Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020 (Vic)
Version No. 004
Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020
S.R. No. 48/2020
Version incorporating amendments as at
3 October 2023
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provisions
3Commencement
4Revocation
5Definitions
6Meaning of adjacent structure
7Meaning of schedule of works
8Application of the BCA
Part 2—Registration
9Requirement to register
10Application for registration
11Application for renewal of registration
12Grant or renewal of registration
13Period of registration
14Notice of transfer of ownership
15Transfer of registration
16Fees
17Register of caravan parks
18Duties of owners of registered caravan parks
Part 3—Standards
Division 1—Fire and emergency management
19Fire prevention and safety—equipment
20Fire prevention and safety—access and separation
21Emergency management planning
22Councils to notify of and consult with emergency services agencies
23Display of emergency procedures
24Display of public emergency warnings
25Flood areas—notification of residents
26Council to have regard to report of the relevant fire authority
Division 2—Amenities
27Water supply
28Sewage and waste water
29Sanitary facilities
30Laundry facilities
31Garbage bins
32Lighting
33Compliance with Division 2—Amenities
Division 3—Standards for movable dwellings and annexes
34Design, construction and installation standards—unregistrable movable dwellings
35Design, construction and installation standards—annexes
36Smoke alarms for movable dwellings
37Compliance plate
38Movable dwelling must not be installed without compliance plate
39Design information to be provided on sale of movable dwelling
40Notice to council
41Installation certificate
42Termite information
43Change of use of structure
Division 4—Maintenance of movable dwellings and sites
44Maintenance of movable dwellings
45Cleaning of movable dwelling
46Maintenance by owners
47Maintenance of sites
Part 4—Fire authority fees
48Fees
Part 5—Transitional and other matters
49Existing unregistrable movable dwellings and rigid annexes
50Continuation of registration
50AExtended period of registration for caravan parks affected by the COVID-19 pandemic
51Revocation of these Regulations
Schedule 1—Forms
Schedule 2—Registration application fees
Schedule 3—Design, construction and installation of unregistrable movable dwellings and annexes
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 004
Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020
S.R. No. 48/2020
Version incorporating amendments as at
3 October 2023
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are to provide for—
(a)registration of caravan parks; and
(b)standards of design, construction and installation and maintenance of movable dwellings in caravan parks; and
(c)standards for facilities and services in caravan parks; and
(d)the health and safety of residents and short term occupiers of caravan parks; and
(e)other matters relating to the regulation of caravan parks and movable dwellings.
2Authorising provisions
These Regulations are made under sections 514, 515, 515A and 516 of the Residential Tenancies Act 1997.
3Commencement
These Regulations come into operation on 22 June 2020.
4Revocation
The Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010[1] are revoked.
5Definitions
In these Regulations—
ABCB Housing Provisions means the Housing Provisions Standard published by the Australian Building Codes Board as issued or remade from time to time;
adjacent structure has the meaning given in regulation 6;
Ambulance Service Victoria has the same meaning as Ambulance Service—Victoria has in the Ambulance Services Act 1986;
annexemeans a movable dwelling that—
(a)is attached to a registrable movable dwelling or unregistrable movable dwelling; and
(b)extends the habitable area of that dwelling;
application for registration means an application for registration under regulation 10;
application for renewal of registration means an application for renewal of registration under regulation 11;
area liable to flooding has the same meaning as in regulation 5(2) of the Building Regulations 2018[2];
BCA means the Building Code of Australia within the meaning of section 3(1) of the Building Act 1993;
BCA Volume One means Volume One of the National Construction Code Series, including any Victorian variations or additions set out in Schedule 10 to that Volume;
BCA Volume Two means Volume Two of the National Construction Code Series, including any Victorian variations or additions set out in Schedule 10 to that Volume;
camp sitemeans a site in a caravan park that is—
(a)not provided with individual electrical power or any other individual site services; and
(b)used for the placement of a tent or motor vehicle; and
(c)intended for use by a short term occupier;
certificate of registration means a certificate of registration issued under regulation 12(4);
certificate of renewal of registration means a certificate of renewal of registration issued under regulation 12(5);
CFA Guideline means the CFA Caravan Park Fire Safety Guideline, published by the Country Fire Authority, as published from time to time;
chassisin relation to an unregistrable movable dwelling, means the composite platform on which the unregistrable movable dwelling is constructed and which is—
(a)an integral part of the unregistrable movable dwelling; and
(b)capable of fully supporting the unregistrable movable dwelling at all times;
construct, in relation to an unregistrable movable dwelling or rigid annexe, means the process of manufacturing or constructing the dwelling or annexe other than the work which is necessary to install the dwelling or annexe at a site;
council, in relation to a caravan park, means the municipal council in the municipal district of which the caravan park is situated;
emergency management plan means an emergency management plan prepared under regulation 21;
emergency procedures means the emergency procedures contained in an emergency management plan;
emergency services agency means—
(a)a responder agency within the meaning of the Emergency Management Act 2013;
(b)the police force;
(c)Ambulance Service Victoria;
(d)in relation to a caravan park that is located in an area liable to flooding, the relevant floodplain management authority;
flexible annexe means an annexe which, apart from any rigid support frame, has walls and a roof of canvas or other flexible material and is associated with a registrable movable dwelling;
install in relation to an unregistrable movable dwelling or rigid annexe, means the process of—
(a)assembling the sections of the dwelling or annexe; and
(b)positioning or stabilising the dwelling or annexe; and
(c)constructing the footings; and
(d)attaching the sections of the dwelling or annexe to the footings;
long term site means a site in a caravan park designed for a movable dwelling and intended for use by a resident;
National Construction Code Series has the same meaning as in section 3(1) of the Building Act 1993;
public emergency warning means an emergency warning issued to the general public by an emergency services agency for an emergency, including a flood, bushfire, storm or tsunami;
relevantemergency services agency, in relation to a caravan park, means an emergency services agency with responsibility for the area in which the caravan park is located;
relevant fire authority means—
(a)in the metropolitan fire district constituted by or under the Metropolitan Fire Brigades Act 1958, the Metropolitan Fire and Emergency Services Board established under that Act; and
(b)outside the metropolitan fire district constituted by or under the Metropolitan Fire Brigades Act 1958, the Country Fire Authority appointed under the Country Fire Authority Act 1958;
relevant floodplain management authority means a person or body with floodplain management functions under Division 4 of Part 10 of the Water Act1989 with responsibility for the area in which a caravan park is located;
rigid annexe means an annexe that has walls and a roof constructed of non-flexible materials;
schedule of works has the meaning given in regulation 7;
short term occupier means a person who occupies a site and is not a resident;
short term site—
(a)means a site in a caravan park designed for a movable dwelling and intended for use by a short term occupier; and
(b)does not include a camp site;
site means a site within the caravan park for use by a movable dwelling;
site services means individual provision to sites of any or all of the following services—
(a)electricity;
(b)gas;
(c)water;
(d)phone;
(e)sewer, septic or other system for the collection, removal and disposal of sewage and waste water;
tentmeans a movable dwelling that, apart from any rigid support frame, has walls and a roof of canvas or other flexible material;
the Act means the Residential Tenancies Act 1997;
tie-down gear, in relation to an unregistrable movable dwelling or annexe, means a device that connects the anchor point to the means of restraint.
