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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Residential (Land Lease) Communities
Amendment Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Residential (Land Lease) Communities Act 2013 No
97 3
Schedule 2 Amendment of Residential (Land Lease) Communities Regulation
2015 16
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2024
New South Wales
Residential (Land Lease) Communities
Amendment Bill 2024
Act No , 2024
An Act to amend the Residential (Land Lease) Communities Act 2013 to implement various
recommendations arising from the statutory review of the Act; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Residential (Land Lease) Communities Amendment Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Residential (Land Lease) Communities Amendment Act 2024.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
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Residential (Land Lease) Communities Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Residential (Land Lease) Communities Act 2013 No 97
Schedule 1 Amendment of Residential (Land Lease)
Communities Act 2013 No 97
[1] Section 4 Definitions
Omit section 4(1), definitions of tenant and utility charge.
[2] Section 4(1)
Insert in alphabetical order--
capital gain, for Part 4, Division 3--see section 34A.
capital share amount, for Part 4, Division 3--see section 34B(b)(i).
embedded network, for Part 7--see section 75A.
exempt seller, for Part 7--see section 75A.
National Electricity Rules, for Part 7--see section 75A.
on-site premium, for Part 4, Division 3--see section 34B(b)(ii).
retailer, for Part 7--see section 75A.
tenant means a person who has the right to occupy a residential site in a
community under a tenancy agreement relating to the residential site.
third party supplier, for Part 7--see section 75A.
utility charge means--
(a) for electricity--a daily supply charge or usage charge for the supply of
electricity, or
(b) for another utility--a service availability charge or usage charge for the
supply of the utility.
voluntary sharing arrangement, for Part 4, Division 3--see section 34B.
VSA site agreement, for Part 4, Division 3--see section 34C(2).
[3] Part 4 Entering into site agreements
Insert after Division 2--
Division 3 Voluntary sharing arrangements
34A Definitions
In this division--
capital gain, for a home, means the increase, if any, between the amount the
home owner paid for the home and the amount for which the home owner
subsequently sells the home, without regard to site fees or other fees or charges
payable under the site agreement in relation to the site on which the home is
located.
capital share amount--see section 34B(b)(i).
on-site premium--see section 34B(b)(ii).
VSA site agreement--see section 34C(2).
34B Meaning of "voluntary sharing arrangement"
A voluntary sharing arrangement means the terms of a site agreement under
which the home owner agrees to pay the operator of the community either or
both of the following--
(a) site fees the payment of which is deferred as specified in the site
agreement,
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Schedule 1 Amendment of Residential (Land Lease) Communities Act 2013 No 97
(b) if the home owner sells the home--either of the following amounts --
(i) a specified share of any capital gain for the home realised by the
home owner (a capital share amount),
(ii) a portion of the total sale price of the home determined in the way
specified in the agreement (an on-site premium).
34C Voluntary sharing arrangements in site agreements
(1) A site agreement may include a voluntary sharing arrangement.
(2) A site agreement that includes a voluntary sharing arrangement (a VSA Site
agreement) must not include--
(a) a term that requires the home owner to pay an entry fee or exit fee, or
both, to the operator of the community, or
(b) a term that requires the home owner to pay a capital share amount or
on-site premium to the operator of the community if the home--
(i) is sold to be removed from the residential site, or
(ii) is purchased by--
(A) the operator of the community, or
(B) a close associate of the operator.
(3) Subsection (2)(a) does not apply to a site agreement entered into before the
commencement of this section.
(4) In this section--
entry fee means a fixed fee relating to the entry into or establishment of the
site agreement that is payable by the home owner--
(a) on or before entry into the site agreement, or
(b) as otherwise specified in the agreement.
exit fee means a fixed fee payable by the home owner if the home owner sells
the home or the home is removed from the residential site, but does not
include--
(a) a capital share amount, or
(b) an on-site premium.
