New South Wales Consolidated Regulations

LOCAL GOVERNMENT (MANUFACTURED HOME ESTATES, CARAVAN PARKS, CAMPING GROUNDS AND MOVEABLE DWELLINGS) REGULATION 2021 - REG 4

4 Interpretation

(1) In this Regulation--

"ABCB Housing Provisions Standard" means the Housing Provisions Standard published by the Australian Building Codes Board from time to time.

"access road" means a road, other than a public road, located within a manufactured home estate, a caravan park or a camping ground.

"AMCORD" means the Australian Model Code for Residential Development in AMCORD--A National Resource Document for Residential Development published in 1995 by the Commonwealth Department of Housing and Regional Development.

"annexe" means a moveable dwelling that is--

(a) an attachment to a relocatable home or caravan, and

(b) used as an extension of the habitable area of the relocatable home or caravan, and

(c) capable of being erected or removed within 24 hours.

"approval" means an approval--

(a) in Part 2, Division 2, Subdivision 2 and Part 3, Division 2, Subdivision 2--to install a manufactured home, moveable dwelling or associated structure, and

(b) otherwise in Part 2--to operate a manufactured home estate, and

(c) otherwise in Part 3--to operate a caravan park or camping ground.

"Australian/New Zealand Wiring Rules" means AS/NZS 3000:2000, Electrical installations .

"Building Code of Australia" has the same meaning as it has in the Environmental Planning and Assessment Act 1979 .

"bush fire prone land" in an area means land recorded for the time being as bush fire prone land on a bush fire prone land map for the area.

"bush fire prone land map" for an area means a map for the area certified under the Environmental Planning and Assessment Act 1979 , section 10.3(2).

"camp site" means an area of land--

(a) within--

(i) a camping ground, on which a campervan or tent may be installed, or

(ii) a primitive camping ground, on which a campervan, tent or caravan may be installed, and

(b) designated as a camp site by the approval for the camping ground.

"campervan" means a moveable dwelling, other than a caravan, designed to be capable of being registered as a motor vehicle, and includes a camper trailer.

"caravan" means a moveable dwelling designed to be capable of being registered as a trailer, but does not include a camper trailer.

"certificate of completion" --see section 69.

"community amenity" means a space or facility, other than a car parking space--

(a) required to be provided within a manufactured home estate, caravan park or camping ground, and

(b) used or intended to be used--

(i) for the administration or servicing of the manufactured home estate, caravan park or camping ground, or

(ii) for recreational or other communal purposes by occupiers of manufactured homes within a manufactured home estate or moveable dwellings within a caravan park or camping ground.

"community building" means a building used or intended to be used in connection with a community amenity, including a building used as a manager's or caretaker's office or residence.

Example--: A shower block, toilet block or laundry block.

"community map" means a scale map that accurately shows--

(a) for a manufactured home estate--the road reserves, community amenities and dwelling sites within the manufactured home estate, and

(b) for a caravan park or camping ground--the following within the caravan park or camping ground--

(i) the access roads, community amenities and community buildings,

(ii) the number, size, location and dimensions of dwelling sites or camp sites,

(iii) for a dwelling site or camp site--the off-site parking space, if any, designated for use by the occupier of the dwelling site or camp site.

"compliance plate" --

(a) for a manufactured home or associated structure--see section 67, or

(b) for a relocatable home or associated structure--see section 158.

"dwelling site" means an area of land--

(a) for a manufactured home estate--designated as a dwelling site by the approval for the manufactured home estate, and

(b) for a caravan park--

(i) on which a moveable dwelling may be installed, and

(ii) designated as a dwelling site by the approval for the caravan park.

"Electricity Code of Practice" means the Code of Practice for Electricity Supply to Long-term Residents of Caravan Parks published by the Department of Planning, Industry and Environment and as in force from time to time.

"engineer's certificate" means a certificate issued by a structural engineer under--

(a) for the design of a manufactured home or associated structure--section 51, or

(b) for the design of a relocatable home or associated structure--section 142, or

(c) for the design of a rigid annexe-- section 165.

