CARAVAN PARKS AND CAMPING GROUNDS REGULATIONS 1997 - SCHEDULE 9

CARAVAN PARKS AND CAMPING GROUNDS REGULATIONS 1997 - SCHEDULE 9

[Reg. 73.]

1 .         Terms used

                In this Schedule — 

        commencement means 1 July 1997;

        equivalent provision of the former legislation means any provision of the former legislation which dealt with substantially the same matter, although it may have imposed a different standard, as the relevant provision of these regulations;

        equivalent provision of these regulations means any provision of these regulations which deals with substantially the same matter, although it may impose a different standard, as the relevant provision of the former legislation;

        existing facility has the meaning given by section 34(5) of the Act;

        former legislation means — 

            (a)         local laws which, immediately before the commencement of the Local Government Act 1995 , were by‑laws made under section 200 of the Local Government Act 1960  ² and which are in conflict, or inconsistent, with these regulations; and

            (b)         the Health (Caravan Parks and Camping Grounds) Regulations 1974 ,

        as in force on 30 June 1997.

2 .         References to provisions of former legislation

                A reference in this Schedule to a provision of the former legislation refers only to a provision with respect to caravans and camps at caravan parks and camping grounds and does not include a reference to a provision with respect to — 

            (a)         the registration or licensing of facilities; or

            (b)         the use of caravans or camps on land which is not a caravan park or camping ground.

3 .         One year to comply with new provisions

        (1)         A provision of these regulations for which there is no equivalent provision of the former legislation does not apply in respect of — 

            (a)         an existing facility; or

            (b)         a caravan at an existing facility at the commencement for as long as it remains at that facility; or

            (c)         a rigid annexe which is attached to a caravan at an existing facility at the commencement for as long as it remains at that facility,

                until 1 July 1998, subject to any extension of time granted under clause 4.

        (2)         Where a caravan, annexe or facility was not in compliance with a provision of the former legislation, the equivalent provision of these regulations does not apply with respect to that caravan, annexe or facility until 1 July 1998, subject to any extension of time granted under clause 4.

        (3)         Where a caravan, annexe or facility was in compliance with a provision of the former legislation on 30 June 1997 but ceases to so comply, the equivalent provision of these regulations applies immediately.

4 .         Extension of time within which to comply

        (1)         The local government of the district in which the facility or caravan is situated, may issue a certificate extending the time with respect to which a provision of these regulations referred to in clause 3 does not apply, for such period of time as is specified in the certificate.

        (2)         A certificate may not be issued in respect of a provision of Division 10 of Schedule 7.

        (3)         A local government may issue more than one certificate with respect to the same matter but all exemptions end on 1 July 2001 and any certificate purporting to extend the time with respect to which a provision does not apply after 1 July 2001 is of no effect.

        (4)         Where the local government for a district refuses to issue a certificate under this clause, it is to advise the applicant in writing of that refusal.

        [Clause 4 amended: Gazette 25 Aug 2000 p. 4921.]

5 .         New provisions do not apply where equivalent provision of former legislation is complied with

                A provision of these regulations does not apply in respect of — 

            (a)         an existing facility; or

            (b)         a caravan at an existing facility at the commencement for as long as it remains at that facility; or

            (c)         a rigid annexe which is attached to a caravan at an existing facility at the commencement for as long as it remains at that facility,

                if the facility, annexe or caravan was in compliance with an equivalent provision of the former legislation which applied to it at 30 June 1997 and continues to so comply.

6 .         Where compliance at commencement, provision continues to apply

                Despite anything else in this Schedule, where a provision of these regulations is being complied with at the commencement in respect of a caravan, annexe or facility that provision continues to apply in respect of that caravan, annexe or facility.

7 .         Registration or licence under local law

                For the purposes of these regulations, from the commencement until the appointed day referred to in section 6 of the Act — 

            (a)         a certificate of registration or a licence issued under the former legislation in relation to a facility is to be taken to be a licence for that facility of such type specified in Schedule 2 as is appropriate for that facility, taking into account — 

                  (i)         the type of registration or licence; and

                  (ii)         any conditions imposed on the registration or licence; and

                  (iii)         the position of the facility and the type of caravans and camps which use it;

                and

            (b)         the owner of a facility referred to in paragraph (a) is to be taken to be the licence holder in respect of that facility.

8 .         Transitional provisions relating to Part 4

        (1)         Despite anything else in this Schedule but subject to this clause, Part 4 of these regulations applies from the commencement.

        (2)         Regulations 28, 33 and 37 do not apply until 1 January 1998 in respect of work under construction at the commencement.

        (3)         Regulations 39 and 40 do not apply in respect of work under construction at the commencement.

Notes

This is a compilation of the Caravan Parks and Camping Grounds Regulations 1997 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Other notes

¹         Under the Alteration of Statutory Designations Order (No. 4) 2013 a reference in any law to the Department of Local Government is to be read and construed, unless the context otherwise requires, as a reference to the Department of Local Government and Communities.

²         Now known as the Local Government (Miscellaneous Provisions) Act 1960 .

³         The Caravan Parks and Camping Grounds Amendment Regulations 2000 r. 22 reads as follows:

22.         Transitional

                A licence issued in relation to a transit camp under the Caravan Parks and Camping Ground Regulations 1997 before the commencement of these regulations is, on and after that commencement, to be taken to be a licence issued in respect of a transit park.

Defined terms



[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term         Provision(s)

ablution block         3

approved         3

AS         3

AS/NZS         3

AS/NZS 3500.2.2         Sch. 7 cl. 45

assemble         3

assistance dog         3

attachment         40A

builder         3

Building Code         3

camp         8A

caravan site         3

commencement         Sch. 9 cl. 1

components         3

construct         3

cyclonic region         3

design wind speed         3

emergency         11(3)

en suite         3

equivalent provision of the former legislation         Sch. 9 cl. 1

equivalent provision of these regulations         Sch. 9 cl. 1

existing facility         Sch. 9 cl. 1

facility road         3

flexible annexe         3

flexible attachment         40A

form         3

former legislation         Sch. 9 cl. 1

laundry facility         3

long stay site         3

manufactured home         40A

nature based park         3

number plate         3

on‑site caravan         3

open sided building         3

open sided double carport         Sch. 7 cl. 9(7)

overflow area         3

park home park         3

permit         11(3)

person who constructs a park home         32(5)

person who constructs an annexe         36(6)

potable water         Sch. 7 cl. 38

professional engineer         3

purported approval         40A

rigid annexe         3

rigid attachment         40A

road         4(2)

road side rest area         11(3)

service         3

short stay site         3

shower         3

State instrumentality         11(3)

tap         Sch. 7 cl. 38

temporary licence         3

transit park         3

trust fund         59(11)

unallocated Crown land         11(3)

unmanaged reserve         11(3)