Part 14—Regulation of caravan parks and movable dwellings

Division 1—Application

512 Application of this Part

This Part does not apply to—

(a) a caravan park that operates for a limited period to house seasonal agricultural workers or workers engaged in short-term construction jobs; or (b) a caravan park that operates for a limited period in conjunction with a festival or other similar event; or (c) a caravan park exempted by the Minister under section 513.

513 Minister may exempt caravan park from compliance with this Part

The Minister may—

(a) exempt a caravan park from compliance with this Part; and (b) revoke that exemption.

Division 2—Regulation of caravan parks and movable dwellings

514 Standards regulations

The Governor in Council may make regulations for or with respect to all or any of the following matters—

(a) standards of development in relation to land used or developed or intended to be used or developed for the placement of movable dwellings; (b) standards for facilities and services in caravan parks; (c) standards of design, construction, installation and maintenance of movable dwellings; (d) necessary and optional features, apparatus or accessories for movable dwellings; (e) health and safety standards for caravan parks with which both occupiers and owners must comply; (f) any other matters relating to the regulation of standards in respect of movable dwellings and caravan parks that are necessary to give effect to this Part.

515 Registration regulations

The Governor in Council may make regulations for or with respect to all or any of the following matters—

(a) the registration of caravan parks and prescribing terms and conditions to which registration is subject; (b) the grounds on which registration may be granted or issued, transferred or renewed; (c) appropriate forms for applications for registration, transfer or renewal of registration; (d) information to be provided in applications for registration, transfer or renewal of registration; (e) fees for registration, transfer or renewal of registration of caravan parks including—

(i) specific fees; (ii) maximum or minimum fees; (iii) maximum and minimum fees; (iv) scales of fees proportionate with the period of registration; (v) the payment of fees either generally or under specified conditions or in specified circumstances;

(f) any other matters relating to the registration of caravan parks that are necessary to give effect to this Part.

515A Fire safety and emergency management regulations

The Governor in Council may make regulations for or with respect to all or any of the following matters—

(a) the preparation of emergency management plans for caravan parks; (b) the form, content and display of emergency management plans of caravan parks, including emergency procedures and preventative measures; (c) the display of public emergency warnings in caravan parks; (d) the supply and maintenance of fire safety equipment in caravan parks; (e) standards for maintaining clear areas within caravan parks for the purposes of fire fighter access and fire separation; (f) fees for carrying out inspections and preparing reports in respect of the fire safety and emergency management plans of caravan parks including—

(i) specific fees; (ii) maximum or minimum fees; (iii) maximum and minimum fees; (iv) scales of fees proportionate with the period of registration; (v) the payment of fees either generally or under specified conditions or in specified circumstances;

(g) any other matters relating to the regulation of fire safety and emergency management plans in respect of movable dwellings and caravan parks that are necessary to give effect to this Part.

516 Additional powers

Regulations under this Part may—

(a) provide exemptions from the regulations for a class or type of person, caravan park, movable dwelling or works;

(b) prescribe a penalty not exceeding 20 penalty units for a contravention of any regulation; (c) apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

(i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published from time to time or at the time the regulations are made or at any time before then;

(d) be of a general or limited application; (e) differ according to differences in time, place or circumstance;

(f) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Minister or any government department, Council or public authority or any officer of that department, Council or authority.

Division 3—Application of building and planning laws

517 Building provisions

The Building Act 1993, except Part 12A, does not apply to movable dwellings situated in a caravan park but does apply to buildings situated in a caravan park that are not movable dwellings.

518 Planning provisions

A planning scheme or permit under the Planning and Environment Act 1987 whether made before or after the commencement of this section cannot limit the duration of residency in a caravan park.

Division 3A—Fire safety and emergency management procedures

518A Definitions

In this Division—

emergency management plan means an emergency management plan prepared under section 518D;emergency procedures means the emergency procedures contained in an emergency management plan;preventative measures means the preventative measures contained in an emergency management plan;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.

518B Provision of fire fighting equipment

(1) A caravan park owner must provide fire fighting equipment for the caravan park in accordance with the regulations.

Penalty: 240 penalty units in the case of a natural person;

1200 penalty units in the case of a body corporate.

(2) A caravan park owner must ensure that the fire fighting equipment is maintained to the prescribed standard.