6Meaning of adjacent structure
In these Regulations, an adjacent structure means a non-habitable building or structure, that is not a movable dwelling, that—
(a)is adjacent, or attached, to a movable dwelling; and
(b)enhances the amenity of the movable dwelling; and
(c)is a Class 10a or 10b building under the BCA.
Note
Part A6 of the BCA Volume Two lists the classes of building for the purposes of the BCA, and defines a Class 10 building as—
(a)Class 10a—a non-habitable building including a private garage, carport, shed or the like; or
(b)Class 10b—a structure that is a fence, mast, antenna, retaining or free-standing wall, swimming pool or the like.
7Meaning of schedule of works
In these Regulations, schedule of works means a written agreement entered into between a caravan park owner and a local council, setting out works to be undertaken by the caravan park owner and a timeline for the undertaking of those works, for the purpose of complying with—
(a)regulations 19 and 20, having regard to any report of the relevant fire authority in relation to the caravan park; and
(b)Division 2 of Part 3 (other than regulation 31).
8Application of the BCA
(1)If a person is required by these Regulations to comply or act in accordance with a provision of the BCA in relation to—
(a)an unregistrable movable dwelling; or
(b)a rigid annexe—
that provision of the BCA applies as if the dwelling or annexe were a building of Class 1 within the meaning of Part A6 of the BCA Volume Two.
(2)If a person is required by these Regulations to comply or act in accordance with a provision of the BCA and a provision of these Regulations, to the extent of any inconsistency between the requirements of the provision of the BCA and the provision of these Regulations, the provision of these Regulations prevails.
Note
Section 517 of the Act provides that Part 12A of the Building Act 1993 (plumbing work) applies to movable dwellings.
Electrical installation and wiring within unregistrable movable dwellings and rigid annexes must be in accordance with the Electrical Safety Act 1998.
PART 2—REGISTRATION
9Requirement to register
A person must not operate a caravan park unless the caravan park is registered under these Regulations.
Penalty:20 penalty units.
10Application for registration
(1)An application for registration must be lodged with the council.
(2)The application for registration must—
(a)be in the form of Form 1 in Schedule 1; and
(b)include a plan of the caravan park clearly indicating—
(i)the location and number of all buildings and facilities; and
(ii)all long term sites, short term sites and camp sites; and
(c)include the most recent report given to the applicant by the relevant fire authority; and
(d)include the schedule of works for the caravan park, if any, and evidence of the status of compliance with the schedule of works; and
(e)include the emergency management plan for the caravan park; and
(f)be accompanied by the registration application fee determined in accordance with regulation 16.
11Application for renewal of registration
(1)An application for renewal of registration of a caravan park must be lodged with the council on or before 1 October in the year in which the current registration expires.
(2)The application for renewal of registration of a caravan park must—
(a)be in the form of Form 1 in Schedule 1; and
(b)include a plan of the caravan park clearly indicating the location and number of all buildings and facilities and all long term sites, short term sites and camp sites; and
(c)include the most recent report given to the applicant by the relevant fire authority; and
(d)include the schedule of works for the caravan park, if any, and evidence of the status of compliance with the schedule of works; and
(e)include the emergency management plan for the caravan park; and
(f)be accompanied by the renewal application fee determined in accordance with regulation 16.
12Grant or renewal of registration
(1)On receiving an application for registration the council must grant the registration if satisfied that the caravan park complies with these Regulations.
(2)On receiving an application for renewal of registration the council must renew the registration if satisfied that the caravan park complies with these Regulations.
(3)In determining an application for registration or an application for renewal of registration the council must have regard to—
(a)the most recent report of the relevant fire authority in respect of the caravan park; and
(b)the status of compliance of the applicant with the schedule of works for the caravan park, if any; and
(c)whether or not the emergency management plan for the caravan park complies with regulation 21; and
(d)whether or not the caravan park complies with Part 3; and
(e)the applicant's record of compliance with these Regulations and any orders issued under the Act.
(4)On granting registration the council must issue a certificate of registration in the form of Form 2 in Schedule 1.
(5)On renewing registration the council must issue a certificate of renewal of registration in the form of Form 2 in Schedule 1.
13Period of registration
(1)Initial registration of a caravan park takes effect on the day specified in the certificate of registration.
(2)Renewal of registration of a caravan park takes effect on the day specified in the certificate of renewal of registration.
(3)Registration of a caravan park expires on 31 December in the year that is—
(a)not less than 2 years after the year in which the registration takes effect; and
(b)not more than 3 years after the year in which the registration takes effect.
14Notice of transfer of ownership
(1)A notice of transfer of ownership of a caravan park must be lodged with the council.
(2)The notice of transfer must be—
(a)in the form of Form 3 in Schedule 1; and
(b)accompanied by—
(i)the current certificate of registration; and
(ii)the transfer fee of 5 fee units.
(3)A caravan park owner who has transferred ownership of the caravan park must ensure that a copy of the notice of transfer is displayed in a prominent position at the caravan park office or other place determined by the council for 30 days after the date on which the notice is lodged with the council.
Penalty:10 penalty units.
15Transfer of registration
(1)On receiving a notice of transfer of ownership under regulation 14, a council must grant the transfer of registration to the new caravan park owner if the caravan park is currently registered.
(2)If a transfer of registration is granted, the council must issue a certificate of transfer of registration in the form of Form 4 in Schedule 1.
(3)The caravan park owner to whom registration has been transferred must ensure that a copy of the certificate of transfer of registration is displayed in a prominent position at the caravan park office or other place determined by the council for 30 days after the date on which the owner receives the certificate.
Penalty:10 penalty units.
(4)If a transfer of registration is granted, the schedule of works (if any) entered into by a local council and the former caravan park owner in respect of the caravan park is taken to apply to the new caravan park owner.
16Fees
(1)The fee to accompany an application for registration or an application for renewal of registration is the relevant fee determined by the council in accordance with this regulation.
