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Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2011

S.R. No. 23/2011

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6Meaning of adjacent structure

7Regulation 7 substituted

7Meaning of schedule of works

8Regulation 8 substituted

8Building Code of Australia

9Application of the BCA

10Regulation 13 substituted

13Grant or renewal of registration

11Period of Registration

14Period of registration

12Transfer of registration

13Fire prevention and safety—access and separation

14Water supply and sewage and waste water

15Sanitary facilities

16Facilities and lighting

17New regulation 32A inserted

32ACompliance with Division 2—Amenities

18Design, construction and installation standards—unregisterable movable dwellings

19Smoke alarms for movable dwellings

20Certificate of Registration or Renewal of Registration

Form 2—Certificate of *Registration/*Renewal of Registration of a Caravan Park

21Notice of Transfer of Ownership of a Caravan Park

22Certificate of Transfer of Registration of a Caravan Park

Form 4—Certificate of Transfer of Registration of a Caravan Park

23Schedule 3

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 23/2011

Residential Tenancies Act 1997

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2011

The Governor in Council makes the following Regulations:

Dated: 19 April 2011

Responsible Minister:

MATTHEW GUY
Minister for Planning

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010 to—

(a)provide for recognition of the National Construction Code Series; and

(b)clarify the criteria for the assessment of applications for registration or renewal of registration; and

(c)clarify the application of the fire safety—access and separation requirements.

2Authorising provisions

These Regulations are made under sections 514, 515 and 516 of the Residential Tenancies Act 1997.

3Commencement

These Regulations come into operation on 1 May 2011.

4Principal Regulations

In these Regulations, the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010[1] are called the Principal Regulations.

5Definitions

In regulation 5 of the Principal Regulations insert the following definitions—

"BCA Volume One means Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume;

BCA Volume Two means Volume Two of the National Construction Code Series including any Victoria additions set out in Appendix A of that Volume;

National Construction Code Series has the same meaning as in section 3(1) of the Building Act 1993;".

6Meaning of adjacent structure

In the note at the foot of regulation 6 of the Principal Regulations, for "Volume Two of the BCA" substitute "the BCA Volume Two".

7Regulation 7 substituted

For regulation 7 of the Principal Regulations substitute—

"7   Meaning 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 20 and 21, 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).".

8Regulation 8 substituted

For regulation 8 of the Principal Regulations substitute—

"8   Building Code of Australia

In these Regulations Building Code of Australia has the same meaning as in section 3(1) of the Building Act 1993.".

9Application of the BCA

In regulation 9 of the Principal Regulations, for "Volume Two of the BCA" substitute "the BCA Volume Two".

10Regulation 13 substituted

For regulation 13 of the Principal Regulations substitute—

"13   Grant 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 22; 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.".

11Period of Registration

For regulation 14 of the Principal Regulations substitute—

"14   Period 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.".

12Transfer of registration

(1)For regulation 16(1) of the Principal Regulations substitute—

"(1)On receiving a notice of transfer of ownership under regulation 15, a council must grant the transfer of registration to the new caravan park owner if the caravan park is currently registered.".

(2)After regulation 16(3) of the Principal Regulations insert—

"(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.".

13Fire prevention and safety—access and separation

(1)For regulation 21(2)(c) of the Principal Regulations substitute—

"(c)in any other case, in accordance with subregulation (3).".

(2)After Regulation 21(2) of the Principal Regulations insert—

"(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.".

14Water supply and sewage and waste water

In regulations 27(1) and 28 of the Principal Regulations, for "A caravan" substitute "Subject to regulation 32A, a caravan".

15Sanitary facilities

In regulation 29 of the Principal Regulations—

(a)for "A caravan" substitute "Subject to regulation 32A, a caravan";

(b)for "Volume One of the BCA" substitute "the BCA Volume One".

16Facilities and lighting

In regulations 30 and 32 of the Principal Regulations, for "A caravan" substitute


"Subject to regulation 32A, a caravan".

17New regulation 32A inserted

After regulation 32 of the Principal Regulations insert—

"32A   Compliance 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.".

18Design, construction and installation standards—unregisterable movable dwellings

In regulation 33(1)(a) of the Principal Regulations, after "the BCA" insert


"Volume Two".

19Smoke alarms for movable dwellings

In regulation 35 of the Principal Regulations, for "Volume Two of the BCA" (wherever occurring) substitute "the BCA Volume Two".