Penalty: 240 penalty units in the case of a natural person;

1200 penalty units in the case of a body corporate.

518C Space around movable dwellings and adjacent structures

A caravan park owner must ensure that the area of space around movable dwellings and adjacent structures complies with the prescribed standards for providing fire fighter access and fire separation.

Penalty: 240 penalty units in the case of a natural person;

1200 penalty units in the case of a body corporate.

518D Emergency management plan and emergency procedures

(1) A caravan park owner must not operate the caravan park unless the caravan park owner has prepared an emergency management plan in accordance with the regulations.

Penalty: 240 penalty units in the case of a natural person;

1200 penalty units in the case of a body corporate.

(2) A caravan park owner must display a copy of the emergency procedures for the caravan park in the prescribed manner.

Penalty: 240 penalty units in the case of a natural person;

1200 penalty units in the case of a body corporate.

(3) A caravan park owner must implement the preventative measures for the caravan park.

Penalty: 240 penalty units in the case of a natural person;

1200 penalty units in the case of a body corporate.

(4) In the event of an emergency, a caravan park owner must implement the relevant emergency procedures for the caravan park.

Penalty: 240 penalty units in the case of a natural person;

1200 penalty units in the case of a body corporate.

518E Public emergency warnings

(1) If a public emergency warning is issued, a caravan park owner must display a copy of the public emergency warning in the prescribed manner.

Penalty: 240 penalty units in the case of a natural person;

1200 penalty units in the case of a body corporate.

(2) If a public emergency warning is issued, a caravan park owner must implement the relevant emergency procedures for the caravan park.

Penalty: 240 penalty units in the case of a natural person;

1200 penalty units in the case of a body corporate.

518F Council may issue notice

(1) If a Council determines that the emergency management plan of a caravan park does not comply with the prescribed requirements, the Council may issue a written notice to the caravan park owner specifying—

(a) the changes to the emergency management plan required in order to comply with the prescribed requirements; and (b) a time for compliance with the notice, being not less than 14 days from the date of the notice.

(2) A caravan park owner who is issued with a notice under subsection (1) must update the emergency management plan in accordance with that notice within the time period specified in the notice.

Penalty: 240 penalty units in the case of a natural person;

1200 penalty units in the case of a body corporate.

Division 4—Applications and appeals

519 Application by caravan park owner for exemption

(1) A caravan park owner may apply to the Building Appeals Board for an exemption from, or a variation of, a regulation under this Part applying to the owner and the caravan park. (2) Subsection (1) applies regardless of when the caravan park commenced operating. (3) If the Building Appeals Board is satisfied that in the particular circumstances the regulation is inappropriate or might reasonably be varied without detriment to the public interest, the Board may grant the exemption or determine that the regulation applies with any variations it thinks fit. (4) An exemption or variation ceases to apply to part of a caravan park on that part being substantially extended or re-developed.

520 Referral of disputes by caravan park owners

If any doubt, difference or dissatisfaction in respect of any matter provided for in this Part or in the regulations under this Part arises between a Council and a caravan park owner, the caravan park owner may apply to have the matter determined by the Building Appeals Board.

521 Appeals

A caravan owner or resident may appeal to the Building Appeals Board against a decision of a Council in relation to—

(a) the application of the regulations under this Part to caravan park owners, caravan owners, residents and occupiers; or (b) the application of an exemption from the regulations under this Part of caravan park owners, caravan owners, residents and occupiers.

Division 5—Enforcement

522 Compliance notice

(1) The Minister or a Council may give a compliance notice to a person who in the opinion of the Minister or Council has contravened this Part or a regulation under this Part. (2) A compliance notice must require the person to whom it is given to rectify the matter within the time specified in the compliance notice.

(3) A person must comply with a compliance notice.

Penalty: 120 penalty units.

523 Closure order

(1) The Minister may make a closure order under this section if the Minister is satisfied that a caravan park owner has—

(a) committed an offence against this Act or the regulations under this Act which is a continuing offence or is in the Minister's opinion of a serious nature; or

(b) failed to comply with an order of the Tribunal.

(2) A closure order may direct that until this Act or the regulation or the order of the Tribunal is complied with—

(a) the caravan park is to be closed; and (b) the caravan park owner must not—

(i) admit new occupiers to the park; or (ii) collect rents or hiring charges from existing residents or similar fees from other existing occupiers.

