(1) In this section
—
material change , in relation to a residential
park, means an arrangement or restriction that is reasonably likely to occur
and might materially affect the occupation or use of a site or other park
premises in a park by the park operator or long-stay tenant.
Examples of material changes:
1. A sale or
redevelopment of the residential park.
2. A change in a
requirement of a licence a park operator is required to hold under a written
law that impacts on the tenant’s use of the park.
3. A change in the use
of land for which an approval of development is required under the
Planning and Development Act 2005 .
(2) This section
applies if, after a long-stay tenant has entered into a site-only agreement a
park operator becomes aware of a material change in relation to the
residential park where the site the subject of the long-stay agreement is
located.
(3) The park operator
must give the long-stay tenant a written notice stating how the tenant’s
use or enjoyment will be affected as soon as reasonably practicable after the
park operator becomes aware of the material change in relation to the park.
Penalty for this subsection: a fine of $5 000.
[Section 20A inserted: No. 28 of 2020 s. 20.]