34D Payment of amounts payable under voluntary sharing arrangements
(1) If the home owner sells the home and the operator of the community is the
selling agent, the operator may deduct the amounts payable to the operator
under a voluntary sharing arrangement from any proceeds of the sale held by
the operator in accordance with the site agreement.
(2) If the home owner sells the home and the operator of the community is not the
selling agent, the home owner must pay the amounts payable to the operator
under a voluntary sharing arrangement within 14 days of the sale being
finalised.
(3) The Tribunal may, at any time, on application by the operator of the
community, make an order requiring the home owner to pay an amount owing
to the operator under a voluntary sharing arrangement together with interest
determined by the Tribunal.
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Schedule 1 Amendment of Residential (Land Lease) Communities Act 2013 No 97
34E Requirements for entering into voluntary sharing arrangements
(1) The operator of a community must not enter into a VSA site agreement with a
person (the contracting party) unless the operator first offers to instead enter
into a rent only site agreement with the contracting party.
(2) Before entering into the VSA site agreement with the contracting party, the
operator of the community must--
(a) provide the contracting party with written information regarding the
costs under a VSA site agreement compared with the costs under a rent
only site agreement, and
(b) advise the contracting party to seek independent advice about the
voluntary sharing arrangement included in the proposed VSA site
agreement.
(3) The VSA site agreement must include--
(a) a declaration, signed by both parties to the agreement, that the operator
of the community offered to instead enter into a rent only site agreement
with the contracting party and the contracting party declined the offer to
enter into the rent only site agreement, and
(b) a declaration, signed by the contracting party, that the contracting
party--
(i) obtained independent advice about the voluntary sharing
arrangement included in the VSA site agreement before entering
into the VSA site agreement, or
(ii) waived the contracting party's right to obtain independent advice
about the voluntary sharing arrangement included in the VSA site
agreement before entering into the VSA site agreement.
(4) The voluntary sharing arrangement is void if this section is contravened.
(5) The regulations may prescribe information, or the kinds of information, that
must be provided to the contracting party under subsection (2)(a).
(6) In this section--
fair market value means the higher of the following--
(a) the site fees currently payable by the home owner occupying the
residential site,
(b) the site fees currently payable for residential sites of a similar size and
location within the same community.
rent only site agreement means a site agreement--
(a) that does not include a voluntary sharing arrangement, and
(b) under which the site fees payable do not exceed fair market value.
[4] Section 37 Operator's responsibilities
Omit section 37(1)(h). Insert instead--
(h) to have in place emergency evacuation procedures and to--
(i) take reasonable steps to ensure that all residents are aware of the
procedures, and
(ii) test the procedures at least once per year and keep a record of
tests conducted,
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[5] Section 39 Access to residential site by operator
Omit "and any home located on it," from section 39(1).
[6] Section 39(1A)
Insert after section 39(1)--
(1A) The operator of a community, or a person acting on the operator's behalf, may
enter a home located on a residential site while a site agreement is in force for
the site in the following circumstances only--
(a) with the consent of the occupier of the home given at the time of entry,
(b) in an emergency if necessary to avert danger to life,
(c) to comply with an obligation under another Act or law,
(d) in accordance with an order of the Tribunal.
[7] Section 39(2)
Insert "or (1A)" after "subsection (1)".
[8] Section 42 Alterations and additions to, and replacement of, homes
Insert after section 42(3)--
(3A) A home owner may, without the operator's consent--
(a) install door screens or window locks, screens or shutters on the home, or
(b) make any other minor alterations or additions to the home prescribed by
the regulations.
(3B) The alteration of, an addition to, or the replacement of, a home must not
contravene--
(a) the Environmental Planning and Assessment Act 1979 and the
regulations made under that Act, or
(b) the Local Government Act 1993 and the regulations made under that
Act, or
(c) an approval, consent or certificate under an Act or law referred to in
paragraphs (a) and (b).
