Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2012 S.R. No. 137/2012 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 Requirement to register 2 7 Duties of owners of registered caravan parks 2 8 New regulation 20(1) substituted 3 9 New regulation 21(1) substituted 3 10 New regulation 22 substituted and new section 22A inserted 4 22 Emergency management planning 4 22A Councils to notify of and consult with emergency services agencies 5 11 New regulation 23 substituted 6 23 Display of emergency procedures 6 12 New regulation 24 substituted 6 24 Display of public emergency warnings 6 13 Flood areas—notification of residents 7 14 Water supply 7 15 Sewerage and waste water 7 16 Sanitary facilities 7 17 Garbage bins 7 18 Lighting 7 19 Design, construction and installation methods—unregistrable movable dwellings 8 20 Design, construction and installation methods—annexes 8 21 Smoke alarms for movable dwellings 8 22 Compliance plate 8 23 Movable dwelling must not be installed without compliance plate 8 24 Design information to be provided on sale of movable dwelling 8 25 Notice to council 9 26 Installation certificate 9 -- 1 of 15 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel 27 Termite information 9 28 Change of use of structure 9 29 Maintenance of movable dwellings 9 30 Cleaning of movable dwelling 9 31 Maintenance by owners 9 32 Maintenance of sites 10 33 New Part 3A inserted 10 PART 3A—FIRE AUTHORITY FEES 10 46A Fees 10 ═══════════════ ENDNOTES 11 -- 2 of 15 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 137/2012 Residential Tenancies Act 1997 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2012 The Governor in Council makes the following Regulations: Dated: 27 November 2012 Responsible Minister: MATTHEW GUY Minister for Planning MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010 to— (a) remove certain offences; and (b) specify fees in respect of inspections by a relevant fire authority; and (c) increase penalties for certain offences; and (d) update requirements for sanitary facilities. 2 Authorising provisions These Regulations are made under sections 514, 515, 515A and 516 of the Residential Tenancies Act 1997. -- 3 of 15 -- S.R. No. 137/2012 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2012 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 30 November 2012. 4 Principal Regulations In these Regulations, the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 20101 are called the Principal Regulations. 5 Definitions In regulation 5 of the Principal Regulations— (a) in the definition of CFA Guideline for "Authority in July 2006 " substitute "Authority,"; and (b) insert the following definition— "relevant emergency 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;". 6 Requirement to register For the penalty at the foot of regulation 10 of the Principal Regulations substitute— "Penalty: 20 penalty units.". 7 Duties of owners of registered caravan parks For the penalty at the foot of regulation 19(2), (3), (4), (5), (6) and (7) of the Principal Regulations substitute— "Penalty: 20 penalty units.". r. 3 -- 4 of 15 -- S.R. No. 137/2012 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2012 3 Authorised by the Chief Parliamentary Counsel 8 New regulation 20(1) substituted For regulation 20(1) of the Principal Regulations substitute— "(1) For the purposes of section 518B(1) and (2) of the Act, fire fighting equipment provided and maintained by a caravan park owner must be in accordance with— (a) Objective O3 and Performance Measures PM4 and PM5 of the CFA Guideline; or (b) if complying with the Prescriptive Provisions of the CFA Guideline, prescriptive provisions PP3 and PP4.". 9 New regulation 21(1) substituted For regulation 21(1) of the Principal Regulations substitute— "(1) For the purposes of section 518C of the Act, space around movable dwellings and adjacent structures for fire fighter access and fire separation provided and maintained by a caravan park owner must be in accordance with— (a) Objectives O1 and O2 and Performance Measures PM1, PM2 and PM3 of the CFA Guideline; or (b) if complying with the Prescriptive Provisions of the CFA Guideline, prescriptive provisions PP1 and PP2.". r. 8 -- 5 of 15 -- S.R. No. 137/2012 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2012 4 Authorised by the Chief Parliamentary Counsel 10 New regulation 22 substituted and new section 22A inserted For regulation 22 of the Principal Regulations substitute— "22 Emergency management planning (1) For the purposes of section 518D(1) of the Act, an emergency management plan must be prepared by