Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2024 (Vic)
Version No. 001
Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2024
S.R. No. 58/2024
Version as at
29 June 2024
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provisions
3Commencement
4Revocations
5Definitions
6Meaning of adjacent structure
7Schedule 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
Part 3—Standards
Division 1—Fire and emergency management
18Fire prevention and safety—equipment
19Fire prevention and safety—access and separation
20Emergency management planning
21Councils to notify of and consult with emergency services agencies
22Display of emergency procedures
23Display of public emergency warnings
24Flood areas—notification of residents
Division 2—Amenities
25Water supply
26Sewage and wastewater
27Sanitary facilities
28Laundry facilities
29Garbage bins
30Lighting
31Compliance with Division 2—schedule of works
Division 3—Standards for movable dwellings and annexes
32Design, construction, energy efficiency and installation standards—unregistrable movable dwellings
33Design, construction and installation standards—annexes
34Smoke alarms for movable dwellings
35Compliance plate
36Movable dwelling must not be installed without compliance plate
37Design information to be provided on sale of movable dwelling
38Notice to Council
39Installation certificate
40Termite information
Division 4—Maintenance of movable dwellings and sites
41Maintenance of movable dwellings
42Cleaning of movable dwelling
43Maintenance by owners
44Maintenance of sites
Division 5—Other standards for caravan parks
45Duties of owners of caravan parks
Part 4—Fire authority fees
46Fees
Part 5—Transitional and other matters
47Existing unregistrable movable dwellings and rigid annexes
48Continuation of registration
Schedule 1—Forms
Schedule 2—Registration application fees
Schedule 3—Requirements for unregistrable movable dwellings and rigid annexes
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2024
S.R. No. 58/2024
Version as at
29 June 2024
PART 1—PRELIMINARY
1Objective
The objective of these Regulations is to provide for—
(a)registration of caravan parks; and
(b)standards of design, construction, 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 29 June 2024.
4Revocations
The following Regulations are revoked—
(a)the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020[1];
(b)the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2022[2];
(c)the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment (Expiry Date) Regulations 2023[3];
(d)the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2023[4].
5Definitions
In these Regulations—
ABCB Housing Provisions means the Housing Provisions Standard as 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 in section 3(1) of the Ambulance Services Act 1986;
area liable to flooding has the meaning given in regulation 5(2) of the Building Regulations 2018[5];
BCA means the Building Code of Australia;
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;
Building Code of Australia has the same meaning as it has in section 3(1) of the Building Act 1993;
camp sitemeans a site that is—
(a)not provided with site services; and
(b)used for the placement of a tent or motor vehicle; and
(c)intended for use by a short-term occupier;
CFA Guidelines means the CFA Caravan Park Fire Safety Guidelines as published by the Country Fire Authority from time to time;
chassis, in 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 to manufacture or construct the dwelling or annexe but does not include to do the work necessary to install the dwelling or annexe at a site;
Country Fire Authority means the Authority appointed under section 6(1) of the Country Fire Authority Act 1958;
emergency services agency means—
(a)a responder agency within the meaning of the Emergency Management Act 2013; or
(b)Victoria Police; or
(c)Ambulance Service—Victoria; or
(d)in relation to a caravan park that is located in an area liable to flooding, the relevant floodplain management authority;
fire authority means—
(a)Fire Rescue Victoria; or
(b)the Country Fire Authority;
Fire Rescue Victoria means Fire Rescue Victoria established by section 6 of the Fire Rescue Victoria Act 1958;
flexible annexe means an annexe that, apart from any rigid support frame, has walls and a roof of canvas or other flexible material;
install, in relation to an unregistrable movable dwelling or rigid annexe, means—
(a)to assemble the sections of the dwelling or annexe; and
(b)to position or stabilise the dwelling or annexe; and
(c)to construct the footings; and
(d)to attach the sections of the dwelling or annexe to the footings;
long-term site means a movable dwelling site that is intended for use by a resident;
movable dwelling site means a site for use by a movable dwelling;
National Construction Code Series has the same meaning as in section 3(1) of the Building Act 1993;
on-site wastewater management system has the same meaning as in regulation 4 of the Environment Protection Regulations 2021[6];
