CARAVAN PARKS AND CAMPING GROUNDS REGULATIONS 1997 - REG 59

CARAVAN PARKS AND CAMPING GROUNDS REGULATIONS 1997 - REG 59

59 .         Caravans that have been removed

        (1)         A person who causes a caravan to be removed from a facility under this Part is to ensure that the caravan is kept safe and released, at any time before it is destroyed or sold, to a person who appears to the authorised person or licence holder to be entitled to possession of it.

        (2)         In the event of any doubt or dispute as to entitlement to possession of a caravan, the caravan is to be retained until the doubt or dispute is settled or determined.

        (3)         A person who causes a caravan to be removed from a facility under this Part may require payment from the person to whom the caravan is to be released of the reasonable costs of the removal and storage of the caravan.

        (4)         A caravan which has not been reclaimed within 60 days of the day it was removed from the facility may — 

            (a)         be sold at public auction or tender, or, if such sale is unsuccessful may be sold by private sale; or

            (b)         be destroyed, if in the written opinion of an authorised officer, it is in such poor condition or repair that it is not desirable that it be sold.

        (5)         If a caravan is sold under subregulation (4), the person who caused the caravan to be removed under this Part is entitled to retain out of the proceeds of the sale the reasonable costs of the removal, storage and sale of the caravan.

        (6)         The balance of any proceeds of the sale of a caravan under this regulation after the deduction of any amount under subregulation (5) is to be credited to — 

            (a)         a person who appears to the authorised person or licence holder to have been entitled to possession of the caravan; or

            (b)         if there is no such person, to the trust fund of the local government of the district in which the caravan was situated.

        (7)         The purchaser of a caravan acquired by public auction, tender or private sale under this regulation, unless he or she has actual notice of any interest in the caravan of a person, acquires a good title to the caravan subject to any such interest.

        (8)         A person acting under this regulation does not incur any liability in respect of the removal, storage, sale or destruction of the caravan, except — 

            (a)         liability for intentional or negligent damage to the caravan, other than the destruction of the caravan under subregulation (4)(b); or

            (b)         where he or she has actual notice of any interest in the caravan of a person and fails to take all reasonable steps to notify that person of the whereabouts of the caravan and afford that person a reasonable opportunity to reclaim the caravan.

        (9)         Where a dispute arises between a person who causes a caravan to be removed from a facility under this Part and a person who claims an interest in the caravan, the Magistrates Court may, on application by such person, order the return of the caravan or the payment of any amount from the relevant trust fund or make such other order as the court considers appropriate in the circumstances.

        (10)         An application made to the Magistrates Court under this regulation is to be made and dealt with under the Magistrates Court (Civil Proceedings) Rules 2005 Part 21 Division 3.

        (11)         In this regulation —

        trust fund means the trust fund established by the relevant local government under section 6.9 of the Local Government Act 1995 .

        [Regulation 59 amended: Gazette 25 Aug 2000 p. 4916; 12 Dec 2014 p. 4726-7.]