RESIDENTIAL PARKS ACT 2007 - SECT 3
RESIDENTIAL PARKS ACT 2007 - SECT 3
(1) In this Act,
unless the contrary intention appears—
"abandoned property"—see Part 9 Division 10;
"ADI" means an authorised deposit-taking institution within the meaning of the
Banking Act (Cwth) ;
"bailiff" means a bailiff appointed under the South Australian Civil and
Administrative Tribunal Act 2013 ;
"bond" means an amount a resident is required to pay under a provision of a
residential park agreement or collateral agreement as security for the
performance of obligations under the residential park agreement or this Act;
"collateral agreement" means—
(a) a
sub-tenancy managing agent agreement; or
(b) any
agreement collateral to a residential park agreement;
"Commissioner" means the Commissioner for Consumer Affairs;
"common area" in a residential park means any facilities, building, road or
other area in the park provided for common use by residents of the park;
"damage" to property includes the loss of property;
"Deputy President" means a Deputy President of the Tribunal appointed under
the South Australian Civil and Administrative Tribunal Act 2013 ;
"Deputy Registrar" means a Deputy Registrar of the Tribunal appointed under
the South Australian Civil and Administrative Tribunal Act 2013 ;
"dwelling" means—
(a) a
structure, whether fixed or moveable, that is designed to be used and is
capable of being used for human habitation; or
(b) a
motor vehicle or trailer that is designed to be used and is capable of being
used for human habitation,
and includes a part of a dwelling but does not include a tent or a structure
of a kind prescribed by regulation;
"exclusion period"—see section 96;
"forwarding address" of a resident means the address of the place at which the
resident will next reside, or an address that will be a postal address of the
resident, after termination of the residential park agreement;
"Fund" means the Residential Tenancies Fund continued in existence under the
Residential Tenancies Act 1995 ;
"housing assessment order" has the same meaning as in the
Housing Improvement Act 2016 ;
"housing demolition order" has the same meaning as in the
Housing Improvement Act 2016 ;
"housing improvement order" has the same meaning as in the
Housing Improvement Act 2016 ;
"lawyer" means a person entitled to practise the profession of the law under
the Legal Practitioners Act 1981 ;
"motor vehicle" has the same meaning as in the Motor Vehicles Act 1959 ;
"notice to vacate" has the same meaning as in the Housing Improvement
Act 2016 ;
"occupied site" in a residential park means a site in the park occupied by a
resident;
"park owner" of a residential park means the owner or operator of the
residential park, and includes a successor in title to the park (or
rented property) whose title is subject to a resident's interest and a
prospective park owner and a former park owner;
Note—
Part 8 relates to sub-tenancy agreements and contains a provision that
extends the meaning of the term "park owner" in relation to
sub-tenancy agreements.
"park rules"—see Part 2;
"permanently fixed dwelling" means a structure that—
(a) has
the character of a dwelling; and
(b) is
designed to be permanently fixed to land; and
(c)
could not, under any reasonable arrangement, be removed in a state that would
allow the structure to be reused as a dwelling at another place;
"personal documents" means official documents, photographs, correspondence or
other documents that it would be reasonable to expect a person might wish to
keep;
"personal representative" of a deceased resident means a person who is
entitled at law to administer the estate of the deceased resident;
"preliminary rent control notice" has the same meaning as in the
Housing Improvement Act 2016 ;
"President" means the President of the Tribunal appointed under the
South Australian Civil and Administrative Tribunal Act 2013 ;
"Registrar" means the Registrar of the Tribunal appointed under the
South Australian Civil and Administrative Tribunal Act 2013 ;
"rent" means an amount payable under a residential park agreement for the
right to occupy the rented property for a period under the agreement;
"rent control notice" has the same meaning as in the Housing Improvement
Act 2016 ;
"rented property" means—
(a) in
relation to a residential park tenancy agreement—the site and dwelling
in respect of which the right of occupancy has been granted under the
residential park tenancy agreement; or
(b) in
relation to a residential park site agreement—the site in respect of
which the right of occupancy has been granted under the residential
park site agreement,