relevant Council, in relation to a caravan park, means the Council of the municipal district in which the caravan park is situated;
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 floodplain management authority, in relation to a caravan park, means a person or body with—
(a)floodplain management functions under Division 4 of Part 10 of the Water Act 1989; and
(b)responsibility for the area in which the caravan park is located;
rigid annexe means an annexe that has walls and a roof constructed of non-flexible materials;
schedule of works means an agreement referred to in regulation 7;
short-termoccupier means a person who occupies a site but not as a resident;
short-term site—
(a)means a movable dwelling site that is intended for use by a short-term occupier only; and
(b)does not include a camp site;
site services means provision to individual movable dwelling sites of any or all of the following services—
(a)electricity;
(b)gas;
(c)water;
(d)telephone;
(e)a sewer, septic or other system for the collection, removal and disposal of sewage and wastewater;
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, adjacent structure means a non-habitable building or structure that—
(a)is not a movable dwelling; and
(b)is adjacent or attached to a movable dwelling; and
(c)enhances the amenity of the movable dwelling; and
(d)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 provides that Class 10 includes—
(a) Class 10a—a non-habitable building including a private garage, carport, shed or the like; and
(b) Class 10b—a structure that is a fence, mast, antenna, retaining or free-standing wall, swimming pool or the like.
7Schedule of works
A caravan park owner and the relevant Council may enter into a written agreement setting out works to be undertaken by the caravan park owner and a timeline for the undertaking of those works, for the purposes of—
(a)regulations 18 and 19, having regard to any report by a fire authority in relation to the caravan park; and
(b)Division 2 of Part 3 (other than regulations 25(4) and 29).
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 Class 1 building 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 situated in a caravan park.
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)A person may apply for registration of a caravan park.
(2)An application for registration made before 1 January 2025 must—
(a)be made to the relevant Council; and
(b)be in the form of Form 1A in Schedule 1; and
(c)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
(d)include the most recent report issued to the applicant by a fire authority; and
(e)include the schedule of works for the caravan park, if any, and evidence regarding compliance with the schedule of works; and
(f)include the emergency management plan for the caravan park; and
(g)be accompanied by the registration application fee determined under regulation 16.
(3)An application for registration made on or after 1 January 2025 must—
(a)be made to the relevant Council; and
(b)be in the form of Form 1B in Schedule 1; and
(c)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
(d)include the most recent report issued to the applicant by a fire authority; and
(e)include the schedule of works for the caravan park, if any, and evidence regarding compliance with the schedule of works; and
(f)include an emergency management plan for the caravan park that—
(i)was prepared not more than 12 months prior to the application; and
(ii)is attached to a cover sheet in the form of Form 5 in Schedule 1; and
(g)be accompanied by the registration application fee determined under regulation 16.
11Application for renewal of registration
(1)A person may apply for renewal of registration of a caravan park.
(2)An application for renewal of registration made before 1 January 2025 must—
(a)be made to the relevant Council; and
(b)be in the form of Form 1A in Schedule 1; and
(c)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
(d)include the most recent report issued to the applicant by a fire authority; and
(e)include the schedule of works for the caravan park, if any, and evidence regarding compliance with the schedule of works; and
(f)include the emergency management plan for the caravan park; and
(g)be accompanied by the renewal application fee determined under regulation 16.
(3)An application for renewal of registration made on or after 1 January 2025 must—
(a)be made to the relevant Council on or before 1 August of the year in which the current registration expires; and
(b)be in the form of Form 1B in Schedule 1; and
(c)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
(d)include a report issued to the applicant by a fire authority that meets the requirement set out in subregulation (4); and
(e)include the schedule of works for the caravan park, if any, and evidence regarding compliance with the schedule of works; and
(f)include an emergency management plan for the caravan park that—
(i)was prepared not more than 12 months prior to the application; and
(ii)is attached to a cover sheet in the form of Form 5 in Schedule 1; and
(g)be accompanied by the renewal application fee determined under regulation 16.
