Caravan Parks and Camping Grounds Amendment Regulations 2020 (WA)

3 March 2020 GOVERNMENT GAZETTE, WA 469

LOCAL GOVERNMENT

LG301

Caravan Parks and Camping Grounds Act 1995

Caravan Parks and Camping Grounds

Amendment Regulations 2020

SL 2020/12

Made by the Governor in Executive Council.

1.   Citation

These regulations are the Caravan Parks and Camping Grounds

Amendment Regulations 2020.

2.   Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3. Regulations amended

These regulations amend the Caravan Parks and Camping

Grounds Regulations 1997.

4.           Regulation 3 amended

In regulation 3 insert in alphabetical order:

Builders' Registration Act 1939".

builder means a building service practitioner registered

under the Building Services (Registration) Act 2011
section 17 in the class of building practitioner;

5.           Regulation 32 amended

In regulation 32(1), (la) and (4)(a) delete "registered under the

Builders' Registration Act 1939".

6.           Regulation 36 amended

In regulation 36(1) and (4)(a) delete "registered under the

470 GOVERNMENT GAZETTE, WA 3 March 2020

7.            Part 4A inserted

After regulation 40 insert:

Part 4A Manufactured homes and
attachments

40A. Terms used

In this Part—
attachment means an attachment to a manufactured

home that -

(a)	is used as an extension of the habitable area of that manufactured home; and
(b)	has walls and a roof and can be assembled or dismantled within 24 hours by no more than 2 people;

flexible attachment means an attachment made entirely

of flexible material except for -

(a)	the supporting frame; and
(b)	any windows or doors, which may be made of flexible or rigid material;

manufactured home -

(a) means a structure that -

(i)     is not a vehicle, train, vessel or aircraft; and

(ii)     is movable or capable of movement; and

(iii)     is fitted or designed for habitation; and

(iv)     immediately prior to 1 July 2019 was

located at a place with purported

approval;

and

(b) unless the contrary intention appears, includes
an attachment;

purported approval means approval given, purportedly under regulation 30(1), for a manufactured home to be brought onto a place, notwithstanding that -

(a)	the manufactured home was not a park home; or
(b)	the place was not a facility;

rigid attachment means an attachment that is not a

flexible attachment.

40B. Manufactured homes and attachments

(1) These regulations (other than the provisions listed in
the Table and regulations 30, 31, 34, 35 and 36) apply

3 March 2020 GOVERNMENT GAZETTE, WA 471

to and in relation to a manufactured home in a facility

and an attachment in a facility as if—

(a)	a manufactured home were a caravan; and
(b)	a manufactured home were a park home; and
(c)	a manufactured home were not -

(i)     a building for the purposes of Schedule 7 clause 11(1); or

(ii)     a residential building for the purposes of Schedule 7 clause 11(3);

and

(d)	an attachment were an annexe; and
(e)	a flexible attachment were a flexible annexe; and

(1)      a rigid attachment were a rigid annexe; and

(g) in regulations 15(1) and 19(1 )(k) the following
words were deleted -

(i)     "has wheels attached to it, or in the case of a park home assembled from components, each component of the park home has wheels attached to it, and"; and

(ii)     "under its own power or by being towed,";

and

(h) in regulation 15(2) the words "moved, under its
own power or by being towed." were deleted
and replaced with "moved."; and

(i)      in Schedule 5 clause 4(2) the word "parked" were deleted and replaced with "located".

Table

r. 3 def, of park home park	r. 4
r.5	r.9
r. 32	r. 65(d)(i)
r. 72	Sch. 5 ci. 3
Sch. 7 ci. 52(1)
(2)	Regulations 30, 31, 34 and 35 apply to and in relation to a manufactured home and an attachment as if—

(a)	a manufactured home were a caravan; and
(b)	a manufactured home were a park home; and
(c)	an attachment were an annexe; and
(d)	a rigid attachment were a rigid annexe; and

472 GOVERNMENT GAZETTE, WA 3 March 2020

(e) in regulations 30(2)(b) and 3 1(2) a reference to the certificates referred to in regulation 32(1) or (1 a), and (2) or regulation 32(4)(a) and (b) were a reference to the certificates referred to in

regulation 40C; and

(1)      in regulations 34(2)(b) and 35(2) a reference to the certificates referred to in regulation 36 were a reference to -

(i)     certificates issued before 1 July 2019, purportedly under regulation 36; or

(ii)     the certificates referred to in regulation 36 as modified by subregulation (3).

(3) Regulation 36 applies to and in relation to a rigid
attachment to be attached to a manufactured home in a
facility as if—

(a)	a manufactured home were a caravan; and
(b)	an attachment were an annexe; and
(c)	a rigid attachment were a rigid annexe.

40C.	Manufactured home certificates
(1)	A person who wishes to bring a manufactured home on to a facility must show the local government and the licence holder of the facility -

(a)	a certificate issued before 1 July 2019 in relation to the manufactured home, purportedly under regulation 32(1), (la) or (4)(a); or
(b)	a certificate signed and dated by a builder stating that the manufactured home has been constructed in accordance with the requirements of the Building Code applicable

with respect to a particular class or classes,

specified in the certificate.

Penalty for this subregulation: a fine of $4 000.

(2) A person who wishes to bring a manufactured home on
to a facility must show the local government and the
licence holder of the facility -

(a)	a certificate issued before 1 July 2019 in relation to the manufactured home, purportedly under regulation 32(2) or (4)(b); or
(b)	a certificate signed and dated by a professional engineer stating -

(i) that in the opinion of the engineer the
manufactured home is structurally
sound; and

3 March 2020 GOVERNMENT GAZETTE, WA 473

(ii)    the wind velocity that the manufactured home has been constructed to withstand; and

(iii)    that the manufactured home is able to be moved within 24 hours of any services attached to it being disconnected; and

(iv)    if the manufactured home is assembled from components — that the manufactured home is able to be moved within 24 hours of it being split into components.

Penalty for this subregulation: a fine of $4 000.

(3) A builder or professional engineer must not make a
statement in a certificate referred to in
subregulation (1)(b) or (2)(b) that is false in a material
particular if the builder or professional engineer —

(a)	knew the statement was false; or
(b)	made the statement with disregard as to its truth or falseness.

Penalty for this subregulation: a fine of $4 000.

R. NEILSON, Clerk of the Executive Council.