and includes, in either case, so far as the context admits, property (not
forming part of the site or dwelling) that is provided by the park owner,
either under the agreement or independently of the agreement, for use by the
resident;
"resident" of a residential park means a person who is granted a right of
occupancy under a residential park tenancy agreement or a residential
park site agreement in respect of the residential park, or a person to whom
the right passes by assignment or operation of law, and includes a prospective
resident or a former resident;
"residential park" means an area of land used or intended to be used in either
or both of the following ways:
(a) as a
complex of sites of dwellings in respect of which rights of occupancy are
conferred under various residential park tenancy agreements, together with
common area bathroom, toilet and laundry facilities and other common areas;
(b) as a
complex of sites in respect of which rights of occupancy are conferred under
various residential park site agreements, together with common areas (which
may, but need not, include bathroom, toilet and laundry facilities);
"residential park agreement" means—
(a) a
residential park tenancy agreement; or
(b) a
residential park site agreement;
"residential park dispute" means—
(a) a
claim under a residential park agreement or a collateral agreement; or
(b) a
dispute between parties or former parties to a residential park agreement or a
collateral agreement about matters arising under the agreement or this Act; or
(c) any
matter that may be the subject of an application under this Act to the
Tribunal;
"residential park site agreement" means an agreement under which a park owner
grants another person, for valuable consideration, a right (which may, but
need not, be an exclusive right) to occupy a site in the residential park, and
to install or locate a dwelling on the site, for residential purposes;
"residential park tenancy agreement" means—
(a) an
agreement under which a park owner grants another person, for valuable
consideration, a right (which may, but need not, be an exclusive right) to
occupy a site in the residential park, and a dwelling made available on the
site by the park owner, for residential purposes; or
(b) an
agreement (a
"sub-tenancy agreement") under which a resident grants another person, for
valuable consideration, a right (which may, but need not, be an exclusive
right) to occupy the site in respect of which the resident has a right of
occupancy, and the dwelling on the site (whether a dwelling made available by
the park owner or installed or located on the site by the resident), for
residential purposes;
"statutory charges" means—
(a)
rates or other charges on land under the Local Government Act 1999 ; and
(b)
rates or other charges under the Waterworks Act 1932 or the
Sewerage Act 1929 ; and
(c) tax
under the Land Tax Act 1936 ; and
(d)
levies under the Emergency Services Funding Act 1998 ; and
(e)
levies under the Landscape South Australia Act 2019 ; and
(f) any
charges of a kind imposed under an Act and declared by regulation to be
statutory charges;
"sub-tenancy agreement"—see paragraph (b) of the
definition of "residential park tenancy agreement";
"sub-tenancy managing agent agreement"—see Part 8;
"trailer" has the same meaning as in the Motor Vehicles Act 1959 ;
"Tribunal" means the South Australian Civil and Administrative Tribunal
established under the South Australian Civil and Administrative Tribunal
Act 2013 .
(2) If this Act
provides for something to be done within a specified period from a particular
day, the period is to be taken not to include the particular day.
(3) If this Act
provides that action may be taken after the expiration of a specified period
of days, the period is to be taken to be a period of clear days.
(4) For the purposes
of this Act, a residential park agreement includes an agreement granting a
corporation a right in respect of a dwelling that is occupied, or intended to
be occupied, as a place of residence by a natural person.
(5) For the purposes
of this Act, a residential park agreement will be
taken to be for a "short term" if it is for a term of 90 days or less
(and all other residential park agreements will be taken to be for a long
term).
(6) A reference in
this Act to the "market value" of a dwelling or other asset is a reference to
the estimated amount for which the dwelling or asset should exchange, at the
relevant time, between a willing buyer and a willing seller in an arm's length
transaction, after proper marketing and where the parties had each acted
knowledgeably, prudently and without compulsion.