(4)For the purposes of subregulation (3)(d), the requirement is—
(a)if there is a schedule of works for the caravan park—
(i)that the report was issued by the fire authority within 3 years prior to the application; and
(ii)that the report was not included in a previous application; or
(b)in any other case, that the report was issued within 5 years prior to the application.
12Grant or renewal of registration
(1)On receiving an application for registration of a caravan park, the relevant Council must grant the registration if satisfied that the caravan park complies with these Regulations.
(2)On receiving an application for renewal of registration of a caravan park, the relevant Council must renew the registration if satisfied that the caravan park complies with these Regulations.
(3)In determining an application for registration or renewal of registration of a caravan park, the relevant Council must have regard to—
(a)the report by a fire authority included in the application; and
(b)the applicant's compliance 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 20; and
(d)whether or not the caravan park complies with Part 3; and
(e)the applicant's record of compliance with the Act and these Regulations.
(4)On granting the registration of a caravan park, the relevant Council must issue a certificate of registration in the form of Form 2 in Schedule 1.
(5)On renewing the registration of a caravan park, the relevant 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 at the end of the calendar year that is 2 years after the calendar year in which the registration takes effect.
Examples
1 If registration takes effect on 1 January 2026, it expires on 31 December 2028.
2 If registration takes effect on 1 July 2026, it expires on 31 December 2028.
14Notice of transfer of ownership
(1)A person who has transferred ownership of a registered caravan park to another person must give notice of that transfer to—
(a)the relevant Council; and
(b)that other person.
(2)Notice of transfer of ownership 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 person to whom ownership of a caravan park has been transferred must ensure that, for 30 days after the day on which the person receives the notice under subregulation (1), a copy of the notice is displayed in a prominent position at the caravan park office or a place determined by the relevant Council.
Penalty:10 penalty units.
15Transfer of registration
(1)On receiving a notice of transfer of ownership under regulation 14, the relevant Council must transfer the registration of the caravan park to the new owner if the caravan park is currently registered.
(2)On transferring the registration of a caravan park, the relevant Council must issue a certificate of transfer of registration in the form of Form 4 in Schedule 1 to the person to whom registration is transferred.
(3)A person to whom registration of a caravan park has been transferred must ensure that, for 30 days after the day on which the person receives the certificate under subregulation (2), the certificate is displayed in a prominent position at the caravan park office or a place determined by the relevant Council.
Penalty:10 penalty units.
16Fees
(1)The fee to accompany an application for registration or renewal of registration of a caravan park is the fee determined by the relevant Council.
(2)The fee determined by the relevant Council must not exceed—
(a)if the period of registration is to be 3 years, the fee specified in Column 3 of Schedule 2 corresponding to the total number of sites of the caravan park (other than camp sites) specified in Column 2 of that Schedule; or
(b)if the period of registration is to be less than 3 years, the fee determined by the following formula—
where—
Ais the maximum fee;
Bis the fee determined under paragraph (a);
Cis the number of whole months of the period of registration.
17Register of caravan parks
(1)A Council must keep a register of the caravan parks in its municipal district.
(2)The register under subregulation (1) must contain the following information in respect of each caravan park—
(a)the registration number as shown on the certificate of registration or the certificate of renewal of registration;
(b)the date of the initial application for registration;
(c)the date of any application for renewal of registration;
(d)the name and business address of the caravan park owner;
(e)the name and business address of any person other than the caravan park owner who is responsible for the management of the caravan park;
(f)the address of the caravan park;
(g)the date of registration;
(h)the date of any renewal of registration;
(i)the date of any transfer of registration;
(j)the name and business address of each person to whom the registration is transferred.
PART 3—STANDARDS
Division 1—Fire and emergency management
18Fire prevention and safety—equipment
(1)For the purposes of section 518B(1) of the Act, fire fighting equipment must be provided in a manner that meets Objective 1 and Objective 7 of the CFA Guidelines in accordance with the requirements of the CFA Guidelines.
(2)Despite subregulation (1), if there is a schedule of works for a caravan park which provides for works in relation to the provision of fire fighting equipment, the caravan park owner is not required to comply with subregulation (1) until the relevant date specified in the schedule of works.
