Caravan parks are an important source of affordable housing, holiday accommodation and retirement living in Victoria. Requirements for registration of caravan parks and construction standards for movable dwellings are set out in the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010 (the Regulations), which are made under Part 14 of the Residential Tenancies Act 1997.
The Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010 sunset on 23 June 2020. To ensure that the industry continues to be appropriately regulated, the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020 have been made and will come into operation on 22 June 2020. As they are only intended to be interim regulations, they will expire after three years (on 30 June 2023).
These new regulations essentially replicate the requirements in the 2010 regulations. While there are some minor updates, there are no policy or operational changes to the requirements. This means that there will be no change to the way that the industry operates. For a list of changes to regulation numbers and incorporated matter, please see the change table in the document library.
The Government has decided to put the review of the regulations on hold to first address issues that have been identified with definitions relating to Part 14 of the Residential Tenancies Act 1997, to ensure that the overarching legal framework is fit for purpose. This review of the operation of Part 14 will be undertaken throughout 2020 and 2021.
Following any necessary changes being made to the Act, the Government will resume its review of the regulations to consider how these can be improved. Once it recommences, the issues raised in the original sunset review will continue to be considered.
Engagement with key stakeholders will remain central to the review. All public submissions made during the 2019 preliminary public consultation process will be retained and there will be no need to re-submit any input previously provided. Formal consultation on a Regulatory Impact Statement (RIS) and draft regulations will be undertaken.
What has happened to date?
The Department of Environment, Land, Water and Planning (DELWP) has been undertaking a sunset review of the 2010 Regulations. The purpose of the review is to assess how well the regulations are working and make any changes necessary for the industry to operate effectively for the future. This will ensure the safety and standard of living for residents and visitors while keeping the burden on caravan park operators as small as possible. In May 2019, DELWP released a consultation paper that set out issues identified so far and questions for stakeholders. This paper was circulated for public consultation to help DELWP understand which topics should be considered in the RIS.
Though the review has now been delayed, DELWP will continue to engage with stakeholders to answer any questions about the regulations or the review process.
The objective of the review remains ensuring the safety and standard of living for residents and visitors while minimising the burden on caravan park operators.
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