20Certificate of Registration or Renewal of Registration

For Form 2 in Schedule 1 to the Principal Regulations substitute—

FORM 2"

Regulation 13

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 2010

(b)[name of owner of caravan park] has provided the most recent report from the relevant fire authority

(c)the emergency management plan has been prepared in accordance with regulation 22

*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.

__________________".

21Notice of Transfer of Ownership of a Caravan Park

In Form 3 in Schedule 1 to the Principal Regulations after "Date:" insert—

"*A Schedule of Works applies to this Registration

* Delete if not applicable.".

22Certificate of Transfer of Registration of a Caravan Park

For Form 4 in Schedule 1 to the Principal Regulations substitute—

FORM 4"

Regulation 16

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.

__________________".

23Schedule 3

In Part 1 of Schedule 3 to the Principal Regulations, for "Volume Two of the BCA" (where twice occurring) substitute "the BCA Volume Two".

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ENDNOTES


[1] Reg. 4: S.R. No. 49/2010.

——

Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004

Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

In this table:

BCA means the Building Code of Australia comprising—

(a)Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume; and

(b)Volume Two of the National Construction Code Series including any Victoria additions set out in Appendix A of 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 the Appendices to that Volume;

BCA Volume Two means Volume Two of the National Construction Code Series including any Victoria additions set out in Appendix A of that Volume;

Principal Regulations means the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010.

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied,
adopted or incorporated document
Regulation 6 which amends regulation 6 of the Principal Regulations BCA Volume Two Part 1.3
Regulation 8 which amends regulation 8 of the Principal Regulations BCA The whole
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied,
adopted or incorporated document
Regulation 9 which amends regulation 9 of the Principal Regulations BCA Volume Two The whole
Regulation 15 which amends regulation 29 of the Principal Regulations BCA Volume One Parts F2.1 and F2.4
Regulation 18 which amends regulation 33(1)(a) of the Principal Regulations BCA Volume Two

The whole except for—

(a)  Performance Requirement P2.1(b)(xv) and Part 3.1.3 (termite control);

(b) Part 3.3 (masonry);

(c)  Parts 3.5.1.0(a) and 3.5.1.2 (roof tiling);

(d) Objectives O2.3(b) and (c), Functional Statements F2.3.1 and F2.3.4, Performance Requirements P2.3.1 and P2.3.4, Part 3.7.1 (fire separation) and Part 3.7.4 (bushfire areas);
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied,
adopted or incorporated document

(e)  Objective O2.4.3(b) and (c), Functional Statement F2.4.3(a) and (b), Performance Requirement P2.4.3(a) and (c), Part 3.8.3.2 (a)(ii), (iii) and (iv) (sanitary facilities);

(f)  Objective O2.5(b) and (c), Functional Statement F2.5.2, Performance Requirements P2.5.3 and P2.5.4, Part 3.9.3 and Part 3.9.4 (swimming pools);

(g) Part 2.6 (energy efficiency) and Part 3.12 (energy efficiency)
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied,
adopted or incorporated document
Regulation 19 which amends regulation 35 of the Principal Regulations BCA Volume Two Parts 3.7.2.2(b) and 3.7.2.3
Regulation 23 which amends Part 1 of Schedule 3 to the Principal Regulations BCA Volume Two

The whole except for—

(a)  Performance Requirement P2.1(b)(xv) and Part 3.1.3 (termite control);

(b) Part 3.3 (masonry);

(c)  Parts 3.5.1.0(a) and 3.5.1.2 (roof tiling);

(d) Objectives O2.3(b) and (c), Functional Statements F2.3.1 and F2.3.4, Performance Requirements P2.3.1 and P2.3.4, Part 3.7.1 (fire separation) and Part 3.7.4 (bushfire areas);
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied,
adopted or incorporated document

(e)  Objective O2.4.3(b) and (c), Functional Statement F2.4.3(a) and (b), Performance Requirement P2.4.3(a) and (c), Part 3.8.3.2 (a)(ii), (iii) and (iv) (sanitary facilities);

(f)  Objective O2.5(b) and (c), Functional Statement F2.5.2, Performance Requirements P2.5.3 and P2.5.4, Part 3.9.3 and Part 3.9.4 (swimming pools);

(g) Part 2.6 (energy efficiency) and Part 3.12 (energy efficiency)
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