August 2014

Proposal for Caravan Parks and

Camping Grounds Legislation

Submission to Department of Local Government Western Australia

by the

Campervan and Motorhome Club of Australia Limited

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The objectives of the Campervan and Motorhome Club of Australia (CMCA) Limited:

1. Maximising the availability of low-cost and no-cost camping grounds with minimal

facilities to meet the accommodation needs of self-contained recreational vehicle

(RV) travellers.

2. Caravan parks to be maintained with services at a level appropriate for travellers who

do not own a self-contained vehicle.

3. Ensuring there is the opportunity for CMCA to establish member only camping

grounds across Western Australia (WA).

4. Changes in the regulations attached to the Act must be as forward thinking as

possible and should not just address current issues.

All responses provided in this paper are aimed at meeting the CMCA objectives as outlined

above.

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Question 1: Are there any issues with the proposed definitions in Table 3: Proposed definition in new

legislation of this consultation paper? Please explain.

The accommodation needs of vehicles are not determined by vehicle type but by vehicle self-

containment capacity. Within the definitions of the discussion paper, there are both self-contained

and non-self-contained vehicles.

The CMCA believes it is the requirements of self-contained and non-self-contained RVs that need to

be addressed very clearly.

Question 2: Are there other significant term that requires definition? If so, what is/are the term(s) and

your proposed definition(s)?

Recreational vehicle: Any vehicle either towed (trailer) or self-propelled (motor vehicle) that is

designed to be used for habitation. This includes caravans, motorhomes, campervans, fifth wheelers,

slide-on campers and camper trailers.

Self-contained recreational vehicle: Any recreational vehicle with an on-board shower and toilet, as

well as kitchen facilities and the capacity to store potable water, retain black and grey water, and

store all other refuse within the confines of the vehicle for a minimum of two nights.

Question 3: Can you identify any particular cost impacts or benefits that may result from the

implementation of these proposed definitions? Please provide details.

The accommodation needs of self-contained RVs are limited to a place to park, a dump point and

potable water. These vehicles need considerably less accommodation infrastructure than vehicles

requiring the facilities of a full service caravan park.

Proposal 1: The principal focus of the new legislation is on holiday parks and relevant holiday

accommodation.

Proposal 2: Caravan parks and camping grounds are referred to as holiday parks in the new

legislation.

Proposal 3: The new legislation no longer covers long-stay residential parks which will be treated like

any other residential village.

Proposal 4: The development of holiday parks has to comply with the Planning and Development Act

2005 and associated legislation.

Question 4: Do you support the change in terminology from ‘caravan parks and camping grounds’ to

‘holiday parks’? If yes, why? If no, why?

Yes; it provides a clear and relevant description.

Question 5: Should the new legislation contain a provision that before granting a licence for a holiday

park, relevant provisions of planning legislation must be complied with? Please explain

Yes; it will maintain the integrity of the development.

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Question 6: What impacts will the distinction between long-stay residential parks and holiday parks

have on users, developers and administrators?

It will clearly separate tourist facilities from residential facilities, and avoid the problem of trying to

meet the needs of two separate markets within one facility.

Question 7: What are the impacts if long-stay residential parks are removed from the new legislation

and treated as residential developments?

There may be a possible loss in the overall number of holiday parks and powered sites.

Question 8: Should there be a transitional clause to exclude long-stay residential parks from the new

legislation? If so, what do you suggest as a transitional clause?

No comment.

Question 9: Can you identify any particular cost impacts or benefits that may result from removing long-

stay residential parks from the new legislation? Please provide details.

No comment.

Proposal 5: The following are the proposed objects of the new CPCG Act:

An Act to –

(a) minimise the health and safety risks to the users of holiday parks;

(b) provide for the licensing and regulation of accommodation located in holiday parks; and for other

related matters.

Question 10: Are these proposed objects sufficient? Please explain.

These proposed objectives are broad and all encompassing, suggesting the processes by which these

objectives are implemented will be critical. The process for this to happen needs to be concise and

workable. It also needs to be ensured that there is a common approach by all licensing authorities,

inclusive of interpretation.

Proposal 6: Park homes are treated as buildings under the Building Act in the same way as other

transportable buildings. Agree.

Proposal 7: Rigid annexes are treated as structures under the Building Act.

Question 11: What are the likely impacts if the approval process of park homes and rigid annexes fall

under the Building Act?

No comment.

Question 12: Can you identify any particular cost impacts or benefits that may result from treating park

homes as buildings and rigid annexes as structures under the Building Act? Please provide details.

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No comment.

Proposal 8: Land zoning, local government planning schemes and other planning instruments

determine the type of accommodation allowed on a holiday park, with the mix of accommodation

types forming part of the approved management plan.

