Executive Summary The purpose of this paper is to put forward proposed options for inclusion in new caravan and camping legislation in Western Australia. The objectives to be achieved from developing new legislation are as follows: Clarity in the interpretation of the legislation Consistency in the application of the legislation by local governments and state government agencies, and Flexibility of prescribed requirements for existing and new developments. The responses to the first Consultation Paper have identified that the necessary changes to the legislation are significant. Given the extent of the changes necessary, it is intended that the existing Caravan Parks Act and Regulations be repealed, and new legislation be developed in their place. The paper proposes a raft of recommendations to achieve the objectives. These recommendations are: That the current Caravan Parks Act and Regulations are repealed and a new Act and Regulations are developed in their place. A facility that has designated two or more sites for short-stay accommodation vehicles and/or tents requires approval to operate. Sites predominantly for the purpose of long-term residence, such as park home parks, must provide at least 10 designated short-stay campsites for accommodation vehicles and/or tents, or a prescribed percentage of such sites, to be eligible for an approval to operate. Any person making available a campsite for an accommodation vehicle and/or tent will need approval if it will be available for use for any more than three nights in any 28 day period. An emphasis will be placed on the development of management plans that address the operator’s target market. Unless it is owned by the landowner, any building on a facility must be, and remain at all times, transportable. Any permanent structure on a facility that is not registered under the Road Traffic Act is to be assessed as a building.
on these aspects. Consideration of these factors, along with the overall objectives of the review, has guided the development of the options and proposed recommendations. A first Consultation Paper was released by the department in May 2014 for public comment. The consultation period ended on 1 September 2014 and more than 120 submissions were received. Respondents were from a range of stakeholder groups, including caravan park and camping ground users, local governments, park operators, peak bodies and state government agencies. A breakdown of feedback received by stakeholder group can be found at Appendix 2 to this paper. The feedback received in response to the first Consultation Paper has been used to inform the development of options in this second paper. Reference is made to the general content of feedback throughout this paper. The first Consultation Paper, and submissions received in response, can be found on the department’s website at . Structure of the Paper This paper is divided into a number of parts dealing with the key themes of proposed items for inclusion in the new Caravan Parks Act. The document outlines the relevant background information for each topic and recommends the option considered most appropriate to address the specific issue, along with other key options considered. Where possible, the benefits, potential costs and other impacts that may flow from the recommended options have been identified. Feedback received through consultation undertaken in 2014 has been analysed and has assisted in forming the options and recommendations presented in this paper. Please note the detailed mechanics of implementation and operation does not form part of this paper; however, feedback on these areas is welcome during the consultation period. Where possible, suggested means of implementation have been identified and included in this paper (see Appendix 1). Guidance questions at the end of each section seek comment on suggested implementation methods, as well as on general matters. This will be taken into account in the review of the regulations.
A holiday park approval will include caravan parks that traditionally provide mixed-use accommodation types, but specifically sites for accommodation vehicles and tents. Sites can be provided for both long-stay and short-stay. A nature based park approval will be for facilities that are not in close proximity to an area that is built up with structures used for business, industry or dwelling-houses at intervals of less than 100 metres for a distance of 500 metres or more, and has been predominately formed by nature and has limited or controlled artificial light and noise intrusion. Stays will be restricted to no more than 28 days in any three month period. An event approval will be for special events where there is more than one accommodation vehicle and/or tent outside of an approved facility. An approval cannot be issued for any period greater than seven days and no more than four approvals can be issued for the property in a year. All facilities must abide by minimum standards as prescribed. These standards will be outcomes-based, rather than prescriptive, to allow for flexibility in approach. Discussion It was previously proposed that the licence categories should be reduced to more appropriately reflect the types of facilities. This proposal is reflected in option (ii), which suggests three categories, rather than seven, as proposed in option (i), status quo. Following an assessment of the consultation feedback, two further options have been included. Option (iii) proposes that there are no categories and all facilities must comply with the same minimum standards. This approach, in addition to reducing red tape by prescribing uniform standards for different categories, also affords the same protection to all users and the environment. A further option, option (iv), proposes that there are three approval to operate categories: holiday park, nature based park and event. All categories will be required comply with the same minimum standards. Under option (iv), a person will be able to apply for an approval to operate specifically for an event. Requiring an event approval allows the local government to assess whether the person holding the event has considered all the necessary elements to protect the health and safety of users, and reduce environmental impact. Options (i) and (ii) may result in confusion when applying different standards to different accommodation types, when it can be argued that all categories should