(3)For the purposes of section 518B(2) of the Act, the prescribed standard is—
(a)if there is a schedule of works for a caravan park which provides for works in relation to the maintenance of fire fighting equipment, Objective 1 and Objective 7 of the CFA Guidelines, met in accordance with the requirements of the schedule of works; or
(b)in any other case, Objective 1 and Objective 7 of the CFA Guidelines, met in accordance with the requirements of the Guidelines.
19Fire prevention and safety—access and separation
(1)For the purposes of section 518C of the Act, the prescribed standard for a new caravan park is Objective 2, Objective 3 and Objective 7 of the CFA Guidelines, met in accordance with the requirements of the Guidelines.
(2)For the purposes of section 518C of the Act, the prescribed standard for an existing caravan park is—
(a)if there is a schedule of works for the caravan park which provides for works in relation to the space around movable dwellings and adjacent structures—
(i)Objective 2, Objective 3 and Objective 7 of the CFA Guidelines, met in accordance with the requirements of the schedule of works; or
(ii)a space that is no less than the space that was between and around movable dwellings on 28 June 2024, met in accordance with the schedule of works; or
(b)in any other case—
(i)Objective 2, Objective 3 and Objective 7 of the CFA Guidelines, met in accordance with the requirements of the Guidelines; or
(ii)a space that is no less than the space that was between and around movable dwellings on 28 June 2024.
(3)For the purposes of section 518C of the Act, the prescribed standard for a new movable dwelling in an existing caravan park is—
(a)if there is a schedule of works for the caravan park which provides for works in relation to the space around movable dwellings and adjacent structures—
(i)Objective 2, Objective 3 and Objective 7 of the CFA Guidelines, met in accordance with the requirements of the schedule of works; or
(ii)a space between and around the new dwelling that is no less than the space that was provided between and around the previous dwelling installed on that site, met in accordance with the schedule of works; or
(b)in any other case—
(i)Objective 2, Objective 3 and Objective 7 of the CFA Guidelines, met in accordance with the requirements of the Guidelines; or
(ii)a space between and around the new dwelling that is no less than the space that was provided between and around the previous dwelling installed on that site.
(4)In this regulation—
existing caravan park means a caravan park operating on 29 June 2024;
new caravan park means a caravan park that begins operating on a day after 29 June 2024.
20Emergency 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 relevant emergency services agencies.
(2)In preparing an emergency management plan, a caravan park owner, in consultation with 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 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)The measures referred to in subregulation (3)(b) 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.
21Councils to notify of and consult with emergency services agencies
(1)For the purposes of regulation 20, on the request of a caravan park owner, the relevant Council must notify the caravan park owner of the relevant emergency services agencies for the caravan park.
(2)The relevant Council may consult with the relevant emergency services agencies when making a determination under section 518F(1) of the Act.
22Display of emergency procedures
For the purposes of section 518D(2) of the Act, the prescribed manner of displaying emergency procedures for a caravan park is that they 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 relevant Council.
23Display of public emergency warnings
(1)For the purposes of section 518E(1) of the Act, the prescribed manner of displaying a copy of a public emergency warning is that it 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 relevant Council.
(2)The copy of the public emergency warning must be displayed until the warning is no longer current.
24Flood 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—
(a)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 movable dwelling site in the caravan park; and
(b)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.
(2)In determining whether or not a caravan park owner has complied with this regulation, the relevant Council may consult with the relevant floodplain management authority.
Division 2—Amenities
25Water supply
(1)Subject to regulation 31, 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)Subject to regulation 31, a caravan park owner must ensure that a continuous and adequate supply of water is provided in the caravan park to—
(a)all sites other than camp sites; and
(b)all sanitary and laundry facilities in the caravan park.
Penalty:20 penalty units.
(3)Subject to regulation 31, a caravan park owner must ensure that a continuous and adequate supply of heated water is provided to all sanitary and laundry facilities in the caravan park.
Penalty:20 penalty units.
(4)On and from 1 January 2025, a caravan park owner must ensure that any water that is provided in the caravan park that is non-potable is clearly marked with a non-potable water sign.
Penalty:20 penalty units.
(5)For the purposes of subregulation (4), a non‑potable water sign is a sign that meets AS1319–1994.