Proposal 9: Any building and associated structure, apart from any manager’s residence, which a long-

stay occupier occupies, must be transportable.

Question 13: Should (residential) buildings be allowed to be constructed or placed on holiday parks?

Why or why not?

There should be no issue with a mix of accommodation types at a holiday park; however, there should

be some delineation between types of services and the pricing structure for the services required.

Question 14: Do you support all forms of accommodation occupied by long-stay tenants being

transportable? Why?

Yes; this ensures the holiday park does not transition to low-cost, long-term residential housing.

Question 15: Is a requirement that a transportable building or vehicle be able to be removed in 24

hours reasonable? Why or why not?

Yes; this ensures the holiday park does not transition into low-cost, long-term residential housing. It

also provides more security for owners in the situation where they may need to move due to

changing park situations, e.g. the sale of park, or because of floods, fires, etc.

Question 16: What non-residential buildings should be allowed to be constructed – or required – on a

holiday park and for what purposes?

Communal facilities such as kitchens, ablution blocks, shop/cafe, laundry, maintenance shed, etc.

Question 17: Can you identify any particular cost impacts or benefits from requiring all buildings and

associated structures to be transportable (apart from any manager’s residence)? Please provide details.

No comment.

Proposal 10: The licensing categories are simplified to three categories: holiday park licence, transit

park licence and nature-based park licence. Agree.

Proposal 11: The licensing authority approves the ratio of long and short stay sites in a holiday park

when approving the management plan for the holiday park. Agree.

Question 18: Should there be separate licence category for nature-based parks? Please provide reasons.

Yes; there needs to be a licence category that provides a facility with limited amenities specifically

designed to meet the accommodation needs of self-contained RV travellers. A management plan for a

self-contained RV facility should be specific to the needs of these travellers and allow for stays longer

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than three consecutive nights, but less than three months, in line with the self-containment capacity

of the vehicles and the overall waste management capacity of the site.

Question 19: Under what circumstances should a nature-based park licence be issued?

To provide managed accommodation facilities for self-contained RV travellers in regional or remote

locations to meet the needs of this important and fast growing market. Other market segments,

including tenting, should be provided for; again, pricing needs to be aligned to the services required

by the consumer.

Question 20: Should there be a separate licence category for transit parks? Please provide reasons.

There needs to be a definition of what the difference is between holiday park and transit park before

consideration is given to this question. We believe a transit park is a lower level holiday park and

therefore there should be a management plan under that category.

Question 21: Under what circumstances should a transit park licence be issued?

Please refer to Question 20.

Question 22: In your opinion, is it reasonable that different parts of a holiday park which cater to

different market segments have different levels of facilities and different conditions attached to them?

Please explain.

It is reasonable, but not always workable. In some cases the better option is to have separate holiday

parks targeting specific segments of the holiday/camping market. In many cases these segments will

have needs extending beyond vehicle accommodation requirements, to encompass demographic and

psychographic preferences.

There will be an opportunity for holiday parks to extend their capacity by utilising areas of the park for

self-contained vehicles without the necessity to provide all the service facilities, such as ablutions,

which are not required by the consumer.

Proposal 12: The use of a management plan forms a model for licensing holiday parks.

Proposal 13: The new legislation provides minimum health and safety standards according to the

types of facilities proposed in the management plan.

Question 23: How can the current licensing regime be improved?

Aligning licensing to the soundness of the management plan and the business model, with associated

health and safety criteria will improve the current licensing regime.

Question 24: How can the planning approval and licensing approval process be streamlined? Please

provide details.

Ensuring the planning schemes take into account the various options available under the proposed

licence categories, and that any management plan proposed on the basis of those licence categories

would be able to meet planning approval.

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Question 25: How can the requirements of the planning approval be more aligned with the

requirements of the licence approval?

Please see above.

Question 26: What are the issues involved if the management plan model is used for the application for,

and the basis of, a licence?

There needs to be appropriate but not prescriptive criteria for evaluating the soundness of the

management plan, but these criteria should not stifle innovation or diversification in the provision of

holiday park facilities. It is important that holiday park facilities can be designed for specific markets,

specific locations or to meet the wants and needs of communities to which they deliver economic and

social benefit. To consider the current caravan park as the model for meeting the wants and needs of

camping and RV travellers over the next two to three decades is very limited thinking.

Question 27: Will the use of a management plan that is tailored to the market segment to be served by

the holiday park result in a better outcome for users of that park? Please explain.