a caravan park owner in consultation with the relevant emergency services agencies. (2) In preparing an emergency management plan, a caravan park owner, in consultation with the relevant emergency services agencies, must conduct a risk assessment to identify, analyse and evaluate the emergency risks associated with the caravan park. (3) An emergency management plan must— (a) specify the risks identified, analysed and evaluated by the caravan park owner in the risk assessment; and (b) describe the specified measures to be taken to reduce emergency risks so far as is reasonably practicable, having regard to the following— (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. r. 10 -- 6 of 15 -- S.R. No. 137/2012 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2012 5 Authorised by the Chief Parliamentary Counsel (4) For the purposes of subregulation (3)(b), the specified measures must include— (a) preventative measures to reduce— (i) the likelihood of an emergency affecting the caravan park; and (ii) the degree of harm that would result if the caravan park is affected by an emergency; and (b) emergency procedures to be followed by the caravan park owner on receiving a public emergency warning or in the event of an emergency, including— (i) communication measures; and (ii) response measures; and (iii) evacuation procedures; and (c) emergency procedures to be followed by residents, short term occupiers and all other persons at the caravan park in the event of an emergency, including— (i) communication measures; and (ii) response measures; and (iii) evacuation procedures. 22A Councils to notify of and consult with emergency services agencies (1) For the purposes of regulation 22, a council must, on the request of a caravan park owner, notify the caravan park owner of the relevant emergency services agencies for the caravan park. (2) For the purposes of determining if a caravan park owner has complied with regulation 22, the council must consult with the relevant emergency services agencies.". r. 10 -- 7 of 15 -- S.R. No. 137/2012 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2012 6 Authorised by the Chief Parliamentary Counsel 11 New regulation 23 substituted For regulation 23 of the Principal Regulations substitute— "23 Display of emergency procedures For the purposes of section 518D(2) of the Act, the emergency procedures for the caravan park must be displayed in a prominent position in— (a) the caravan park office; and (b) each building in the caravan park that contains communal facilities; and (c) any other place determined by the council.". 12 New regulation 24 substituted For regulation 24 of the Principal Regulations substitute— "24 Display of public emergency warnings (1) For the purposes of section 518E(1) of the Act, a copy of the public emergency warning must be displayed in a prominent position in— (a) the caravan park office; and (b) each building in the caravan park that contains communal facilities; and (c) any other place determined by the council. (2) The copy of the public emergency warning must be displayed until the warning is no longer current.". r. 11 -- 8 of 15 -- S.R. No. 137/2012 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2012 7 Authorised by the Chief Parliamentary Counsel 13 Flood areas—notification of residents For the penalty at the foot of regulation 25(1) and (2) of the Principal Regulations substitute— "Penalty: 20 penalty units.". 14 Water supply For the penalty at the foot of regulation 27(1), (2) and (3) of the Principal Regulations substitute— "Penalty: 20 penalty units.". 15 Sewerage and waste water For the penalty at the foot of regulation 28 of the Principal Regulations substitute— "Penalty: 20 penalty units.". 16 Sanitary facilities (1) In regulation 29 of the Principal Regulations for "Parts F2.1 and F2.4" substitute "Part F2.1". (2) For the penalty at the foot of regulation 29 of the Principal Regulations substitute— "Penalty: 20 penalty units.". 17 Garbage bins For the penalty at the foot of regulation 31 of the Principal Regulations substitute— "Penalty: 20 penalty units.". 18 Lighting For the penalty at the foot of regulation 32 of the Principal Regulations substitute— "Penalty: 20 penalty units.". r. 13 -- 9 of 15 -- S.R. No. 137/2012 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2012 8 Authorised by the Chief Parliamentary Counsel 19 Design, construction and installation methods— unregistrable movable dwellings For the penalty at the foot of regulation 33(1) and (2) of the Principal Regulations substitute— "Penalty: 20 penalty units.". 