(2)The fee must not exceed—
(a)if the period of registration is to be 3 years, for a caravan park with the number of sites specified in Column 2 of Schedule 2, the corresponding fee specified in Column 3 of that Schedule; or
(b)if the period of registration is to be less than 3 years, one thirty-sixth of the fee referred to in paragraph (a) for each whole month of the intended registration period.
17Register of caravan parks
A council must keep a register of the caravan parks in its municipal district containing the following information in respect of each caravan park—
(a)the registration number as shown in the certificate of registration or the certificate of renewal of registration;
(b)the date of application for grant of registration or renewal of registration;
(c)the name and address of the caravan park owner;
(d)the name and address of any person other than the caravan park owner who is responsible for the management of the caravan park;
(e)the address of the caravan park;
(f)the date of registration;
(g)the date of any renewal of registration;
(h)the date of any transfer of registration;
(i)the name and address of each person to whom the registration is transferred.
18Duties of owners of registered caravan parks
(1)A caravan park owner must ensure that the person responsible for management of the caravan park is available at the caravan park office during normal office hours.
Penalty:10 penalty units.
(2)A caravan park owner must ensure that the person responsible for management of the caravan park can be contacted at all times in case of an emergency.
Penalty:20 penalty units.
(3)A caravan park owner must ensure that emergency services vehicles can access the caravan park at all times without delay.
Penalty:20 penalty units.
(4)A caravan park owner must ensure that the name and telephone number of an emergency contact person are displayed in a prominent position at the caravan park office or other place determined by the council.
Penalty:20 penalty units.
(5)A caravan park owner must ensure that a register is maintained specifying—
(a)the name and address of each resident and short term occupier; and
(b)the arrival and departure date of each resident and short term occupier.
Penalty:20 penalty units.
(6)A caravan park owner must ensure that the following are displayed in a prominent position at the caravan park office or other place determined by the council—
(a)the caravan park registration certificate;
(b)a plan of the caravan park;
(c)a copy of the caravan park rules made under section 185 of the Act.
Penalty:20 penalty units.
(7)A caravan park owner must ensure that the following documents are accessible, on request, to residents and short term occupiers—
(a)the Act;
(b)these Regulations;
(c)any exemptions granted under section 519 of the Act in relation to the caravan park;
(d)the caravan park rules made under section 185 of the Act.
Penalty:20 penalty units.
PART 3—STANDARDS
Division 1—Fire and emergency management
19Fire prevention and safety—equipment
(1)For the purposes of section 518B(1) and (2) of the Act, fire fighting equipment provided and maintained by a caravan park owner must be in accordance with—
(a)Objective O3 and Performance Measures PM4 and PM5 of the CFA Guideline; or
(b)if complying with the Prescriptive Provisions of the CFA Guideline, prescriptive provisions PP3 and PP4.
(2)For the purposes of subregulation (1), a caravan park owner must comply—
(a)in the case of a new caravan park, before commencing operation of the caravan park; and
(b)in the case of a new site in an existing caravan park, before a movable dwelling is installed on the site; and
(c)in any other case, immediately or, if there is a schedule of works for the caravan park, by the relevant date specified in the schedule of works.
20Fire prevention and safety—access and separation
(1)For the purposes of section 518C of the Act, space around movable dwellings and adjacent structures for fire fighter access and fire separation provided and maintained by a caravan park owner must be in accordance with—
(a)Objectives O1 and O2 and Performance Measures PM1, PM2 and PM3 of the CFA Guideline; or
(b)if complying with the Prescriptive Provisions of the CFA Guideline, prescriptive provisions PP1 and PP2.
(2)For the purposes of subregulation (1), the caravan park owner must comply—
(a)in the case of a new caravan park, before commencing operation of the caravan park; and
(b)in the case of a new site in an existing caravan park, before a movable dwelling is installed on the site; and
(c)in any other case, in accordance with subregulation (3).
(3)Despite subregulation (1), a caravan park owner is taken to comply with this regulation if—
(a)in the case of an existing caravan park, the space provided between and around movable dwellings is maintained; and
(b)in the case of a new movable dwelling installed on an existing site in a caravan park, the space provided between and around the dwelling is no less than the space provided for the previous dwelling installed on that site.
21Emergency management planning
(1)For the purposes of section 518D(1) of the Act, an emergency management plan must be prepared by a caravan park owner in consultation with the relevant emergency services agencies.
(2)In preparing an emergency management plan, a caravan park owner, in consultation with the relevant emergency services agencies, must conduct a risk assessment to identify, analyse and evaluate the emergency risks associated with the caravan park.
(3)An emergency management plan must—
(a)specify the risks identified, analysed and evaluated by the caravan park owner in the risk assessment; and
(b)describe the specified measures to be taken to reduce emergency risks so far as is reasonably practicable, having regard to—
(i)the likelihood of an emergency risk eventuating; and
(ii)the degree of harm that would result if the emergency risk eventuated; and
(iii)the availability and suitability of measures to reduce the emergency risk; and
(iv)the cost of reducing the emergency risk.
(4)For the purposes of subregulation (3)(b), the specified measures must include—
(a)preventative measures to reduce—
(i)the likelihood of an emergency affecting the caravan park; and
(ii)the degree of harm that would result if the caravan park is affected by an emergency; and
(b)emergency procedures to be followed by the caravan park owner on receiving a public emergency warning or in the event of an emergency, including—
(i)communication measures; and
(ii)response measures; and
(iii)evacuation procedures; and
(c)emergency procedures to be followed by residents, short term occupiers and all other persons at the caravan park in the event of an emergency, including—
(i)communication measures; and
(ii)response measures; and
(iii)evacuation procedures.
22Councils to notify of and consult with emergency services agencies
(1)For the purposes of regulation 21, a council must, on the request of a caravan park owner, notify the caravan park owner of the relevant emergency services agencies for the caravan park.
(2)For the purposes of determining if a caravan park owner has complied with regulation 21, the council must consult with the relevant emergency services agencies.
23Display of emergency procedures
For the purposes of section 518D(2) of the Act, the emergency procedures for the caravan park must be displayed in a prominent position in—
(a)the caravan park office; and
(b)each building in the caravan park that contains communal facilities; and
(c)any other place determined by the council.
24Display of public emergency warnings
(1)For the purposes of section 518E(1) of the Act, a copy of the public emergency warning must be displayed in a prominent position in—
(a)the caravan park office; and
(b)each building in the caravan park that contains communal facilities; and
(c)any other place determined by the council.
(2)The copy of the public emergency warning must be displayed until the warning is no longer current.
25Flood areas—notification of residents
(1)If a caravan park is in an area liable to flooding, the caravan park owner must give written notice of that fact to the owner of an unregistrable movable dwelling or a registrable movable dwelling with an attached rigid annexe before the dwelling or annexe is installed on a site in the caravan park.
