Local Government Act 1919 Ordinance relating to subdivision of land used for long-term residence in caravan parks (1992-162) [GG No 40 of 27.3.1992] (NSW)

1992—No. 162

LOCAL GOVERNMENT ACT 1919—ORDINANCE

(Relating to subdivision of land used for long-term residence in

caravan parks)

NEW SOUTH WALES

[Published in Gazette No. 40 of 27 March 1992]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Local Government Act 1919, has been pleased to make the Ordinance set forth hereunder.

G. P. PEACOCKE

Minister for Local Government.

Commencement

1. This Ordinance commences on 30 March 1992.

Amendment of Ordinance No. 71

2. Ordinance No. 71 (the Caravan Parks and Movable Dwellings Ordinance) made under the Local Government Act 1919 is amended by omitting clause 96 and by inserting instead the following clause:

Subdivision

96. (1) Licensed premises may not be subdivided except as provided

by this clause.

(2) So much of any licensed premises as consists of land that is permitted to be used for long-term residence may be subdivided, in accordance with section 289K of the Act, for the purpose of a lease for

a period not exceeding 20 years without option of renewal.

(3) Subclause (2) does not apply to Crown land that has been reserved or dedicated for any public purpose (within the meaning of the Crown Lands Act 1989).

1992—No. 162

(4) To the extent necessary to ensure the prohibition of subdivision in accordance with this clause, the provisions of the Act and of the Strata Titles Act 1973, the Strata Titles (Leasehold) Act 1986 and the Community Land Development Act 1989 do not apply to licensed premises.

EXPLANATORY NOTE

Ordinance No. 71 made under the Local Government Act 1919 at present prohibits subdivision of any land within a caravan park.

The object of this Ordinance is to amend Ordinance No. 71 so as to permit subdivision of certain land in caravan parks in accordance with section 289K of the Local Government Act 1919. That section provides for a new kind of subdivision, nameIy one that has effect for lease purposes only.

Only land that is set aside for long-term residence in the caravan park will be able to be subdivided in this way, and the subdivision can only be for the purpose of a lease whose term (including the term of any permissible option) does not exceed 20 years. A subdivision for lease purposes cannot be effected if the land concerned is Crown land that has been reserved or dedicated for a public purpose.