Caravan Parks and Camping Grounds Amendment Regulations 2020
What changes are being made?
The Caravan Parks and Camping Grounds Amendment Regulations 2020 (amendment regulations) insert a new Part 4A 'Manufactured homes and attachments' into the Caravan Parks and Camping Grounds Regulations 1997 (the Regulations).
These amendment regulations provide a legal protection to owners whose park home has been approved and placed in a licensed caravan park or park home park prior to 1 July 2019 in the event they wished to relocate to another facility. The amendment regulations
ensure these owners cannot be refused entry on the grounds their 'park home' does not comply with the statutory definition in the Caravan Parks and Camping Grounds Act 1995 (the Act).
Why are these changes being made?
In October 2018 a decision of the State Administrative Tribunal (SAT) in the case of Henville v City of Armadale  WASAT 108 examined the definition of a park home when considering whether a developer was appropriately refused a park home park licence
by the local government.
SAT affirmed that a park home must be a means of transport and not merely movable or capable of movement.
The SAT interpretation of the definition of a park home was considerably narrower than that which has been applied by some local governments.
Subsequent to the SAT decision, the department was made aware there may be park home-owners wishing to relocate their homes who could be refused approval on the new site due to their park home not being compliant with the statutory definition in the Act.
What is a manufactured home?
The term 'manufactured home' is defined in the amendment regulations to mean a structure that is not a vehicle but is capable of movement and is designed for habitation. The term describes the essential features of the 'park homes' that have been constructed
and brought onto a facility prior to 1 July 2019 but do not comply with the definition of a park home under the Act.
What is the significance of the date 1 July 2019 in the amendments?
The SAT decision was handed down in October 2018. In February 2019 a circular from the Director General to all local governments advised local governments to accurately apply the statutory definition of a 'park home' when considering new applications
for a park home park licence and before approving placement of a park home on a facility. The department considered that 1 July 2019 provides a fair and appropriate transition time after awareness was raised of the SAT decision.
Therefore, the legal protection in the amendment regulations applies to a 'manufactured home' (a non-compliant park home) that has been brought onto a facility with the necessary approvals prior to 1 July 2019.
Does the operator of a caravan park have to accept these 'manufactured homes'?
Under regulation 30(2) of the Regulations, a licence holder operating a facility has a discretion to approve whether a park home is brought onto their facility.
If the owner has not obtained the approval of the local government for their park home to be brought onto the caravan park before they approach the licence holder, they may be refused entry.
If the owner, in accordance with regulation 40C of the amendment regulations, does not have the original certification as specified or, if those certificates are no longer available, then replacement certificates certifying their home has been constructed
in accordance with the requirements of the Building Code and is structurally sound and capable of being moved within 24 hours of detachment from services, they may be refused entry.
If the owner who wishes to relocate was placed at their original site after 1 July 2019, then they are not captured by the legal protection of the amendment regulations and may be refused entry because their manufactured home does not comply with the
definition of a park home in the Act as articulated by the SAT decision.
Under section 11(1)(a) of the Act, a licence holder of a caravan park who has been served with a prohibition notice under section 10 must not admit any new occupiers to the facility.
When do these changes take effect?
The amendment regulations come into effect on Wednesday 4 March 2020.