26Sewage and wastewater
Subject to regulation 31, a caravan park owner must ensure that all sewage and wastewater discharged from a movable dwelling in a caravan park is discharged—
(a)to a reticulated sewerage system; or
(b)to an on-site wastewater management system approved by—
(i)in the case of a system designed to discharge 5000 litres of sewage a day or less, the relevant Council under Chapter 4 of the Environment Protection Act 2017; or
(ii)in the case of a plant designed to discharge more than 5000 litres of sewage a day, the Environment Protection Authority under Chapter 4 of the Environment Protection Act 2017.
Penalty:20 penalty units.
27Sanitary facilities
Subject to regulation 31, 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.
28Laundry facilities
Subject to regulation 31, 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.
29Garbage 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.
30Lighting
Subject to regulation 31, a caravan park owner must ensure that the lighting of common areas, roadways, recreation areas and paths in use in the caravan park enables the safe and convenient use of the caravan park.
Penalty:20 penalty units.
31Compliance with Division 2—schedule of works
Despite anything in this Division (other than regulations 25(4) and 29), if there is a schedule of works for a caravan park which provides for works that would enable the caravan park owner to comply with a provision of this Division, the caravan park owner is not required to comply with that provision until the relevant date specified in the schedule of works.
Division 3—Standards for movable dwellings and annexes
32Design, construction, energy efficiency 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 requirements, as if the unregistrable movable dwelling were a Class 1 building within the meaning of the BCA Volume Two—
(a)the relevant design and construction requirements of the BCA Volume Two set out in clause 1 of Schedule 3;
(b)the relevant design and construction requirements set out in clause 2 of Schedule 3.
Penalty:20 penalty units.
(2)A person who constructs an unregistrable movable dwelling for installation in a caravan park must do so in accordance with the relevant energy efficiency requirements set out in clause 3 of Schedule 3.
Penalty:20 penalty units.
(3)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 clause 4 of Schedule 3.
Penalty:20 penalty units.
33Design, 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 clause 5 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 clause 6 of Schedule 3.
Penalty:20 penalty units.
34Smoke alarms for movable dwellings
(1)A person who constructs a movable dwelling, for installation in a caravan park 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.
35Compliance 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.
36Movable 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 35.
Penalty:20 penalty units.
37Design 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.
38Notice 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 relevant 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 relevant Council.
Penalty:20 penalty units.
39Installation certificate
(1)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 (2) immediately on completion of the installation.
Penalty:20 penalty units.
(2)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
(iii)a copy of installation designs appropriate to the design, wind speed, soil type and other considerations to the dwelling or annexe and its location; 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.
(3)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 relevant Council within 7 days after the completion of the installation.
Penalty:20 penalty units.
40Termite information
If a caravan park is in an area that the relevant 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.
Division 4—Maintenance of movable dwellings and sites
41Maintenance 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.
42Cleaning 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.
43Maintenance 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.
44Maintenance 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.
Division 5—Other standards for caravan parks
45Duties of owners of caravan parks
(1)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.
(2)A caravan park owner must ensure that any vehicle of an emergency services agency can access the caravan park at all times without delay.
Penalty:20 penalty units.
(3)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 a place determined by the relevant Council.
Penalty:20 penalty units.
(4)A caravan park owner must ensure that a register is maintained specifying—
(a)the name and address of each resident and short-term occupier of the caravan park; and
(b)the arrival and departure date of each resident and short-term occupier.
Penalty:20 penalty units.
(5)A caravan park owner must ensure that the following are displayed in a prominent position at the caravan park office or a place determined by the relevant Council—
(a)the certificate of registration or certificate of renewal of registration;
(b)the plan of the caravan park included in the application for registration or renewal of registration;
(c)a copy of the caravan park rules made under section 185 of the Act.
Penalty:20 penalty units.
(6)A caravan park owner must ensure that the following documents are accessible, on request, to residents and short-term occupiers of the caravan park—
(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 4—FIRE AUTHORITY FEES
46Fees
(1)A fire authority may charge a fee for carrying out an inspection and preparing a report in respect of fire safety and 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
47Existing unregistrable movable dwellings and rigid annexes
An unregistrable movable dwelling or rigid annexe in a caravan park that, immediately before 29 June 2024, complied with the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020 is taken to comply with these Regulations on and from that day, unless it ceases to comply with the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020 as a result of non-maintenance or alteration.