A management plan targeted to the self-contained RV segment would be a low-cost, minimal facility

model, which will be highly attractive to these travellers in terms of both cost and being

accommodated with like-minded people. Similarly, a management plan tailored to the family market,

the fastest growing segment of the Australian camping market, would meet the needs of what is a

short-term and seasonally focused market segment.

Question 28: Can you identify any particular cost impacts or benefits with the minimum health and

safety standards being determined by the type of facilities in the proposed management plan? Please

provide details.

Currently caravan parks are required to provide health and safety standards based on site numbers,

however, this approach does not consider vehicle type, seasonality or actual site usage. By focusing

on minimum health and safety standards within the framework of a specific management plan,

holiday parks should not be required to provide health and safety facilities that significantly exceed

the needs and requirements of the consumer.

Question 29: Can you identify any particular cost impacts or benefits resulting from a licensing regime

based on a management plan model?

The overall cost of establishing and maintaining holiday parks could change significantly if parks are

licensed on the basis of the management plan, tailored to specific segments and specific traveller

wants and needs, and not on the basis of X number of toilets to X number of sites. WA should gain a

greater diversity of holiday parks and should become a leader in the provision of accommodation for

the RV tourism market.

Proposal 14: The licence period be extended to five years.

Proposal 15: Application is to be made for renewal of licence at least three months prior to the expiry

of the licence. The licensing authority has three months to process the application and if no decision

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is made within the timeframe, there is a presumption that the licence has been renewed unless there

is a breach of legislation or licence conditions within the current licence period.

Proposal 16: The licensing authority is to carry out an initial inspection within twelve months of:

(a) the licence first being issued; or

(b) any change in operator; or

(c) any significant redevelopment of the facility.

Proposal 17: The timing of further general inspections will be determined by the results of previous

inspections, with the frequency of no more than once a year and no less than once every three years.

Proposal 18: Additional inspections will be allowed in the following circumstances:

(a) where a complaint has been received or the licensing authority has reason to believe that the

conditions of the licence are not being met; or

(b) to determine that the breach of legislation or licence conditions has been rectified.

Proposal 19: The licensing authority charges the operator of a facility an inspection fee, with the

maximum fee prescribed in the new regulations.

Question 30: Is a five year licence reasonable? If not, how long should it be issued for? Why?

Yes.

Question 31: Should there be a presumption of the extension of a licence if the licensing authority does

not process the application within three months? Why or why not?

Yes; whilst there is onus on license holders to abide by certain rules, it is of absolute necessity for the

licence providers to ensure its practises are not to the detriment of the license holder.

Question 32: If the licence period is extended to 5 years, assuming fees are calculated based on the

types of sites, should licence fees be collected at the beginning of the licence period or annually? Please

justify.

This would most likely depend on the costs involved. It may be appropriate to give the licensee an

option of paying upfront or annually.

Question 33: Can you identify any particular cost impacts or benefits with allowing the licence period to

be extended to five years? Please provide details. Greater certainty of tenure.

Sensible business planning revolves around a three to five year outlook and a five year licence period

would provide acceptable business certainty to the licensee.

Question 34: Is the proposed inspection regime outlined above reasonable and practicable? Why or

why not?

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It is difficult to understand why the licensing authority would wait up to 12 months to inspect a facility

that has changed operator or undergone significant redevelopment. Surely it would be appropriate

for this inspection to be undertaken within three months.

Question 35: Do you have any alternative suggestions on how licence and inspection fees can be

charged? Please provide details.

No.

Question 36: Should there be a maximum length of time between inspections if the facilities have no

compliance issues?

If you do not regularly inspect facilities, then there will be reliance on complaints to identify

compliance issues. An unpredictable inspection regime will ensure a proactive approach to

compliance by the licensee.

Question 37: Can you identify any particular cost impacts or benefits with extending the time period

between inspections based on previous inspection results? Please provide details.

An inspection regime based on previous inspection results assumes there is no change in

management or management approach. Within a two to three year period the licensee may have

changed managers and compliance issues may have resulted. All holiday parks should be inspected at

least once every two years.

Proposal 20: A new management plan is not required for application to renew a licence.

Proposal 21: A new licence will be required on the basis of an approved revised management plan if

the facility is redeveloped or expanded or if there are significant changes to the proposed type of use.

Question 38: When should a new or revised management plan need to be lodged with the licensing

authority? Please explain.

When any changes or operations are made to the facility and are not in line with the existing

management plan, then a new or revised management plan should be lodged. As part of the

application to renew a licence, the existing management plan should be submitted as the plan for the

next five years or as a revised management plan outlining proposed changes.

Question 39: Can you identify any particular cost impacts or benefits with requiring a revised

management plan if:

(1) the facility is redeveloped or expanded; or

(2) there are significant changes to the proposed type of use? Please provide details.

