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Intro

Departmental Circular 2 2020

An elderly couple standing in front of their park home

The amendment regulations provide a legal protection to existing park homeowners enabling them to relocate their park home to another facility even though their dwelling may be deemed non-compliant with the statutory definition of a park home in the Caravan Parks and Camping Grounds Act 1995 (the Act).

The amendment regulations are in response to the State Administrative Tribunal decision in October 2018, Henville v City of Armadale [2018] WASAT 108 which examined the definition of a park home. (Refer to Departmental Circular 1, 15 February 2019 for more detail).

Amendments

The amendment regulations insert a new Part 4A into the Caravan Parks and Camping Grounds Regulations 1997 (the Regulations) titled 'Manufactured homes and attachments'. The definition of 'manufactured home' recognises that a structure now exists within caravan parks that has been approved as a park home but does not comply with the statutory definition of a park home as articulated in the State Administrative Tribunal decision.

A 'manufactured home' is defined as a structure that is not a vehicle, train, vessel or aircraft, that is movable or capable of movement and fitted or designed for habitation. It must also have been located in a facility prior to 1 July 2019, so it does not include structures placed in a caravan park after this date. The Department of Local Government, Sport and Cultural Industries (the department) considers that this date provides a fair and appropriate transition time after awareness was raised of the State Administrative Tribunal decision handed down in October 2018.

Regulation 40B ensures that 'manufactured homes' are treated as if they were a park home, except for some provisions which are listed in the regulations.

There are also some consequential amendments to the language in the Regulations where necessary to make it clear that these 'manufactured homes' do not have wheels, are not capable of being towed but are capable of being moved on a site.

Under regulation 40C a person wishing to bring their 'manufactured home' onto a facility must show the local government and the licence holder of the facility the original certification, as specified in the regulations. If, for example, the certificates are no longer available, new certificates are required to certify the 'manufactured home' has been constructed in accordance with the Building Code and that the home is structurally sound and is able to be moved within 24 hours if required.

Amendments to the Building Regulations 2012

A necessary consequential amendment is being made to the Building Regulations 2012 to extend the exemption from obtaining a building permit for park homes to 'manufactured homes'.

More information

Guidance material in the form of the attached frequently asked questions has been prepared and will be available on the department’s website.

For further information, please email actreview@dlgsc.wa.gov.au

Yours sincerely

Duncan Ord OAM
Director General
27 February 2020

Page reviewed 30 July 2019