[9] Section 42(5)
Omit the subsection. Insert instead--
(5) The Tribunal must not make an order under this section if the alteration,
addition or replacement would contravene an Act or law, or an approval,
consent or certificate, referred to in subsection (3B)(a)-(c).
[10] Section 43 Dilapidation
Omit section 43(1). Insert instead--
(1) If the operator of a community reasonably believes any of the following
defects exist, the operator may issue a written notice to the home owner
requiring the home owner to carry out work to rectify the defect within 60
days--
(a) significant dilapidation of the home owner's home,
(b) significant dilapidation of the residential site on which the home is
located that was caused by the home owner,
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(c) either of the following, made by the home owner in a way likely to cause
serious health or safety risks to other persons--
(i) the alteration of, or an addition to, an external feature of the
home,
(ii) the alteration or addition of a fixture on the residential site.
[11] Section 49A
Insert after section 49--
49A Notice of development application or planning proposal
(1) This section applies if the operator of a community intends to lodge a
development application or planning proposal that may affect the community
(the affected community).
(2) The operator must give each potentially affected resident written notice of the
operator's intention to lodge the development application or planning
proposal.
(3) The notice must--
(a) be given to each resident at least 30 days before the operator lodges the
development application or planning proposal, and
(b) include a brief summary of the development application or planning
proposal.
(4) In this section--
potentially affected resident means a person who--
(a) is a resident of the affected community, and
(b) will potentially be affected by the development application or proposal.
[12] Section 65 How site fees may be increased
Omit section 65(2)(a)(ii). Insert instead--
(ii) by a fixed calculation that does not use more than 1 element to
calculate the increase,
Examples--
• the increase is calculated using Consumer Price Index rates
• the increase is calculated using the variation in the age pension
[13] Section 66 Increase of site fees by fixed method
Insert after section 66(8)--
(9) Site fees must not be increased under this section--
(a) if the fixed method is a fixed calculation that uses the variation in the
age pension to calculate the increase--more than twice in a 12-month
period, or
(b) otherwise--more than once in a 12-month period.
[14] Section 67 Increase of site fees by notice
Omit section 67(4)(e). Insert instead--
(e) if the increase in site fees is wholly or partly attributable to the increase
in the cost of specific items--
(i) include details of the items, and
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Schedule 1 Amendment of Residential (Land Lease) Communities Act 2013 No 97
(ii) include details of the increase in the cost of the items since the
previous increase in site fees, and
(iii) include details of how the operator has apportioned the costs for
the relevant items when calculating the increased site fees, and
(f) be in the approved form, if any.
[15] Section 74 Matters to be considered about excessive increases
Omit section 74(1)(f).
[16] Section 75A
Insert before section 76--
75A Definitions
In this part--
embedded network has the same meaning as in the National Electricity Rules.
exempt seller has the same meaning as in the National Energy Retail Law
(NSW).
National Electricity Rules has the same meaning as in the National Energy
Retail Law (NSW).
retailer has the same meaning as in the National Energy Retail Law (NSW).
third party supplier, for a community, means a person that the operator of the
community has entered into an agreement with to operate an embedded
network or provide billing services, or both, for the community.
[17] Section 77
Omit the section. Insert instead--
77 Utility charges payable to operator or third party supplier
(1) This section applies if--
(a) a home owner is required, under a site agreement, to pay utility
charges--
(i) to the operator of the community or a third party supplier for the
community for the use of electricity supplied to the residential
site through an embedded network, or
(ii) to the operator for the use of a utility other than electricity at the
residential site, or
(b) a tenant is required, under a tenancy agreement, to pay utility charges to
the operator of the community or a third party supplier for the
community for the use of electricity supplied to the residential site
through an embedded network.
(2) The home owner is not required to pay the utility charges unless--
(a) usage is separately measured or metered, and
(b) the operator or third party supplier gives the home owner an itemised
account in accordance with section 83, and
(c) the home owner is given at least 21 days to make the payment.