Penalty:20 penalty units.
(2)If a caravan park is in an area liable to flooding, the caravan park owner must give written notice of that fact to a person who proposes to be a resident of an unregistrable movable dwelling or a registrable movable dwelling with an attached rigid annexe before the resident takes up residency of that dwelling.
Penalty:20 penalty units.
(3)In considering whether or not a caravan park owner has complied with this regulation, the council must consult with the relevant floodplain management authority.
26Council to have regard to report of the relevant fire authority
In considering whether or not a caravan park owner has complied or is complying with this Division, the council must have regard to any report of the relevant fire authority in relation to the caravan park.
Division 2—Amenities
27Water supply
(1)Subject to regulation 33, a caravan park owner must ensure that water provided in a caravan park that is intended for drinking is safe for human consumption in accordance with the Australian Drinking Water Guidelines 6 (2011), endorsed by the National Health and Medical Research Council and the Natural Resource Management Ministerial Council, published in 2011 as in force from time to time.
Penalty:20 penalty units.
(2)A caravan park owner must provide a continuous and adequate supply of water to—
(a)all sites other than camp sites; and
(b)all sanitary and laundry facilities in the caravan park.
Penalty:20 penalty units.
(3)A caravan park owner must provide a continuous and adequate supply of heated water to all sanitary and laundry facilities in the caravan park.
Penalty:20 penalty units.
28Sewage and waste water
Subject to regulation 33, a caravan park owner must ensure that all sewage and waste water discharged from a movable dwelling in a caravan park is discharged—
(a)to a reticulated sewerage system; or
(b)to a septic tank system approved by—
(i)the council under Part IXB of the Environment Protection Act 1970 in the case of a septic tank system designed to discharge 5000 litres of sewage a day or less; or
(ii)the Environment Protection Authority in the case of a septic tank system designed to discharge more than 5000 litres of sewage a day; or
(c)to such other system for the collection, removal and disposal of sewage and waste water as is approved by the council.
Penalty:20 penalty units.
29Sanitary facilities
Subject to regulation 33, a caravan park owner must ensure that the sanitary facilities provided for the caravan park are at least to the standard set by the deemed-to-satisfy provision contained in clause F4D2 in the BCA Volume One for a Class 3 building (other than a Class 3 residential aged care building) on the basis of one person per site for every site that does not have private sanitary facilities in an unregistrable movable dwelling.
Penalty:20 penalty units.
30Laundry facilities
Subject to regulation 33, a caravan park owner must ensure that the laundry facilities provided for the caravan park are at least the following, for every 25 long term sites or part thereof where private laundry facilities are not provided—
(a)a wash trough and washing machine;
(b)a clothes dryer or 25 metres of clothes line;
(c)an ironing board and power outlet.
Penalty:10 penalty units.
31Garbage bins
A caravan park owner must ensure that bins provided at the caravan park for the collection and storage of garbage are—
(a)vermin proof; and
(b)regularly cleaned.
Penalty:20 penalty units.
32Lighting
Subject to regulation 33, a caravan park owner must ensure that the lighting of common areas, roadways, recreation areas and paths in use in the caravan park enable the safe and convenient use of the caravan park.
Penalty:20 penalty units.
33Compliance with Division 2—Amenities
For the purposes of this Division (other than regulation 31), a caravan park owner must comply—
(a)in the case of a new caravan park, before commencing operation of the caravan park; and
(b)in any other case, immediately or, if there is a schedule of works for the caravan park, by the relevant date specified in the schedule of works.
Division 3—Standards for movable dwellings and annexes
34Design, construction and installation standards—unregistrable movable dwellings
(1)A person who constructs an unregistrable movable dwelling for installation in a caravan park must do so in accordance with the following as if the unregistrable movable dwelling were a Class1 building within the meaning of the BCA Volume Two—
(a)the relevant design and construction requirements of the BCA Volume Two specified in Part 1 of Schedule 3;
(b)the relevant design and construction requirements set out in Part 2 of Schedule 3.
Penalty:20 penalty units.
(2)A person who installs an unregistrable movable dwelling in a caravan park must do so in accordance with the relevant installation requirements set out in Part 2 of Schedule 3.
Penalty:20 penalty units.
35Design, construction and installation standards—annexes
(1)A person who constructs an annexe for installation in a caravan park must do so in accordance with the relevant design and construction requirements set out in Part 3 of Schedule 3.
Penalty:20 penalty units.
(2)A person who installs an annexe in a caravan park must do so in accordance with the relevant installation requirements set out in Part 3 of Schedule 3.
Penalty:20 penalty units.
36Smoke alarms for movable dwellings
(1)A person who constructs a movable dwelling, other than a flexible annexe or tent, must ensure that a smoke alarm that complies with clause 9.5.1(b) of the ABCB Housing Provisions as incorporated by the deemed-to-satisfy provision in clause H3D6(1) of the BCA Volume Two is located in accordance with clause 9.5.2 of those ABCB Housing Provisions.
Penalty:20 penalty units.
(2)A person who installs a newly constructed movable dwelling, other than a flexible annexe or tent, in a caravan park must ensure that the smoke alarm specified in subregulation (1) is connected to the consumer power mains where consumer power mains are supplied to the movable dwelling.
Penalty:20 penalty units.
(3)The owner of a movable dwelling, other than a flexible annexe or tent, in a caravan park, must ensure that a smoke alarm that complies with clause 9.5.1(b) of the ABCB Housing Provisions as incorporated by the deemed-to-satisfy provision in clause H3D6(1) of the BCA Volume Two is installed in the dwelling.
Penalty:20 penalty units.
(4)The owner of a movable dwelling, other than a flexible annexe or tent, in a caravan park must ensure that any smoke alarm installed in the movable dwelling is maintained in working order.
Penalty:20 penalty units.
37Compliance plate
A person who constructs an unregistrable movable dwelling or rigid annexe for installation in a caravan park must ensure that a compliance plate is permanently affixed to the front of the dwelling or rigid annexe containing the following information—
(a)name and address of the person who constructed the dwelling or annexe;
(b)the year the dwelling or annexe was constructed;
(c)a statement that the unregistrable movable dwelling or rigid annexe has been constructed in accordance with these Regulations.
Penalty:20 penalty units.
38Movable dwelling must not be installed without compliance plate
A person must not install an unregistrable movable dwelling or rigid annexe in a caravan park unless it bears a compliance plate referred to in regulation 37.
Penalty:20 penalty units.
