New South Wales Consolidated Acts

HOLIDAY PARKS (LONG-TERM CASUAL OCCUPATION) ACT 2002 - SECT 3

3 Definitions

(1) In this Act--

"approved form" means a form approved by the principal registrar of the Tribunal.

"exercise" a function includes perform a duty.

"function" includes a power, authority or duty.

"holiday park" means--

(a) a caravan park (that is, land, including a camping ground, on which caravans, or caravans and other moveable dwellings, have been, are or are to be placed, installed or erected), or

(b) a manufactured home estate (that is, land on which manufactured homes have been, are or are to be placed),

whether or not the caravan park or manufactured home estate is the subject of an approval under the Local Government Act 1993 .

"investigator" means an investigator appointed under section 18 of the Fair Trading Act 1987 .

"long-term casual occupant" means an occupant under an occupation agreement to which this Act applies.

"manufactured home" means a self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities) that comprises one or more major sections, and is not a registrable moveable dwelling, and includes any associated structures that form part of the dwelling.

"moveable dwelling" means--

(a) any caravan or other van or other portable device (whether on wheels or not) other than a tent, used for human habitation, or

(b) a manufactured home, or

(c) any conveyance, structure or thing (other than a tent or similar structure) of a class or description prescribed by the regulations for the purposes of this definition.

"occupant" means a person who has the right to occupy a site under an occupation agreement.

"occupation agreement" means any agreement under which a person grants to another person for value a right to occupy a site--

(a) whether or not the right is a right of exclusive occupation, and

(b) whether the agreement is express or implied, and

(c) whether the agreement is oral or in writing, or partly oral and partly in writing.

"occupation fee" means an amount payable under an occupation agreement by an occupant in respect of a period of the occupancy.

"park manager" , in relation to a holiday park, means the person employed or appointed as park manager under section 45.

"park owner" , in relation to an occupation agreement, means any person who grants the right to occupy a site under the occupation agreement.

"relocatable home" means a moveable dwelling that is not--

(a) a moveable dwelling that is a motor vehicle, trailer or other registrable vehicle within the meaning of the Road Transport Act 2013 , or

(b) a moveable dwelling of a type prescribed by the regulations for the purposes of this paragraph.

"Secretary" means--

(a) the Commissioner for Fair Trading, Department of Customer Service, or

(b) if there is no person employed as Commissioner for Fair Trading--the Secretary of the Department of Customer Service.

"signed" includes executed by a corporation in any manner permitted by law.

"site" means a site within a holiday park that is used, or is intended to be used, for the installation of a moveable dwelling for long-term casual occupation and includes any other part of premises (such as a parking space or storeroom) let with the site.

"Tribunal" means the Civil and Administrative Tribunal.

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) In this Act, a reference to an occupant includes a person to whom an occupant has granted the right to occupy a site.

(3) For the purposes of determining whether an agreement is an occupation agreement as defined in subsection (1), it does not matter that the person granted the right of occupation is a corporation if the site is occupied (or intended for occupation) by a natural person.