(3) The tenant is not required to pay the utility charges for the use of electricity
unless--
(a) the operator or third party supplier gives the tenant an itemised account
in accordance with section 83, and
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(b) the tenant is given at least 21 days to make the payment.
Note-- See the Residential Tenancies Act 2010, section 40 and the Residential
Tenancies Regulation 2019, clause 34 in relation to the metering requirements relating
to a tenant's liability to pay utility charges.
(4) The operator or third party supplier must not charge a daily supply charge, or
usage charge per kWh, for the use of electricity that is more than, respectively,
the daily supply charge, or usage charge per kWh, that would be payable under
the community's comparable market offer.
Maximum penalty--20 penalty units.
(5) For the purposes of subsection (4), the Independent Pricing and Regulatory
Tribunal must determine the median retail market offer for residential
customers for each distribution district in accordance with the regulations.
(6) The operator must not charge an amount for the use of a utility other than
electricity that is more than the amount charged by the utility service provider
for the quantity of the service supplied to, or used at, the residential site.
Maximum penalty--20 penalty units.
(7) The regulations may--
(a) prescribe maximum utility charges payable to the operator of a
community or a third party supplier for a community, and
(b) make it an offence for the operator of a community or a third party
supplier for a community to request or receive payment for a utility
charge that is more than the relevant maximum utility charge, and
(c) provide for discounts to daily supply charges payable for electricity if
less than 60 amps is supplied to the residential site, and
(d) provide for the publication of comparable market offers for
communities.
(8) In this section--
comparable market offer, in relation to a community, means the median retail
market offer for residential customers, determined by the Independent Pricing
and Regulatory Tribunal under subsection (5), for the distribution district of
the community's network service provider.
distribution district has the same meaning as in the Electricity Supply Act
1995.
market offer has the same meaning as in the National Energy Retail Law
(NSW).
network service provider has the same meaning as in the National Electricity
Rules.
[18] Section 77A
Insert after section 77--
77A Embedded network electricity charges
(1) This section applies if--
(a) electricity is supplied to residential sites in a community through an
embedded network, and
(b) the operator of the community or a third party supplier for the
community sells the electricity to home owners or tenants, or both, in
the community.
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(2) The selling entity for the community must, at least once per year, give each
home owner and tenant written notice of the charges payable by the selling
entity for the supply of electricity to the parent connection point from which
electricity is supplied to each site.
Maximum penalty--10 penalty units.
(3) The selling entity must review the offer under the selling entity's contract with
the retailer for the supply of electricity to the parent connection point (the
supply contract)--
(a) if the current supply contract has a contract period of more than 2
years--before entering into the next supply contract, or
(b) otherwise--at least once every 2 years.
Maximum penalty--10 penalty units.
(4) However, if the selling entity is both a third party supplier for the community
and the retailer supplying electricity to the parent connection point, a review
under subsection (3) must be carried out by the operator of the community.
(5) The person carrying out a review under subsection (3) must, for the purposes
of ensuring the offer under the supply contract is the best available offer for
the embedded network, compare the offer with at least 1 other comparable
offer from another retailer.
(6) The person carrying out a review under subsection (3) must, within 30 days of
completing the review, give each home owner and tenant written notice of the
review, including details of--
(a) the comparable offers considered by the person, and
(b) the outcome of the review.
Maximum penalty--10 penalty units.
(7) In this section--
selling entity, for a community, means--
(a) if the electricity is sold to home owners or tenants, or both, by a third
party supplier for the community--the third party supplier, or
(b) otherwise--the operator of the community.
parent connection point has the same meaning as in the National Electricity
Rules.
[19] Section 78 Unpaid utility charges
Omit section 78(1). Insert instead--
(1) The operator of a community or a third party supplier may charge a fee for a
late or dishonoured payment if--
(a) the payment relates to utility charges payable by a home owner or tenant
for the use of electricity, and
(b) the fee is not more than the amount that the operator or third party
supplier can charge as a retailer or exempt seller.