39Design information to be provided on sale of movable dwelling
A person who sells a new unregistrable movable dwelling or a new rigid annexe must at the time of sale provide the purchaser with a set of installation designs appropriate to the design, wind speed, soil type and other considerations appropriate to the dwelling or annexe and its proposed location.
Penalty:20 penalty units.
40Notice to council
If it is proposed to install an unregistrable movable dwelling or rigid annexe in a caravan park, the caravan park owner must provide the council with details of the siting, structural design and proposed installation of the dwelling or annexe—
(a)at least 7 days before installation; or
(b)at such earlier time as is required in writing by the council.
Penalty:20 penalty units.
41Installation certificate
(1)A person must not install an unregistrable movable dwelling or rigid annexe in a caravan park without the approval of the caravan park owner.
Penalty:20 penalty units.
(2)A person who installs an unregistrable movable dwelling or rigid annexe in a caravan park must provide the owner of the unregistrable movable dwelling or rigid annexe with an installation certificate that complies with subregulation (3) immediately on completion of the installation.
Penalty:20 penalty units.
(3)An installation certificate must—
(a)contain—
(i)the name and address of the person who installed the dwelling or annexe; and
(ii)the year the dwelling or annexe was installed; and
(b)certify that—
(i)all information provided in the certificate is complete and correct in every particular; and
(ii)the caravan park owner approved the installation; and
(iii)the installation, service connections and siting of the dwelling or annexe comply with these Regulations.
(4)The owner of the unregistrable movable dwelling or rigid annexe must give a copy of the installation certificate to the caravan park owner and the council within 7 days after the completion of the installation.
Penalty:20 penalty units.
42Termite information
If a caravan park is in an area that the council has designated under regulation 150 of the Building Regulations 2018 as an area in which buildings are likely to be subject to attack by termites, the caravan park owner must give written notice of this to the owner of a movable dwelling who intends to install the dwelling in the caravan park, before the installation takes place.
Penalty:20 penalty units.
43Change of use of structure
A person must not use a non-habitable structure as a dwelling or part of a dwelling unless the use has been approved by the council.
Penalty:20 penalty units.
Division 4—Maintenance of movable dwellings and sites
44Maintenance of movable dwellings
A caravan park owner must maintain a movable dwelling hired to a short term occupier—
(a)in working order; and
(b)in a good state of repair; and
(c)in a clean, sanitary and hygienic condition.
Penalty:20 penalty units.
45Cleaning of movable dwelling
A caravan park owner must ensure that a movable dwelling available for short term occupiers is clean and hygienic at each change of occupier.
Penalty:20 penalty units.
46Maintenance by owners
(1)An owner of a movable dwelling in a caravan park must maintain the dwelling if it is hired to a short term occupier—
(a)in working order; and
(b)in a good state of repair; and
(c)in a clean, sanitary and hygienic condition.
Penalty:20 penalty units.
(2)An owner of a movable dwelling in a caravan park must maintain the dwelling—
(a)in a good state of repair; and
(b)in a clean, sanitary and hygienic condition.
Penalty:20 penalty units.
47Maintenance of sites
Each resident or short term occupier in a caravan park must keep the site clean and free of any thing or substance that may affect the health and safety of other persons.
Penalty:20 penalty units.
PART 4—FIRE AUTHORITY FEES
48Fees
(1)A fire authority may charge a fee for carrying out an inspection and preparing a report in respect of fire safety or emergency management planning in a caravan park.
(2)The maximum fee for carrying out an inspection and preparing a report in respect of fire safety and emergency management planning in a caravan park is—
(a)10 fee units for the first hour; and
(b)2·5 fee units for each subsequent quarter hour or part thereof.
PART 5—TRANSITIONAL AND OTHER MATTERS
49Existing unregistrable movable dwellings and rigid annexes
An unregistrable movable dwelling or rigid annexe in a caravan park that, immediately before 22 June 2020, complied with the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010, is taken to comply with these Regulations on and from that date, unless it ceases to comply with the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010 as a result of non-maintenance or alteration.
50Continuation of registration
(1)A caravan park that, immediately before 22 June 2020, was registered under the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010 is taken to be registered under these Regulations until the registration would have otherwise expired under the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010.
(2)The registration of a caravan park referred to in subregulation (1) may be renewed or transferred in accordance with these Regulations.
50AExtended period of registration for caravan parks affected by the COVID-19 pandemic
(1)This regulation applies to a caravan park that—
(a)was at all times registered from 1 July 2020 to 30 June 2021; and
(b)is registered on 25 October 2022.
(2)Despite regulation 13(3), the registration of a caravan park referred to in subregulation (1) that is in effect on 25 October 2022 is extended to and expires on 31 December of the calendar year that is 4 years after the calendar year in which the registration took effect.
51Revocation of these Regulations
These Regulations are revoked on 30 June 2024.
SCHEDULE 1—FORMS
FORM 1
Regulations 10 and 11
Residential Tenancies Act 1997
APPLICATION FOR *REGISTRATION/*RENEWAL OF REGISTRATION OF A CARAVAN PARK
To [name of council]:
I [applicant's name] of [applicant's address] being the owner of [name of caravan park] situated at [address of caravan park] apply for *registration/
*renewal of registration of [caravan park name].
Number of: long term sites
short term sites
camp sites
Documents that are required to be included with this application, under *regulation 10/*regulation 11, have been included:
– a plan of the caravan park as specified in *regulation 10(2)(b)/
*regulation 11(2)(b);– *the most recent report from the relevant fire authority;
– the emergency management plan.
Signature:
Date:
*Delete if not applicable.
FORM 2
Regulation 12
Residential Tenancies Act 1997
CERTIFICATE OF *REGISTRATION/*RENEWAL OF REGISTRATION OF A CARAVAN PARK
The [name of council], being satisfied that—
(a)[name of caravan park] complies with the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020; and
(b)[name of owner of caravan park] has provided the most recent report from the relevant fire authority; and
(c)the emergency management plan has been prepared in accordance with regulation 21.
*registers/*renews the registration of [name of caravan park] situated at [address of caravan park].
The certificate is granted to [name of owner of caravan park] of [address of owner of caravan park].
Registration number issued:
*A Schedule of Works applies to this Registration.
The certificate has effect from / / until 31/12/ .
Name of person authorised to issue certificate:
Signature of person authorised to issue certificate:
Date of issue:
*Delete if not applicable.
FORM 3
Regulation 14
Residential Tenancies Act 1997
NOTICE OF TRANSFER OF OWNERSHIP OF A CARAVAN PARK
To [name of council]:
I [name of registered caravan park owner] of [address], the holder of a certificate of registration of [name of caravan park] situated at [address of caravan park] provide notice that ownership of [name of caravan park] has been transferred to:
Name of new caravan park owner:
Address of new caravan park owner:
Signature of applicant:
Date:
*A Schedule of Works applies to this Registration
*Delete if not applicable.
