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

Authorised by the Chief Parliamentary Counsel Authorised Version i Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2011 S.R. No. 23/2011 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 2 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 Meaning of adjacent structure 2 7 Regulation 7 substituted 3 7 Meaning of schedule of works 3 8 Regulation 8 substituted 3 8 Building Code of Australia 3 9 Application of the BCA 3 10 Regulation 13 substituted 4 13 Grant or renewal of registration 4 11 Period of Registration 5 14 Period of registration 5 12 Transfer of registration 5 13 Fire prevention and safety—access and separation 6 14 Water supply and sewage and waste water 6 15 Sanitary facilities 7 16 Facilities and lighting 7 17 New regulation 32A inserted 7 32A Compliance with Division 2—Amenities 7 18 Design, construction and installation standards—unregisterable movable dwellings 7 19 Smoke alarms for movable dwellings 8 20 Certificate of Registration or Renewal of Registration 8 Form 2—Certificate of *Registration/*Renewal of Registration of a Caravan Park 8 21 Notice of Transfer of Ownership of a Caravan Park 9 -- 1 of 16 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel 22 Certificate of Transfer of Registration of a Caravan Park 9 Form 4—Certificate of Transfer of Registration of a Caravan Park 9 23 Schedule 3 9 ═══════════════ ENDNOTES 10 -- 2 of 16 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 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 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) 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. -- 3 of 16 -- S.R. No. 23/2011 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provisions These Regulations are made under sections 514, 515 and 516 of the Residential Tenancies Act 1997. 3 Commencement These Regulations come into operation on 1 May 2011. 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 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;". 6 Meaning 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". r. 2 -- 4 of 16 -- S.R. No. 23/2011 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2011 3 Authorised by the Chief Parliamentary Counsel 7 Regulation 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).". 8 Regulation 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.". 9 Application of the BCA In regulation 9 of the Principal Regulations, for "Volume Two of the BCA" substitute "the BCA Volume Two". r. 7 -- 5 of 16 -- S.R. No. 23/2011 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2011 4 Authorised by the Chief Parliamentary Counsel 10 Regulation 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. r. 10 -- 6 of 16 -- S.R. No. 23/2011 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2011 5 Authorised by the Chief Parliamentary Counsel (5) On renewing registration the council must issue a certificate of renewal of registration in the form of Form 2 in Schedule 1.". 11 Period 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.". 12 Transfer 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.". r. 11 -- 7 of 16 -- S.R. No. 23/2011 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2011 6 Authorised by the Chief Parliamentary Counsel (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.". 13 Fire 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.". 14 Water 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". r. 13 -- 8 of 16 -- S.R. No. 23/2011 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2011 7 Authorised by the Chief Parliamentary Counsel 15 Sanitary 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". 16 Facilities and lighting In regulations 30 and 32 of the Principal Regulations, for "A caravan" substitute "Subject to regulation 32A, a caravan". 17 New 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.". 18 Design, construction and installation standards— unregisterable movable dwellings In regulation 33(1)(a) of the Principal Regulations, after "the BCA" insert "Volume Two". r. 15 -- 9 of 16 -- S.R. No. 23/2011 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2011 8 Authorised by the Chief Parliamentary Counsel 19 Smoke alarms for movable dwellings In regulation 35 of the Principal Regulations, for "Volume Two of the BCA" (wherever occurring) substitute "the BCA Volume Two". 20 Certificate 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. __________________". r. 19 -- 10 of 16 -- S.R. No. 23/2011 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2011 9 Authorised by the Chief Parliamentary Counsel 21 Notice 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.". 22 Certificate 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. __________________". 23 Schedule 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". ═══════════════ r. 21 -- 11 of 16 -- S.R. No. 23/2011 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2011 10 Authorised by the Chief Parliamentary Counsel 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 Endnotes -- 12 of 16 -- S.R. No. 23/2011 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2011 11 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 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); -- 13 of 16 -- S.R. No. 23/2011 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2011 12 Authorised by the Chief Parliamentary Counsel 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) -- 14 of 16 -- S.R. No. 23/2011 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2011 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 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); -- 15 of 16 -- S.R. No. 23/2011 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2011 14 Authorised by the Chief Parliamentary Counsel 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) -- 16 of 16 --