(1A) The operator may charge a fee for a late or dishonoured payment if--
(a) the payment relates to utility charges payable by a home owner or tenant
for the use of a utility other than electricity, and
(b) the fee is not more than the amount that could have been charged if the
service was supplied directly to the home owner or tenant by the utility
service provider.
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[20] Section 78(2)
Insert "or third party supplier" after "operator" wherever occurring.
[21] Sections 78(2) and (3)(a) and 85(1)
Insert "or tenant" after "home owner" wherever occurring.
[22] Section 83
Omit the section. Insert instead--
83 Bills for utility charges
(1) The billing entity for a community must comply with the requirements relating
to billing for electricity and gas specified in--
(a) if the operator of the community or a third party supplier for the
community is a retailer--the National Energy Retail Rules, or
(b) if the operator of the community or a third party supplier for the
community is an exempt seller--the AER Exempt Selling Guidelines.
(2) The billing entity for a community must issue a bill to the following person for
utility charges payable for the use of a utility, other than electricity and gas, at
least once every 3 months--
(a) if the utility charges are payable by, and billed directly to, a tenant in a
residential site--the tenant,
(b) otherwise--the home owner required to pay the utility charges.
(3) A bill issued under subsection (2) must include the following--
(a) the home owner's or tenant's name,
(b) the operator's name and trading name, if any,
(c) the operator's contact details,
(d) the name and address of the community,
(e) the number or other identifier of the residential site,
(f) the number or other identifier of the meter, if any, for the home,
(g) the date of issue,
(h) the date on which payment is due,
(i) the billing period,
(j) the charges, fees and tariffs that apply and how each was calculated,
including the following--
(i) the service availability charge,
(ii) the number of days in the billing period,
(iii) the usage rate,
(iv) the total usage charge,
(k) in relation to meter readings or estimates, if applicable--
(i) whether an estimate has been applied, and
(ii) the dates on which meter readings were taken, or for which an
estimate applies, during the billing period, and
(iii) the meter reading or estimate, and
(iv) the meter reading or estimate for the last bill issued, and
(v) the quantity of the service used, or estimated to have been used,
during the billing period,
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(l) the amount, if any, deducted or credited under--
(i) a concession, rebate or relief scheme, or
(ii) a payment plan,
(m) details of the available payment methods,
(n) a telephone number for the purpose of making a billing enquiry or
complaint, if not included in the operator's contact details.
(4) The billing entity for a community, must give a home owner or tenant
reasonable access to utility bills and other documents relating to utility charges
payable by the home owner or tenant.
Maximum penalty--10 penalty units.
(5) In this section--
billing entity, for a community, means--
(a) if utility bills are issued by a third party supplier for the community--
the third party supplier, or
(b) if utility bills are issued by another entity on behalf of the operator of
the community--the other entity, or
(c) otherwise--the operator of the community.
National Energy Retail Rules has the same meaning as in the National Energy
Retail Law (NSW).
National Electricity Rules has the same meaning as in the National Energy
Retail Law (NSW).
AER Exempt Selling Guidelines has the same meaning as in the National
Energy Retail Law (NSW).
[23] Section 84
Omit the section. Insert instead--
84 Receipts for utility payments
(1) If a home owner or tenant pays for utility charges in person, the person
receiving the payment must immediately give the home owner or tenant a
receipt that includes the following--
(a) the home owner's or tenant's name,
(b) the name and address of the community,
(c) the number or other identifier of the residential site,
(d) the date on which payment was received,
(e) the billing period for which the utility charges are paid,
(f) the amount paid,
(g) the amount, if any, by which the home owner is in debit or credit as at
the date of payment.
Maximum penalty--10 penalty units.
(2) If a home owner or tenant pays for utility charges in another way and asks for
a receipt, the person receiving the payment must, as soon as practicable after
receiving the payment, give the home owner or tenant a receipt that includes
the information specified in subsection (1)(a)-(g).