48Continuation of registration
(1)A caravan park that, immediately before 29 June 2024, was registered under the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020 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 2020.
(2)The registration of a caravan park referred to in subregulation (1) may be renewed or transferred in accordance with these Regulations.
SCHEDULE 1—FORMS
FORM 1A
Regulations 10 and 11
Residential Tenancies Act 1997
APPLICATION FOR *REGISTRATION/*RENEWAL OF REGISTRATION OF A CARAVAN PARK
To [name of relevant 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:
Number of short-term sites:
Number of camp sites:
The following documents, which are required to be included with this application under *regulation 10/*regulation 11, have been included:
·a plan of the caravan park;
·the most recent report issued by a fire authority;
·the schedule of works for the caravan park (if any);
·the emergency management plan for the caravan park.
Signature:
Date:
*Delete if not applicable.
FORM 1B
Regulations 10 and 11
Residential Tenancies Act 1997
APPLICATION FOR *REGISTRATION/*RENEWAL OF REGISTRATION OF A CARAVAN PARK
To [name of relevant 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:
Number of short-term sites:
Number of camp sites:
The following documents, which are required to be included with this application under *regulation 10/*regulation 11, have been included:
·a plan of the caravan park;
·a report issued by a fire authority;
·the schedule of works for the caravan park (if any);
·an emergency management plan for the caravan park prepared within the previous 12 months.
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 relevant Council], being satisfied that [name of caravan park] complies with the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2024:
*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:
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 relevant Council]:
I [name of previous 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 previous caravan park owner:
Date:
FORM 4
Regulation 15
Residential Tenancies Act 1997
CERTIFICATE OF TRANSFER OF REGISTRATION OF A CARAVAN PARK
The [name of relevant 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:
Registration number:
Name of person authorised to issue certificate:
Signature of person authorised to issue certificate:
Date of issue:
FORM 5
Regulations 10 and 11
Residential Tenancies Act 1997
EMERGENCY MANAGEMENT PLAN (COVER SHEET)
I [applicant's name] of [applicant's address], being the owner of [name of caravan park] situated at [address of caravan park], submit for review to [name of relevant Council] the attached emergency management plan.
I confirm that—
(a)the attached plan for [name of caravan park] was finalised on [date]; and
(b)the attached plan was developed to comply with regulation 20 of the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2024; and
(c)I have consulted with the emergency services agencies specified in the following table—
| Emergency services agency | Branch/Depot | Phone number | Dates consulted |
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—REQUIREMENTS FOR UNREGISTRABLE MOVABLE DWELLINGS AND RIGID ANNEXES
Regulations 32 and 33
1Design and construction of unregistrable movable dwellings—BCA requirements for 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 risk management);
(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 (2), 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);
(h)Part H8 (liveable housing design).
(2)In addition to the requirements set out in subclause (1) 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.
2Design and construction unregistrable movable dwellings—Other requirements
(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.
3Energy efficiency requirements for unregistrable movable dwellings
(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 requirements for unregistrable movable dwellings
(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 1170.2:2021, as in force from time to time, using a design terrain category of not less than 2·5 metres, 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 the dwelling is placed on footings in accordance with the requirements of this Schedule.
(4)An unregistrable movable dwelling of more than one storey must be installed so that it complies with—
(a)regulation 83 (other than regulation 83(3)) of the Building Regulations 2018 (overshadowing of recreational private open space); and
(b)regulation 84 (other than regulation 84(9)) of the Building Regulations 2018 (overlooking).
5Design and construction requirements for annexes
(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 no larger than the total floor area of the movable dwelling to which it is attached.
(4)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 gear, must be designed and constructed to adequately support the loads specified in AS/NZS 1170.1:2002 and AS/NZS 1170.2:2021, as in force from time to time, using a design terrain category of not less than 2·5 metres.