20 Design, construction and installation methods— annexes For the penalty at the foot of regulation 34(1) and (2) of the Principal Regulations substitute— "Penalty: 20 penalty units.". 21 Smoke alarms for movable dwellings For the penalty at the foot of regulation 35(1), (2), (3) and (4) of the Principal Regulations substitute— "Penalty: 20 penalty units.". 22 Compliance plate For the penalty at the foot of regulation 36 of the Principal Regulations substitute— "Penalty: 20 penalty units.". 23 Movable dwelling must not be installed without compliance plate For the penalty at the foot of regulation 37 of the Principal Regulations substitute— "Penalty: 20 penalty units.". 24 Design information to be provided on sale of movable dwelling For the penalty at the foot of regulation 38 of the Principal Regulations substitute— "Penalty: 20 penalty units.". r. 19 -- 10 of 15 -- S.R. No. 137/2012 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2012 9 Authorised by the Chief Parliamentary Counsel 25 Notice to council For the penalty at the foot of regulation 39 of the Principal Regulations substitute— "Penalty: 20 penalty units.". 26 Installation certificate For the penalty at the foot of regulation 40(1), (2) and (4) of the Principal Regulations substitute— "Penalty: 20 penalty units.". 27 Termite information For the penalty at the foot of regulation 41 of the Principal Regulations substitute— "Penalty: 20 penalty units.". 28 Change of use of structure For the penalty at the foot of regulation 42 of the Principal Regulations substitute— "Penalty: 20 penalty units.". 29 Maintenance of movable dwellings For the penalty at the foot of regulation 43 of the Principal Regulations substitute— "Penalty: 20 penalty units.". 30 Cleaning of movable dwelling For the penalty at the foot of regulation 44 of the Principal Regulations substitute— "Penalty: 20 penalty units.". 31 Maintenance by owners For the penalty at the foot of regulation 45(1) and (2) of the Principal Regulations substitute— "Penalty: 20 penalty units.". r. 25 -- 11 of 15 -- S.R. No. 137/2012 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2012 10 Authorised by the Chief Parliamentary Counsel 32 Maintenance of sites For the penalty at the foot of regulation 46 of the Principal Regulations substitute— "Penalty: 20 penalty units.". 33 New Part 3A inserted After Part 3 of the Principal Regulations insert— "PART 3A—FIRE AUTHORITY FEES 46A Fees (1) A fire authority may charge a fee for carrying out an inspection and preparing a report in respect of fire safety or emergency management planning in a caravan park. (2) The maximum fee for carrying out an inspection and preparing a report in respect of fire safety and emergency management planning in a caravan park is— (a) 10 fee units for the first hour; and (b) 2·5 fee units for each subsequent quarter hour or part. __________________". ═══════════════ r. 32 -- 12 of 15 -- S.R. No. 137/2012 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2012 11 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 49/2010 as amended by S.R. Nos 132/2010, 150/2010 and 23/2011. —— 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 2012 is $12.53. 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. In accordance with section 11 of the Monetary Units Act 2004, the value of a penalty unit for the financial year commencing 1 July 2012 is $140.84. 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. Endnotes -- 13 of 15 -- S.R. No. 137/2012 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2012 12 Authorised by the Chief Parliamentary Counsel Table of Applied, Adopted or Incorporated Matter 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; CFA Guideline means the CFA Caravan Park Fire Safety Guideline, published by the Country Fire Authority in May 2012; 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 5, which amends the definition of CFA Guideline in regulation 5 of the Principal Regulations CFA Guideline The whole Regulation 8, which substitutes regulation 20(1) of the Principal Regulations CFA Guideline Objective O3 and Performance Measures PM4 and PM5 Prescriptive Provisions PP3 and PP4 -- 14 of 15 -- S.R. No. 137/2012 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2012 13 Authorised by the Chief Parliamentary Counsel Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 9, which substitutes regulation 21(1) of the Principal Regulations CFA Guideline Objectives O1 and O2 and Performance Measures PM1, PM2 and PM3 Prescriptive Provisions PP1 and PP2 Regulation 16, which amends regulation 29 of the Principal Regulations BCA Volume One Part F2.1 -- 15 of 15 --