Maximum penalty--10 penalty units.
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[24] Section 85 Recovery of amounts paid under a mistake of law or fact
Insert "of a community or a third party supplier" after "operator" in section 85(1).
[25] Section 85(3)
Insert ", tenant" after "home owner".
[26] Section 85A
Insert after section 85--
85A Review of part
(1) The Minister must review this part to determine whether the policy objectives
of the part relating to utility charges for electricity remain valid and whether
the provisions of the part remain appropriate for securing the objectives.
(2) In undertaking the review, the Minister may investigate related matters that the
Minister considers appropriate.
(3) The review must be undertaken within 3 years of the day this section
commences.
(4) A report on the outcome of the review and related investigations must be
tabled in each House of Parliament within 4 years of the day this section
commences.
[27] Section 109 Operator to enter new site agreement
Insert "same" before "community" in section 109(6)(b).
[28] Sections 110 and 111
Omit the sections.
[29] Section 127 Termination by operator for lack of authority for use of residential site
Omit "90 days" from section 127(2). Insert instead "120 days".
[30] Section 127(3)
Omit the subsection. Insert instead--
(3) A home owner whose site agreement is terminated under this section is
entitled to be paid compensation in accordance with Division 6 if the
residential site--
(a) was, unknown to the home owner, not lawfully useable for the purposes
of a residential site at the time the agreement was entered into, or
(b) became, through some action of the operator of the community after the
agreement was entered into, not lawfully useable for the purposes of a
residential site.
[31] Section 128 Termination by operator for non-use of residential site
Omit the section.
[32] Section 139 Application of this Division
Omit ", 128 (for non-use of residential site)".
[33] Schedule 2 Savings and transitional provisions
Insert after Part 2--
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Part 3 Provisions consequent on Residential (Land Lease)
Communities Amendment Act 2024
21 Definitions
In this part--
amended, in relation to a provision of this Act, means the provision as in force
on and from the commencement day.
commencement day means the day on which this clause commences.
compliant site agreement means a site agreement that--
(a) replaces an existing site agreement that provides for the increase of the
site fees payable under the agreement by a fixed method that does not
comply with amended sections 65 and 66, and
(b) complies with requirements of the Act as in force from the
commencement.
existing site agreement means a site agreement between the operator of a
community and a home owner that is in force at the commencement day.
previous, in relation to a provision of this Act, means the provision as in force
before the commencement day.
transition day means the day that is 12 months after the commencement day.
variation agreement, for an existing site agreement, means a written
agreement to either--
(a) vary the fixed method by which site fees are increased under the
existing site agreement so that it complies with amended sections 65
and 66, or
(b) vary the terms of the existing site agreement to provide for the increase
of site fees by notice under section 67.
22 Continuing application of previous sections 65 and 66 to particular existing
site agreements until transition day
(1) This clause applies in relation to an existing site agreement if, on the
commencement day, the agreement provides for the increase of the site fees
payable under the agreement by a fixed method that does not comply with
amended sections 65 and 66.
(2) Despite amended sections 65 and 66, previous sections 65 and 66 continue to
apply in relation to the increase of site fees under the existing site agreement
until the earlier of the following--
(a) the transition day,
(b) the day on which the parties to the existing site agreement enter into
either--
(i) a variation agreement for the existing site agreement, or
(ii) a compliant site agreement.
23 Effect of failure to enter into variation agreement or compliant site agreement
by transition day
(1) This clause applies if the parties to the existing site agreement have not entered
into a variation agreement or compliant site agreement by the transition day.
(2) From the transition day, despite the terms of the existing site agreement--
(a) clause 22 stops applying in relation to the existing site agreement, and
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(b) the site fees payable under the existing site agreement may only be
increased by notice, and
(c) section 67 applies to the site agreement as if the site agreement provides
for the increase of the site fees by notice.