(3) A caravan park owner must comply with a closure order.

Penalty: 120 penalty units.

524 Delegations

(1) The Minister may, by instrument, delegate to any person any of his or her powers, duties or functions under this Part, except this power of delegation.

(2) A Council may, by instrument, delegate to an officer of, or the holder of an office in, the Council any of its powers, duties or functions under this Part and the regulations under this Part, except this power of delegation.

525 Authorised persons

(1) The Secretary to the Department of Planning and Community Development may authorise any employee in the public service to exercise the powers set out in section 526, either generally or in a particular case.

(2) A Council may authorise any of its officers to exercise the powers set out in section 526, either generally or in a particular case.

(2A) The Chief Officer within the meaning of the Country Fire Authority Act 1958 may, either generally or in a particular case—

(a) exercise the powers set out in section 526; (b) authorise any officer or employee of the Country Fire Authority to exercise the powers set out in section 526.

(2B) The Fire Rescue Commissioner within the meaning of the Fire Rescue Victoria Act 1958 may, either generally or in a particular case—

(a) exercise the powers set out in section 526;

(b) authorise any officer or employee of Fire Rescue Victoria to exercise the powers set out in section 526.

(3) The Secretary to the Department of Planning and Community Development must issue an identity card to each person authorised by the Secretary under this section.

(4) A Council must issue an identity card to each person authorised by the Council under this section.

(4A) The Chief Officer within the meaning of the Country Fire Authority Act 1958 must issue an identity card to each person authorised under subsection (2A).

(4B) The Fire Rescue Commissioner within the meaning of the Fire Rescue Victoria Act 1958 must issue an identity card to each person authorised under subsection (2B). (5) An identity card must—

(a) contain a photograph of the authorised person; and (b) contain the signature of the authorised person; and (c) if the identity card is issued by the Secretary, be signed by the Secretary; and

(d) if the identity card is issued by a Council, be signed by a member of staff of the Council appointed for the purpose; and

(e) if the identity card is issued by the Chief Officer within the meaning of the Country Fire Authority Act 1958, be signed by the Chief Officer; and

(f) if the identity card is issued by the Fire Rescue Commissioner within the meaning of the Fire Rescue Victoria Act 1958, be signed by the Fire Rescue Commissioner.

(6) An authorised person must—

(a) carry an identity card whenever the authorised person is exercising his or her powers under section 526; and (b) show the identity card on being requested to do so.

  1. 1 penalty unit.

526 Powers of entry and inspection

(1) An authorised person may enter any building or land at any reasonable time for the purpose of making any inspection or test to determine whether or not this Part and the regulations under this Part are being complied with. (2) An authorised person may not, under this section, enter a residence unless the occupier of the residence has consented in writing to the entry. (3) An authorised person may not, under this section, enter any other building or land—

(a) unless the occupier of the building or land has consented in writing to the entry; or (b) in the absence of that consent, unless 2 days clear notice is given to the occupier (if any).

(4) If an authorised person exercises a power of entry under this section without the owner or occupier being present, the authorised person must, on leaving the building or land, leave a notice setting out—

(a) the time of entry; and (b) the purpose of entry; and (c) a description of all things done while on the land or in the building; and (d) the time of departure; and (e) the procedure for contacting the authorised person for further details of the entry.

(5) If an authorised person exercises a power of entry under this section, the Secretary to the Department of Planning and Community Development or Council (as the case requires) must keep a record of that entry.

526A Report of inspection

(1) A person who is authorised under section 525(2A) or (2B), and who exercises a power of entry and inspection under section 526, must prepare a report of inspection. (2) A report under subsection (1) must assess whether the caravan park owner has complied with—

(a) Division 3A; or (b) any regulations made under Division 3A.

(3) A report under this section must be provided within 10 days from the day of the inspection to—

(a) the caravan park owner to whom the report relates; and

(b) the Council in whose area the caravan park is situated.

527 Proceedings for offences against this Part or the regulations

(1) The Minister or a Council may authorise a person either generally or in a particular case to institute proceedings for offences against this Part or the regulations under this Part. (2) In proceedings for offences against this Part or the regulations under this Part, proof is not required until evidence is given to the contrary of—

(a) the authority of a person to institute the proceedings; (b) the issue, transfer or renewal of a caravan park registration; (c) the giving or making of any order, notice, decision or direction.