in relation to a dwelling site, means a building, part of a building or an associated structure that contains at least a shower, toilet and handbasin, is provided for the exclusive use of the occupiers of the site and is located on or adjacent to the site.
"flexible annexe" means an annexe that (apart from any rigid support frame and any floor, or any door, window or other securable opening, constructed of non-flexible material) consists entirely of canvas or other flexible material.
"flood liable land" means land that has been determined by the council to be flood liable land, having regard to the principles contained in the Floodplain Development Manual.
"Floodplain Development Manual" means the manual entitled Floodplain Development Manual: the management of flood liable land published by the Department of Infrastructure, Planning and Natural Resources, as in force from time to time.
"former Regulations" means the Local Government (Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 1995 and the Local Government (Manufactured Home Estates and Manufactured Homes) Regulation 1995 .
"habitable room" has the same meaning as it has in the Building Code of Australia .
"holiday van" means a moveable dwelling (other than a tent) that is or usually is continuously located on a short-term site and used primarily by its owner for occasional occupancy for holiday purposes.
"installation" means:

(a) in relation to a manufactured home or a relocatable home-the process of connecting together the major sections of the manufactured home or relocatable home, and any associated structures forming part of the manufactured home or relocatable home, and attaching them to footings, or

(b) in relation to an associated structure-the process of constructing or assembling the components of the associated structure, and (if appropriate) attaching them to footings,

and includes the connection of gas, electricity, telephone, water, sewerage and drainage services.
"long-term site" means a dwelling site that is specified in the approval for a caravan park as being a long-term site.
"major access road" means an access road serving more than 30 dwelling sites within a manufactured home estate.
"major section" means a single portion of a manufactured home or relocatable home, being a portion:

(a) that contains a total living space (excluding the living space contained in any associated structure) of at least 20 cubic metres, and

(b) that comprises all of the major components of that portion of the home, including the chassis or frame, the external and internal walls, the roof and ceilings, the floors, the windows and doors, the internal plumbing and wiring, the tiling, the kitchen, bathroom and laundry fittings (other than stoves, refrigerators, washing machines and other whitegoods) and the built-in cupboards and cabinets.

Note: The terms "manufactured home" and "manufactured home estate" are defined in the Act.

"Ministerial specifications" means specifications established by an order in force under clause 39 or 133.
"minor access road" means an access road serving no more than 30 dwelling sites within a manufactured home estate.

Note: The term "moveable dwelling" is defined in the Act.

"park van" means a moveable dwelling (other than a tent), whether or not capable of being registered under the Road Transport (Vehicle Registration) Act 1997 , that:

(a) is or usually is continuously located on a short-term site, and

(b) is provided for hire, and

(c) is used by a site occupier other than the owner of the moveable dwelling primarily for holiday purposes.

"Plumbing and Drainage Code of Practice" means the code of practice published by the Committee on Uniformity of Plumbing and Drainage in New South Wales under the title New South Wales Code of Practice-Plumbing and Drainage , as in force from time to time.
"practising structural engineer" means a person who holds (or who at all relevant times held) qualifications in structural engineering acceptable to the Institution of Engineers, Australia, for admission as a corporate member.
"primitive camping ground" means a camping ground that is specified in its approval as being a primitive camping ground.
"relocatable home" means:

(a) a manufactured home, or

(b) any other moveable dwelling (whether or not self-contained) that comprises one or more major sections, including any associated structure that forms part of the dwelling,

but does not include a tent, caravan or campervan or any moveable dwelling that is capable of being registered under the Road Transport (Vehicle Registration) Act 1997 .
"rigid annexe" means an annexe that is not a flexible annexe.
"road reserve" means such part of a manufactured home estate (excluding any part of a dwelling site) as is reserved for the purposes of access roads, footpaths, parking spaces and associated landscaping.
"self-contained moveable dwelling" means a moveable dwelling that contains its own shower and toilet facilities.
"short-term site" means a dwelling site on which a moveable dwelling that is ordinarily used for holiday purposes may be installed and that is specified in the approval for a caravan park as being a short-term site.
"site boundary", in relation to a caravan park or camping ground, means any boundary of a dwelling site or camp site other than a boundary fronting onto an access road.
"storey", in relation to a relocatable home, associated structure or rigid annexe, means the space situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above.
"the Act" means the Local Government Act 1993 .

(2) Notes included in this Regulation do not form part of this Regulation.