New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 4

4 Definitions

(1) In this Act--

"approved form" means a form approved by the Commissioner.

"capital gain" , for Part 4, Division 3--see section 34A.

"capital share amount" , for Part 4, Division 3--see section 34B(b)(i).

"close associate" of an operator includes any of the following--

(a) the spouse or relative of the operator,

(b) an employee or agent of the operator,

(c) a company of which the operator is a director, employee or agent,

(d) a person who has a relationship with the operator that is of a kind prescribed by the regulations.

"Commissioner" 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.

"common area" means any amenities, building, facilities, open space, road or other area provided for common use.

"community" or
"residential community" means an area of land that comprises or includes sites on which homes are, or can be, placed, installed or erected for use as residences by individuals, being land that is occupied or made available for occupation by those individuals under an agreement or arrangement in the nature of a tenancy, and includes any common areas made available for use by those individuals under that agreement or arrangement.

Note : A community may be--

(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 as defined in the Local Government Act 1993 (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 .

"community rules" for a community means the rules made under Part 8 for the community.

"disclosure statement" means a disclosure statement provided in accordance with section 21.

"embedded network" , for Part 7--see section 75A.

"exempt seller" , for Part 7--see section 75A.

"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.

"home" 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 as defined in the Local Government Act 1993 , or

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

"home owner" means--

(a) a person who owns a home on a residential site in a community that is the subject of a site agreement (whether or not the person resides at the site), or

(b) a person who obtains an interest in a site agreement as the personal representative, or a beneficiary of the estate, of a deceased individual who, immediately before the individual's death, was a person mentioned in paragraph (a), or

(c) another successor in title of a person mentioned in paragraph (a),

but does not include any person, or any person of a class, excluded from this definition by the regulations.

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

"National Electricity Rules" , for Part 7--see section 75A.

"office holder" means the chairperson or secretary of a residents committee (who is elected under Part 9).

"on-site premium" , for Part 4, Division 3--see section 34B(b)(ii).

"operator" of a community means a person who is--

(a) the person who manages, controls or otherwise operates the community, including by granting rights of occupancy under site agreements or tenancy agreements, whether or not the person is an owner of the community, or

(b) the personal representative, or a beneficiary of the estate, of a deceased individual who, immediately before the individual's death, was a person mentioned in paragraph (a), or

(c) a mortgagee in possession of a community for which site agreements are in force, or

(d) another successor in title of a person mentioned in paragraph (a),

other than a person, or a person of a class, excluded from this definition by the regulations.

"owner" of a community means--

(a) the owner of land on which the community is located, or

(b) the personal representative, or a beneficiary of the estate, of a deceased individual who, immediately before the individual's death, was a person mentioned in paragraph (a), or

(c) a mortgagee in possession of a community for which site agreements are in force, or

(d) another successor in title of a person mentioned in paragraph (a),

other than a person, or a person of a class, excluded from this definition by the regulations.

"prospective home owner" means a person who indicates (or on whose behalf it is indicated) to the operator of a community that he or she is (or might be) interested in becoming a home owner in the community.

"Register" means the Register of Communities kept by the Commissioner under Part 3.

"resident" means a person who is a home owner or tenant in a community.

"residential community" --see the definition of
"community" .

"residential site" means a site in a community for a home that is used, or is intended to be used, as a residence by an individual.

"residents committee" , in relation to a community, means the residents committee for that community under Part 9.

"retailer" , for Part 7--see section 75A.

"site agreement" means an agreement under which the operator of a community grants to another person for value a right of occupation of a residential site in the community.

Note : A site agreement gives rise to a tenancy.

"site fees" means money paid or payable by a home owner to an operator on a periodic basis for occupation of a residential site under a site agreement.

"tenancy agreement" means a residential tenancy agreement within the meaning of the Residential Tenancies Act 2010 .

"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.

"termination notice" means a termination notice under Part 11 given by a party to a site agreement.

"termination order" means a termination order under Part 11 made by the Tribunal.

"third party supplier" , for Part 7--see section 75A.

"Tribunal" means the Civil and Administrative Tribunal.

"utility" means any of the following services--

(a) electricity,

(b) gas,

(c) sewerage,

(d) water,

(e) another service prescribed by the regulations.

"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).

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

(2) If there are 2 or more operators of a community--

(a) a reference (however expressed) in this Act to the operator is a reference to any one or more of them, and

(b) without limiting paragraph (a), it is sufficient compliance with the requirements of this Act and the regulations if any of them exercises the functions of the operator under this Act or the regulations.

(3) If there are 2 or more owners of a community, subsection (2) applies to the owners in the same way as it applies to 2 or more operators of a community.

(4) Notes included in this Act do not form part of this Act.