24 Effect of entering into variation agreement or compliant site agreement after
transition day
(1) This clause applies if the parties to the existing site agreement enter into a
variation agreement or compliant site agreement after the transition day.
(2) On and from the day the parties enter into the variation agreement or compliant
site agreement and subject to Part 6, Division 3--
(a) if the parties entered into a variation agreement for the existing site
agreement--
(i) clause 23 stops applying in relation to the increase of site fees
payable under the existing site agreement, and
(ii) site fees payable under the existing agreement are to be increased
in accordance with the existing site agreement as varied by the
variation agreement, or
(b) if the parties entered into a compliant site agreement--site fees payable
under the compliant site agreement are to be increased in accordance
with the terms of the compliant site agreement.
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Residential (Land Lease) Communities Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Residential (Land Lease) Communities Regulation 2015
Schedule 2 Amendment of Residential (Land Lease)
Communities Regulation 2015
[1] Clause 10A
Insert after clause 10--
10A Determination and publication of comparable market offers--the Act, section
77(5) and (7)(d)
(1) The Independent Pricing and Regulatory Tribunal must determine the median
retail market offer for residential customers (the median retail offer) for each
distribution district at least once every 12 months.
(2) As soon as practicable after determining the median retail offer for each
distribution district, the Independent Pricing and Regulatory Tribunal must
give the Commissioner written notice of the following--
(a) the median retail offer for each distribution district,
(b) the date from which the determination takes effect.
(3) As soon as practicable after receiving written notice under subclause (2), the
Commissioner must publish the following information on a publicly available
website--
(a) the median retail offer for each distribution district,
(b) the date from which the determination takes effect.
[2] Clause 11 Maximum service availability charge generally
Omit "or regulated offer retailer" from clause 11(1).
[3] Clause 13
Omit the clause. Insert instead--
13 Requesting or receiving payment that is more than maximum utility charge
(1) For the Act, section 77(7)(b), the operator of a community or a third party
supplier for a community must not request that a home owner or tenant pay, or
receive payment from a home owner or tenant for, a daily supply charge that
is more than the daily supply charge referred to in the Act, section 77(4).
Maximum penalty--10 penalty units.
(2) The operator of a community must not request that a home owner pay, or
receive payment from a home owner for, a service availability charge for a
service that is more than the maximum service availability charge prescribed
for the service under clause 11 or 12.
Maximum penalty--10 penalty units.
[4] Clause 14
Omit the clause. Insert instead--
14 Discounted daily supply charges for electricity
For the Act, section 77(7)(c), if less than 60 amps of electricity is normally
supplied to a residential site, the following discount must be applied to the
daily supply charges payable by the home owner or tenant for the supply of
electricity--
(a) if less than 30 amps is supplied--a 60% discount,
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Residential (Land Lease) Communities Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Residential (Land Lease) Communities Regulation 2015
(b) if at least 30 amps but not more than 60 amps is supplied--a 30%
discount.
[5] Schedule 1 Standard form of residential site agreement
Omit "service availability" from clause 9.2 under the heading Utilities.
Insert instead "daily supply".
[6] Schedule 1, Utilities, clause 10.1
Insert "other than electricity" after "a utility".
[7] Schedule 1, Utilities, clause 10.2
Omit "clauses 10.3 and 9.2". Insert instead "clause 10.3".
[8] Schedule 1, Utilities, clause 10.3A
Insert after clause 10.3--
10.3A subject to clause 9.2 of this agreement--a daily supply charge, or
usage charge per kWh, for the use of electricity that is more than,
respectively, the daily supply charge, or usage charge per kWh,
that would be payable under the community's comparable market
offer.
[9] Schedule 1, Definitions, interpretation and operation of this agreement
Insert in alphabetical order in clause 31--
comparable market offer, in relation to a community, means the median retail
market offer for residential customers, determined by the Independent Pricing
and Regulatory Tribunal under the Act, section 77(5), for the distribution
district of the community's distribution network service provider.
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