FORM 4
Regulation 15
Residential Tenancies Act 1997
CERTIFICATE OF TRANSFER OF REGISTRATION OF A CARAVAN PARK
The [name of council] transfers the registration set out on this certificate to [name and address of new caravan park owner] from this date until
31/12/ .
Caravan park:
Name of person authorised to issue certificate:
Signature of person authorised to issue certificate:
Date of issue:
*A Schedule of Works applies to this Registration
*Delete if not applicable.
SCHEDULE 2—REGISTRATION APPLICATION FEES
Regulation 16
| Column 1
| Column 2 Total number of sites (other than | Column 3
|
| 1 | Not exceeding 25 | 17 fee units |
| 2 | Exceeding 25 but not exceeding 50 | 34 fee units |
| 3 | Exceeding 50 but not exceeding 100 | 68 fee units |
| 4 | Exceeding 100 but not exceeding 150 | 103 fee units |
| 5 | Exceeding 150 but not exceeding 200 | 137 fee units |
| 6 | Exceeding 200 but not exceeding 250 | 171 fee units |
| 7 | Exceeding 250 but not exceeding 300 | 205 fee units |
| 8 | Exceeding 300 but not exceeding 350 | 240 fee units |
| 9 | Exceeding 350 but not exceeding 400 | 274 fee units |
| 10 | Exceeding 400 but not exceeding 450 | 308 fee units |
| 11 | Exceeding 450 but not exceeding 500 | 342 fee units |
| 12 | Exceeding 500 but not exceeding 550 | 376 fee units |
| 13 | Exceeding 550 but not exceeding 600 | 411 fee units |
| 14 | Exceeding 600 but not exceeding 650 | 445 fee units |
| 15 | Exceeding 650 but not exceeding 700 | 479 fee units |
| 16 | Exceeding 700 but not exceeding 750 | 513 fee units |
| 17 | Exceeding 750 but not exceeding 800 | 547 fee units |
| 18 | Exceeding 800 but not exceeding 850 | 582 fee units |
| 19 | Exceeding 850 but not exceeding 900 | 616 fee units |
| 20 | Exceeding 900 but not exceeding 950 | 650 fee units |
| 21 | Exceeding 950 but not exceeding 1000 | 684 fee units |
| 22 | Exceeding 1000 but not exceeding 1050 | 719 fee units |
| 23 | Exceeding 1050 but not exceeding 1100 | 753 fee units |
| 24 | Exceeding 1100 but not exceeding 1150 | 787 fee units |
| 25 | Exceeding 1150 but not exceeding 1200 | 821 fee units |
| 26 | Exceeding 1200 but not exceeding 1250 | 855 fee units |
| 27 | Exceeding 1250 but not exceeding 1300 | 890 fee units |
| 28 | Exceeding 1300 but not exceeding 1350 | 924 fee units |
| 29 | Exceeding 1350 but not exceeding 1400 | 958 fee units |
| 30 | Exceeding 1400 but not exceeding 1450 | 992 fee units |
| 31 | Exceeding 1450 but not exceeding 1500 | 1027 fee units |
| 32 | Exceeding 1500 | 1095 fee units |
SCHEDULE 3—DESIGN, CONSTRUCTION AND INSTALLATION OF UNREGISTRABLE MOVABLE DWELLINGS AND ANNEXES
Regulations 34 and 35
PART 1—BCA REQUIREMENTS
1Unregistrable movable dwellings—design and construction
(1)The BCA requirements for the design and construction of unregistrable movable dwellings are the whole of the BCA Volume Two except for the following provisions—
(a)Performance Requirement H1P1(2)(o) and the deemed-to-satisfy provisions contained in clause H1D3(3) (termite control);
(b)the deemed-to-satisfy provisions contained in clauses H1D5 and H2D4 (masonry);
(c)the deemed-to-satisfy provisions contained in clauses H1D7(1), H1D7(2) and H1D7(3)(b)(ii)(B) (roof tiles and shingles);
(d)Objectives H3O1(b) and H7O1(e), Functional Statements H3F1 and H7F4, Performance Requirements H3P1 and H7P5, the deemed-to-satisfy provisions contained in clauses H3D3 (fire separation of external walls) and H7D4 (construction in bushfire prone areas);
(e)Objective H4O3(b) and (c), Functional Statement H4F3(a) and (b), Performance Requirement H4P3(1) and (3), clause 10.4.1(1)(b) to (e) of the ABCB Housing Provisions as incorporated by the deemed-to-satisfy provisions contained in clause H4D5 (sanitary facilities);
(f)Objective H7O1(a) and (b), Functional Statement H7F1, Performance Requirements H7P1 and H7P2, the deemed-to-satisfy provisions contained in clause H7D2 (swimming pools);
(g)Part H6 (energy efficiency).
(2)An unregistrable movable dwelling must be designed for a minimum design wind speed of N3 in accordance with Table 4 in Schedule 1 in the BCA Volume Two.
Note
Actions and risk management are excluded because termite protection is optional. Masonry and roof tiles are excluded because these assemblies are not movable. Bushfire construction standards are not required for movable dwellings. Fire separation for movable dwellings is in accordance with the CFA Guideline rather than the BCA. The facilities requirements are excluded because a bath or shower, closet pan, washbasin and laundry facilities are not required in movable dwellings. The energy efficiency provisions for a movable dwelling are specified in Part 2 of this Schedule.
PART 2—UNREGISTRABLE MOVABLE DWELLINGS
2Design and construction
(1)The chassis, or structural framing, of an unregistrable movable dwelling or a major part of an unregistrable movable dwelling, must be capable of supporting the structure adequately at all times, including during transportation and installation.
(2)An unregistrable movable dwelling must be provided with easily accessible anchor points for the attachment of tie-down gear.
(3)The enclosed floor area (including the area of any annexe) of an unregistrable movable dwelling used by a resident must be at least 15 square metres.
(4)An unregistrable movable dwelling of more than one storey must be designed and constructed so that it complies with—
(a)regulation 83 of the Building Regulations 2018 (overshadowing); and
(b)regulation 84 of the Building Regulations 2018 (overlooking).
3Energy efficiency
(1)The roof insulation must have a minimum R‑Value of R3.3 and the wall insulation must have a minimum R-Value of R1.5.
(2)For metal-framed dwellings, where metal framing members directly connect the external cladding to the internal lining, a thermal break such as timber, polystyrene strips, plywood or compressed bulk insulation must be provided.
(3)All sides of doors and windows must be sealed to restrict air infiltration. A range hood and exhaust fan must be provided with a flap that closes when not in use.
