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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Residential Parks Amendment
(Register) Bill 2011
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Residential Parks Act 1998 No 142 3
Schedule 2 Amendment of Residential Parks Regulation 2006 7
b2011-080-32.d20
New South Wales
Residential Parks Amendment
(Register) Bill 2011
No , 2011
A Bill for
An Act to amend the Residential Parks Act 1998 to provide for the establishment of
a register of residential parks and related matters.
Clause 1 Residential Parks Amendment (Register) Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Residential Parks Amendment (Register) Act 2011. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Residential Parks Amendment (Register) Bill 2011
Amendment of Residential Parks Act 1998 No 142 Schedule 1
Schedule 1 Amendment of Residential Parks Act 1
1998 No 142 2
[1] Section 3 Definitions 3
Omit the definitions of Department and Director-General from section 3 (1). 4
Insert instead: 5
Department means the Department of Finance and Services. 6
Director-General means: 7
(a) the Commissioner for Fair Trading, Department of 8
Finance and Services, or 9
(b) if there is no such position in the Department, the 10
Director-General of the Department. 11
[2] Part 13A 12
Insert after Part 13: 13
Part 13A Residential parks register 14
142A Direction to provide registrable information 15
(1) The Director-General may, by notice in writing to the park owner 16
or park manager of a residential park, require the park owner or 17
park manager to provide to the Director-General registrable 18
information about the residential park within a period specified in 19
the notice. 20
(2) The period specified must be a minimum of 30 days from the date 21
the notice is given to the park owner or park manager. 22
(3) The information is to be given in a form approved by the 23
Director-General. 24
(4) Information is not duly provided unless all particulars relating to 25
the registrable information required by the form are provided. 26
(5) A person must not fail to comply with a requirement made of the 27
person under this section. 28
Maximum penalty: 5 penalty units. 29
(6) For the purposes of this section, the following information is 30
registrable information about a residential park: 31
(a) the trading name, address and contact details of the 32
residential park, 33
(b) the name and contact details of the park owner or owners, 34
Page 3
Residential Parks Amendment (Register) Bill 2011
Schedule 1 Amendment of Residential Parks Act 1998 No 142
(c) the name and contact details of the park manager (if any), 1
(d) information relating to any relevant training, qualifications 2
or experience of the park owner and the park manager (if 3
any), 4
(e) whether the residential park has a residents committee and, 5
if so, the name and site number of at least one member of 6
the residents committee, 7
(f) whether the residential park has a Park Liaison Committee 8
and, if so, the name and site number of at least one resident 9
member of the Park Liaison Committee, 10
(g) information relating to the occupation and use of sites 11
located on the residential park, 12
(h) information relating to the commencement of operation of 13
the residential park, 14
(i) information relating to the residential park's membership 15
of any industry association, 16
(j) whether the residential park is located within a Crown 17
reserve or land that is reserved or dedicated under the 18
National Parks and Wildlife Act 1974. 19
142B Park owner must notify registrable events 20
(1) The park owner of a residential park must give the 21
Director-General notice of any registrable event for the 22
residential park within 30 days after becoming aware that the 23
event has occurred. 24
Maximum penalty: 5 penalty units. 25
(2) The notice is to be given in a form approved by the 26
Director-General. 27
(3) Notice is not duly given unless all particulars relating to the 28
registrable event required by the form are given. 29
(4) A notice under this section may be provided by the park manager 30
of a residential park on behalf of the park owner. 31
(5) For the purposes of this section, each of the following events is a 32
registrable event for a residential park: 33
(a) a change in the trading name of the residential park, 34
(b) a change in park owner or owners, 35
(c) a change in park manager, 36
(d) the closure of the residential park, 37
Page 4
Residential Parks Amendment (Register) Bill 2011
Amendment of Residential Parks Act 1998 No 142 Schedule 1
(e) the opening of the residential park, 1
(f) a significant change in the number of sites used for 2
permanent occupancy (permanent occupancy sites) at the 3
residential park. 4
(6) A requirement under this section to notify the closure of a 5
residential park applies to any person who was the park owner of 6
the residential park immediately before the closure occurred. 7
(7) For the purposes of this section, there is a significant change in 8
the number of permanent occupancy sites at a residential park if 9
the number of permanent occupancy sites increases or decreases 10
by 10% or 10 (whichever is the greater number). 11
(8) To determine whether a significant change has occurred, the 12
increase or decrease in the number of permanent occupancy sites 13
is to be calculated by reference to the number of permanent 14
occupancy sites at the residential park as last notified to the 15
Director-General by the park owner or park manager under this 16
Part. 17
142C False or misleading information 18
A person must not, in purported compliance with any 19
requirement made by or under this Part, provide to the 20
Director-General any information that the person knows is false 21
or misleading in a material particular. 22
Maximum penalty: 20 penalty units. 23
142D Register of residential parks 24
(1) The Director-General is to establish and maintain a register of 25
residential parks. 26
(2) The Director-General is to enter in the register all information 27
about residential parks provided to the Director-General under 28
this Part. 29
(3) The following information entered in the register may be made 30
available to the public: 31
(a) the trading name of a residential park, 32
(b) the address of a residential park, 33
(c) the contact details for a residential park. 34
(4) The Director-General may alter or remove any information 35
entered in the register for the purpose of correcting an error or 36
omission or updating its contents. 37
Page 5
Residential Parks Amendment (Register) Bill 2011
Schedule 1 Amendment of Residential Parks Act 1998 No 142
[3] Schedule 1 Savings and transitional provisions 1
Insert at the end of clause 1 (1): 2
Residential Parks Amendment (Register) Act 2011 3
[4] Schedule 1, Part 5 4
Insert after Part 4: 5
Part 5 Provisions consequent on enactment of 6
Residential Parks Amendment (Register) 7
Act 2011 8
27 Register of park information 9
Section 142B, as inserted by the Residential Parks Amendment 10
(Register) Act 2011, applies only to an event that occurs after the 11
commencement of that section. 12
Page 6
Residential Parks Amendment (Register) Bill 2011
Amendment of Residential Parks Regulation 2006 Schedule 2
Schedule 2 Amendment of Residential Parks 1
Regulation 2006 2
Schedule 8 Penalty notice offences 3
Insert in appropriate order in Columns 1 and 2, respectively: 4
5
Section 142A (5) $220
Section 142B (1) $220
Page 7
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