New South Wales Repealed Acts

This legislation has been repealed.

RESIDENTIAL PARKS ACT 1998 - SECT 128

128 Compensation for termination or relocation

(1) The amount of compensation that a resident is entitled to be paid by a park owner under this Division is to be fixed by agreement between the resident and the park owner or by an order of the Tribunal.

(2) An application for such an order may be made, by the park owner or by the resident:

(a) in any proceedings on an application under section 113, being an application made on a ground referred to in section 101, 102 or 104, or

(b) in any proceedings on an application referred to in section 118 in respect of a residential site agreement, or

(c) in any proceedings commenced within 6 months after the resident vacates a residential site in compliance with a notice or order referred to in section 101, 102, 104, 118 or 127.

(2A) An application for a further such order may be made by the resident on the ground that the compensation fixed by any earlier order or orders is inadequate, having regard to the matters referred to in subsection (3) or (4), as the case requires.

(3) In fixing the amount of compensation to which a resident is entitled in connection with the relocation of a dwelling to a new residential site, whether in accordance with the requirements of a notice under section 127 or otherwise, the Tribunal must have regard to the following matters:

(a) the reasonable costs of removing the dwelling from the old residential site (including the costs of disconnecting any services),

(b) the reasonable costs of transporting the dwelling, and the possessions of its residents, to the new residential site,

(c) the reasonable costs of installing the dwelling at the new residential site (including the costs of connecting to the available services),

(d) the reasonable costs of repairing any damage to the dwelling arising from its relocation,

(e) the reasonable costs of landscaping the new residential site so as to bring it up to the condition of the old residential site,

(f) the value of any financial or other assistance that the park owner has given to the resident in connection with the relocation.

(4) In fixing the amount of compensation to which a resident is entitled otherwise than in connection with the relocation of a dwelling to a new residential site, the Tribunal must have regard to the following matters:

(a) the reasonable costs of removing the dwelling from the old residential site (including the costs of disconnecting any services),

(b) the reasonable costs of transporting the dwelling to its new location or disposing of the dwelling,

(c) the reasonable costs of transporting the possessions of the residents of the dwelling to their new place of residence (whether at the dwelling's new location or some other location),

(d) the reasonable costs of repairing any damage to the dwelling arising from its relocation,

(e) the value of any financial or other assistance that the park owner has given to the resident in connection with the relocation.

(5) Compensation is not payable under subsection (3) (d) or (4) (d) for an amount in excess of the value of the dwelling.

(6) Compensation is not payable under subsection (4) (b) or (c) for a distance of travel of more than 500 kilometres.

(7) This section operates to the exclusion of any provision of any Act that limits the amount for which the Tribunal can make an order.

(8) In this section:

"dwelling" means a relocatable home or a registrable moveable dwelling with a rigid annexe attached to it.