(4)To enable cross ventilation, an external window must be of a design other than a top hung awning window.
4Installation
(1)Footings of an unregistrable movable dwelling, including slab-on-ground footings, must be designed and constructed in accordance with AS/NZS 1170.1:2002 and AS/NZS 1170.2:2011, as in force from time to time, using a design terrain category of not less than 2·5, so that they adequately support and resist—
(a)the dead load of the structure above; and
(b)any live load; and
(c)wind forces, including lateral and uplift imposed through the attachment of tie-down gear.
(2)An unregistrable movable dwelling must be installed to bear firmly onto, and be securely attached to, the footings provided.
(3)If an unregistrable movable dwelling on a chassis has wheels and axles, they may be removed if—
(a)the dwelling is placed on footings in accordance with the requirements of this Schedule; and
(b)the council approves their removal.
(4)An unregistrable movable dwelling of more than one storey must be installed so that it complies with—
(a)regulation 83 of the Building Regulations 2018 (overshadowing); and
(b)regulation 84 of the Building Regulations 2018 (overlooking).
PART 3—ANNEXES
5Design and construction
(1)An annexe to a movable dwelling must not remain erected if the movable dwelling is not on site.
(2)The enclosed area of a rigid annexe attached to a registrable movable dwelling must be—
(a)no longer than the body of the movable dwelling; and
(b)no wider than 3·6 metres.
(3)The enclosed area of a rigid annexe attached to an unregistrable movable dwelling must be—
(a)no longer than the body of the movable dwelling; and
(b)no wider than 3·6 metres; and
(c)overall not larger than the total floor area of the movable dwelling to which it is attached.
(4)Subject to subclause (5), the height of a rigid annexe must not exceed the average height of the roof of the movable dwelling to which it is attached.
(5)If the caravan park is in an area that is liable to flooding, the floor level of the rigid annexe may be level with the floor level of the movable dwelling to which it is attached.
(6)The components of the wall and roof of a rigid annexe, excluding windows and doors, must be of commercially manufactured modular panel construction.
(7)All structural elements of a rigid annexe, including connections, bracing and tie down details, must be designed and constructed to adequately support the loads specified in AS/NZS 1170.1:2002 and AS/NZS 1170.2:2011, as in force from time to time, using a design terrain category of not less than 2·5.
(8)A floor that is used in a rigid annexe must be of modular construction and secured with removable fasteners unless it is a concrete slab on ground with a vapour barrier beneath constructed as a fixture to a site.
(9)If any floor that is used in a rigid annexe is constructed of structural sheeting, the under floor surface must be at least 150 millimetres above ground level and must have adequate ventilation.
(10)A rigid annexe must have roof flashings and perimeter wall flashings to prevent water entering the annexe.
(11)The height of the ceiling of a rigid annexe must average no less than 2·2 metres.
(12)All parts of the ceiling of a rigid annexe must exceed 2·1 metres in height.
(13)All glass used in a rigid annexe must comply with AS 1288–2006 as in force from time to time.
(14)Natural daylight must be provided to each room of the annexe by windows or doors that measure not less than 10 per cent of the floor area of the annexe.
(15)Natural ventilation must be provided to each room of the annexe by windows that measure not less than 5 per cent of the floor area of the annexe.
(16)A flexible annexe, attached to a movable dwelling that is used as a residence, must not be used as a bathroom, toilet or laundry.
6Installation
(1)A rigid annexe must comply with clause 4(1).
(2)If a rigid annexe is attached to a registrable movable dwelling, the registrable movable dwelling must be installed so that the dwelling—
(a)is secure and will not move;
(b)is on footings that will support the live and dead load of the dwelling and keep it in a stable position.
(3)If a rigid annexe is installed to adjoin a movable dwelling, the dwelling must have a minimum window area of at least 10 per cent of the floor area of each room.
(4)At least 50 per cent of the window area referred to in subclause (3) must consist of windows which are capable of being opened to the outside.
═════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020, S.R. No. 48/2020 were made on 10 June 2020 by the Governor in Council under sections 514, 515, 515A and 516 of the Residential Tenancies Act 1997, No. 109/1997 and came into operation on 22 June 2020: regulation 3.
The Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020 will be revoked on 30 June 2024: see regulation 51 (as amended by S.R. No. 58/2023).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2022, S.R. No. 125/2022
Date of Making: 25.10.22 Date of Commencement: 25.10.22
Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment (Expiry Date) Regulations 2023, S.R. No. 58/2023
Date of Making: 20.6.23 Date of Commencement: 20.6.23
Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2023, S.R. No. 106/2023
Date of Making: 3.10.23 Date of Commencement: 3.10.23
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] Reg. 4: S.R. No. 49/2010 as amended by S.R. Nos 132/2010, 150/2010, 23/2011, 137/2012 and 34/2016.