"ensuite facility" for a dwelling site means a building, part of a building or an associated structure--

(a) containing a shower, toilet and handbasin, and

(b) provided for the exclusive use of the occupiers of the site, and

(c) located on or adjacent to the site.

"flexible annexe" means an annexe consisting entirely of canvas or other flexible material, other than the following parts--

(a) a rigid support frame,

(b) a floor, door, window or other securable opening.

"flood liable land" means land determined by the council to be flood liable land after considering the principles contained in the Floodplain Development Manual.

"Floodplain Development Manual" means the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government and as in force from time to time.

"habitable room" has the same meaning as in the Building Code of Australia .

"holiday van" means a moveable dwelling, other than a tent--

(a) usually located on a short-term site, and

(b) used primarily by the owner of the moveable dwelling for occasional occupancy for holidays.

"installation" means the following, including the connection of gas, electricity, telephone, water, sewerage and drainage services--

(a) for a manufactured home or a relocatable home--the process of connecting and attaching to footings--

(i) the major sections of the manufactured home or relocatable home, and

(ii) associated structures forming part of the manufactured home or relocatable home,

(b) for an associated structure--the process of constructing, assembling and attaching to footings the components of the associated structure.

"long-term site" means a dwelling site specified in the approval for a caravan park as a long-term site.

"major access road" means an access road serving more than 30 dwelling sites within a manufactured home estate.

"major section" means a single portion of a manufactured home or relocatable home--

(a) containing a total living space of at least 20 cubic metres, excluding the living space contained in an associated structure, and

(b) comprising the major components of the portion of the home, including the following--

(i) the chassis or frame,

(ii) the external and internal walls,

(iii) the roof and ceilings,

(iv) the floors, windows and doors,

(v) the internal plumbing and wiring,

(vi) the tiling,

(vii) the kitchen, bathroom and laundry fittings, other than stoves, refrigerators, washing machines and other white goods,

(viii) the built-in cupboards and cabinets.

"minor access road" means an access road serving no more than 30 dwelling sites within a manufactured home estate.

"park van" means a moveable dwelling, other than a tent, whether or not capable of being registered, that is--

(a) usually located on a short-term site, and

(b) provided for hire, and

(c) used primarily by a site occupier, other than the owner of the moveable dwelling, for occasional occupancy for holidays.

"Plumbing Code of Australia" means the Plumbing Code of Australia , produced for all State governments by the Australian Building Codes Board, as in force from time to time.

"structural engineer" means a registered professional engineer, within the meaning of the Design and Building Practitioners Act 2020 , who is authorised by the registration to carry out work in structural engineering.

"primitive camping ground" means a camping ground specified in its approval as a primitive camping ground.

"registered" has the same meaning as in the Road Transport Act 2013 .

"relocatable home" means a manufactured home or other moveable dwelling, other than a tent, caravan, campervan or vehicle capable of being registered--

(a) whether or not self-contained, and

(b) that consists of at least 1 major section, including an associated structure forming part of the dwelling.

"rigid annexe" means an annexe that is not a flexible annexe.

"road reserve" means the part of a manufactured home estate, excluding part of a dwelling site, reserved for access roads, footpaths, parking spaces and associated landscaping.

"self-contained moveable dwelling" means a moveable dwelling that contains shower and toilet facilities.

"short-term site" means a dwelling site--

(a) on which a moveable dwelling ordinarily used for holidays may be installed, and

(b) specified in the approval for a caravan park as a short-term site.

"site boundary" of a caravan park or camping ground means the boundary of a dwelling site or camp site, other than a boundary fronting onto an access road.

"storey" for a relocatable home, associated structure or rigid annexe means the space located between 1 floor level and the floor level next above or, if there is no floor above, the ceiling or roof.

"the Act" means the Local Government Act 1993 .

(2) A reference in this Regulation to an Australian Standard or an Australian and New Zealand Standard is a reference to the Australian Standard or Australian and New Zealand Standard as in force from time to time.