(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 1288–2021 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 requirements for annexes
(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; and
(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 2024, S.R. No. 58/2024 were made on 25 June 2024 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 29 June 2024: regulation 3.
The Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2024 will sunset 10 years after the day of making on 25 June 2034 (see section 5 of the Subordinate Legislation Act 1994).
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
There are no amendments made to the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2024 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
[1] Reg. 4(a): S.R. No. 48/2020 as amended by S.R. Nos 125/2022, 58/2023 and 106/2023.
[2] Reg. 4(b): S.R. No. 125/2022.
[3] Reg. 4(c): S.R. No. 58/2023.
[4] Reg. 4(d): S.R. No. 106/2023.
[5] Reg. 5 def. of area liable to flooding: S.R. No. 38/2018 as amended by S.R. Nos 38/2018, 75/2018, 100/2018, 180/2018, 40/2019, 116/2019, 21/2020, 42/2020, 83/2020, 101/2020, 73/2021, 128/2021, 50/2022, 61/2022, 65/2023, 80/2023, 102/2023, 122/2023, 132/2023 and 2/2024.
[6] Reg. 5 def. of on-site wastewater management system: S.R. No. 47/2021 as amended by S.R. Nos 82/2021, 92/2021, 123/2021, 131/2021, 132/2021, 85/2022, 86/2022, 120/2022 and 115/2023.
——
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 and for the financial year commencing 1 July 2024 is $16.33. 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 and for the financial year commencing 1 July 2024 is $197.59. 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. 58/2024 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2024.
In this table—
ABCB Housing Provisions means the Housing Provisions Standard published by the Australian Building Codes Board dated 1 May 2023;
BCA means the Building Code of Australia;
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;
Building Code of Australia has the same meaning as it has in section 3(1) of the Building Act 1993;
CFA Guidelines means the CFA Caravan Park Fire Safety Guidelines, published by the Country Fire Authority effective 1 May 2024.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 5, definition of ABCB Housing Provisions | ABCB Housing Provisions | The whole |
| Regulation 5, definition of BCA Volume One | BCA Volume One | The whole |
| Regulation 5, definition of BCA Volume Two | BCA Volume Two | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 5, definition of CFA Guidelines | CFA Guidelines | The whole |
| Regulation 6 | BCA | The whole |
| Regulation 8(1) | BCA | Part A6 of BCA Volume Two |
| Regulation 8(2) | BCA | The whole |
| Regulation 18(1) and (3) | CFA Guidelines | The whole |
| Regulation 19(1), (2)(a)(i) and (b)(i), (3)(a)(i) and (b)(i) | CFA Guidelines | The whole |
| Regulation 25(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 25(5) | AS1319–1994, Safety signs for the occupational environment (Reconfirmed 2018), approved on behalf of the Council of Standards Australia, published on 18 April 1994 | The whole |
| Regulation 27 | BCA Volume One | Part F2.1 |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 32(1)(a) and clause 1(1) of Schedule 3 | BCA Volume Two | The whole |
| Regulation 32(1)(a) and clause 1(2) of Schedule 3 | BCA Volume Two | Table 4 in Schedule 1 |
| Regulation 32(3) and clause 4(1) of Schedule 3 | AS/NZS 1170.1:2002, Structural design actions—Part 1: Permanent, imposed and other actions (Reconfirmed 2016), 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 1170.2:2021, Structural design actions—Part 2: Wind actions, approved on behalf of the Council of Standards Australia and the New Zealand Standards Approval Board, published on 30 July 2021, incorporating Amendment No. 1 | The whole The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 33(1) and clause 5(7) of Schedule 3 | AS/NZS 1170.1:2002, Structural design actions—Part 1: Permanent, imposed and other actions (Reconfirmed 2016), 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 1170.2:2021, Structural design actions—Part 2: Wind actions, approved on behalf of the Council of Standards Australia and the New Zealand Standards Approval Board, published on 30 July 2021, incorporating Amendment No. 1 | The whole The whole |
| Regulation 33(1) and clause 5(13) of Schedule 3 | AS 1288–2021, Glass in buildings—Selection and installation, approved on behalf of the Council of Standards Australia, published on 25 June 2021 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 34(1) | 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 34(3) | 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 |
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