[2] Reg. 5: S.R. No. 38/2018 as amended by S.R. Nos 75/2018, 100/2018, 180/2018, 40/2019, 116/2019 and 21/2020.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 48/2020 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
In this table—
BCA means the Building Code of Australia within the meaning of section 3(1) of the Building Act 1993, comprising—
(a)Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in Schedule 1 to that Volume; and
(b)Volume Two of the National Construction Code Series including any Victoria additions set out in Schedule 1 to that Volume;
BCA Volume One means Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in Schedule 1 to that Volume;
BCA Volume Two means Volume Two of the National Construction Code Series including any Victoria additions set out in Schedule 1 to that Volume;
CFA Guideline means the CFA Caravan Park Fire Safety Guideline, published by the Country Fire Authority in May 2012.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 5, definition of CFA Guideline | CFA Guideline | The whole |
| Regulation 6 | BCA | The whole |
| Regulation 8(1) | BCA | Part A6 of Volume Two |
| Regulation 8(2) | BCA | The whole |
| Regulation 19(1)(a) | CFA Guideline | Objective O3 and Performance Measures PM4 and PM5 |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 19(1)(b) | CFA Guideline | Prescriptive Provisions PP3 and PP4 |
| Regulation 20(1)(a) | CFA Guideline | Objectives O1 and O2 and Performance Measures PM1, PM2 and PM3 |
| Regulation 20(1)(b) | CFA Guideline | Prescriptive Provisions PP1 and PP2 |
| Regulation 27(1) | Australian Drinking Water Guidelines 6 (2011), endorsed by the National Health and Medical Research Council and the Natural Resource Management Ministerial Council, published in 2011 | The whole |
| Regulation 29 | BCA Volume One | Part F2.1 |
| Regulation 34(1)(a) and clause 1(1) of Part 1 of Schedule 3 | BCA | The whole of Volume Two, except for— (a) Performance Requirement P2.1(b)(xv) and Part 3.1.4 (termite control); (b) Part 3.3 (masonry); (c) Parts 3.5.1 and 3.5.2.1(b) (roof tiles and shingles); |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| (d) Objectives O2.3(b), O2.7(e), Functional Statements F2.3.1 and F2.7.4, Performance Require-ments P2.3.1 and P2.7.5, Part 3.7.2 (fire separation of external walls) and Part 3.10.5 (construc-tion in bushfire prone areas); (e) Objective O2.4.3(b) and (c), Functional Statement F2.4.3(a) and (b), Performance Requirement P2.4.3(a) and (d), Part 3.8.3.2 (a)(ii), (iii), (iv) and (v) (sanitary facilities); | ||
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| (f) Objective O2.7(a) and (b), Functional Statement F2.7.1, Performance Require-ments P2.7.1 and P2.7.2, Part 3.10.1 (swimming pools); (g) Part 2.6 (energy efficiency) and Part 3.12 (energy efficiency) | ||
| Regulation 34(1)(a) and clause 1(2) of Part 1 of Schedule 3 | BCA | Table 3 in Volume Two |
| Regulation 34 and clause 4(1) of Schedule 3 | AS/NZS 1170.1:2002, Structural design actions—Part 1: Permanent, imposed and other actions, approved on behalf of the Council of Standards Australia and the Council of Standards New Zealand, published on 4 June 2002, incorporating Amendment Nos 1 and 2 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| AS/NZS 1170.2:2011, Structural design actions—Part 2: Wind actions, approved on behalf of the Council of Standards Australia and the Council of Standards New Zealand, published on 30 March 2011, incorporating Amendments Nos 1, 2, 3, 4 and 5 | The whole | |
| Regulation 35 and clause 5(7) of Schedule 3 | AS/NZS 1170.1:2002, Structural design actions—Part 1: Permanent, imposed and other actions, approved on behalf of the Council of Standards Australia and the Council of Standards New Zealand, published on 4 June 2002, incorporating Amendment Nos 1 and 2 AS/NZS 1170.2:2011, Structural design actions—Part 2: Wind actions, approved on behalf of the Council of Standards Australia and the Council of Standards New Zealand, published on 30 March 2011, incorporating Amendments Nos 1, 2, 3, 4 and 5 | The whole
|
| Regulation 35 and clause 5(13) of Schedule 3 | AS 1288–2006, Glass in buildings—Selection and installation, approved on behalf of the Council of Standards Australia, published on 16 January 2006, incorporating Amendment No. 1 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 36(1) | BCA | Parts 3.7.5.2(b) and 3.7.5.3 of Volume Two |
| Regulation 36(3) | BCA | Part 3.7.5.2(b) of Volume Two |
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 106/2023 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
In this table—
ABCB Housing Provisions means the Housing Provisions Standard published by the Australian Building Codes Board on 1 May 2023;
amending Regulations means the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2023;
BCA Volume One means Volume One of the National Construction Code 2022, including any Victorian variations or additions set out in Schedule 10 to that Volume;
BCA Volume Two means Volume Two of the National Construction Code 2022, including any Victorian variations or additions set out in Schedule 10 to that Volume;
National Construction Code 2022 means the National Construction Code 2022 published by the Australian Building Codes Board on 1 May 2023.
Principal Regulations means the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020;
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 4(1) of the amending Regulations which inserts a definition of ABCB Housing Provisions into regulation 5 of the Principal Regulations | ABCB Housing Provisions | The whole |
| Regulation 4(2) of the amending Regulations which substitutes the definition of BCA Volume One in regulation 5 of the Principal Regulations | BCA Volume One | The whole |
| Regulation 4(3) of the amending Regulations which substitutes the definition of BCA Volume Two in regulation 5 of the Principal Regulations | BCA Volume Two | The whole |
| Regulation 5 of the amending Regulations which amends regulation 29 of the Principal Regulations | BCA Volume One | Clause F4D2 |
| Regulation 6 of the amending Regulations which amends regulation 34(1) of the Principal Regulations | BCA Volume Two | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 7(1) of the amending Regulations which substitutes regulation 36(1) of the Principal Regulations | ABCB Housing Provisions as incorporated by the BCA Volume Two | Clauses 9.5.1(b) and 9.5.2 of the ABCB Housing Provisions Clause H3D6(1) of the BCA Volume Two |
| Regulation 7(2) of the amending Regulations which amends regulation 36(3) of the Principal Regulations | ABCB Housing Provisions as incorporated by the BCA Volume Two | Clause 9.5.1(b) of the ABCB Housing Provisions Clause H3D6(1) of the BCA Volume Two |
| Regulation 8(2) of the amending Regulations which amends clause 1(1)(a) of Schedule 3 to the Principal Regulations | BCA Volume Two | Performance Requirement H1P1(2)(o) and clause H1D3(3) |
| Regulation 8(3) of the amending Regulations which amends clause 1(1)(b) of Schedule 3 to the Principal Regulations | BCA Volume Two | Clauses H1D5 and H2D4 |
| Regulation 8(4) of the amending Regulations which amends clause 1(1)(c) of Schedule 3 to the Principal Regulations | BCA Volume Two | Clauses H1D7(1), H1D7(2) and H1D7(3)(b) (ii)(B) |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 8(5) of the amending Regulations which substitutes clause 1(1)(d) of Schedule 3 to the Principal Regulations | BCA Volume Two | Objectives H3O1(b) and H7O1(e), Functional Statements H3F1 and H7F4, Performance Requirements H3P1 and H7P5, clauses H3D3 and H7D4 |
| Regulation 8(6) of the amending Regulations which substitutes clause 1(1)(e) of Schedule 3 to the Principal Regulations | BCA Volume Two | Objective H4O3(b) and (c), Functional Statement H4F3(a) and (b), Performance Requirement H4P3(1) and (3), clause 10.4.1(1)(b) to (e) of the ABCB Housing Provisions as incorporated by the deemed-to-satisfy provisions contained in clause H4D5 |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 8(7) of the amending Regulations which substitutes clause 1(1)(f) of Schedule 3 to the Principal Regulations | BCA Volume Two | Objective H7O1(a) and (b), Functional Statement H7F1, Performance Requirements H7P1 and H7P2, clause H7D2 |
| Regulation 8(8) of the amending Regulations which substitutes clause 1(1)(g) of Schedule 3 to the Principal Regulations | BCA Volume Two | Part H6 |
| Regulation 8(9) of the amending Regulations which amends clause 1(2) of Schedule 3 to the Principal Regulations | BCA Volume Two | Table 4 in Schedule 1 |
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