If a holiday park is redeveloped, expanded or undergoes significant changes in the proposed type of

use, the initial management plan becomes redundant. If the management plan forms a model for

licensing holiday parks then any changes to the facility not in line with the original management plan

should require a new management plan and licence application. If the licensee has paid for the

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holiday park licence five years in advance, then only a small licence renewal fee should apply. If the

licensee is paying for the licence on an annual basis then a new 12 month fee would apply.

Question 40: Are there any other advantages and disadvantages in having an independent licensing

authority?

Those who seek a holiday park need to be provided with consistency in the decision process. With

local government having various degrees of resources, there may not be a uniform approach if left

with local government.

Question 41: Do you support the model of having an independent licensing authority separate to the

local government? Please provide your reasons.

As an independent licensing authority is unlikely to be responsible for more than 400 to 500 licensees

it is difficult to see how such a body would be practical. A better approach may be to provide local

government with the authority to issue licences but with oversight from a unit within state

government, with the opportunity for licensees to lodge complaints or objections directly with the

state government should there be any dispute with local government processes. Inspection reports

should be provided simultaneously to state and local government. The process of consultation with a

state government authority will ensure consistency of the decision process.

Question 42: If you are a caravan park or camping ground operator, will the benefits of this model

outweigh the costs?

No Comment.

Proposal 22: All caravan parks and camping grounds in WA are subject to the same health and safety

standards regardless of whether they are owned, operated or leased by a public sector body.

Proposal 23: The licensing and enforcement process for caravan parks and camping grounds operated

by State agencies remain with the State where there is compliance with the new legislation.

Question 43: What are the consequences if caravan parks and camping grounds operated by a public

sector body are bound by the new legislation? Please provide specific examples.

The simple question here is ‘why is there not uniformity in approach, particularly in relation to health

and safety?’

Question 44: If the legislation binds a public sector body, how should the facilities be licensed and

enforced?

The facilities can still be licensed by local government based on a management plan, with any such

licensing being subject to scrutiny by a unit within state government, to ensure the licensing process

has been properly implemented. Inspectors will be required to report only to state government with

any issues arising to be taken up with either the public sector body or the lessee.

Question 45: Should there be a difference in regulation between facilities operated by a public sector

body and those leased by that agency to private operators? Please explain.

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No; the consumer is not concerned about who owns and/or operates the facility, but is concerned

about the quality of the product and services delivered. The aim of the legislation must be to ensure

consistent quality of the products and services delivered. One of the main issues in the workshops

was the inconsistencies by the various authorities.

Question 46: Do you have any other comments on proposals 22 and 23?

It is important that there is transparency and fairness in dealing with all holiday park operators, public

or private sector, and that the legislation ensures acceptable standards are maintained across all

holiday parks.

Question 47: Can you identify any particular cost impacts or benefits of applying the same health and

safety standards to all caravan parks and camping grounds in WA, regardless of whether they are

operated by a public sector body or not? Please provide details.

Consumers expect minimum health and safety standards to apply across all caravan parks and

camping grounds throughout WA, regardless of ownership. They also expect legislation and the

authorities responsible for that legislation will ensure these standards are in place and adhered to.

Proposal 24: The enforcement provisions in the current CPCG Act are retained in the new legislation.

Question 48: Are the enforcement options in the CPCG Act sufficient to ensure compliance with the

Act? Please provide reasons.

It is exercising the enforcement options that will ensure compliance with the Act, not the options

themselves. Without an effective inspection regime to identify compliance issues, enforcement

options are irrelevant.

Question 49: What are the difficulties and issues involved with the current enforcement provisions

under the CPCG Act?

No comment.

Question 50: What are your suggestions for improving the enforcement provisions of the CPCG Act?

Reasonably regular inspections and timeliness of any follow-up inspections; a website for consumers

to lodge complaints or concerns regarding holiday park operations and details of this to be displayed

on the premises adjacent the licence. The time frame for remedial action needs to be specific.

Question 51: Is the Minister’s direction sufficient to enforce the requirements of the CPCG Act on a

local government? If not, please provide alternative suggestions.

Providing the Minister is required to act on recommendations from the government unit overseeing

compliance by local government and there is transparency in the process.

Question 52: Can you identify any particular cost impacts or benefits in retaining the current

enforcement provisions in the new legislation? Please provide details.

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The cost of enforcement is the cost of maintaining the standards and integrity of holiday parks across

WA. All operators should understand this and should support an effective enforcement approach.

Question 53: Please provide your comments and suggestions on the quantum of penalties (allowable

amount) for the offences under the CPCG Act. Please justify your reasons.

The average caravan park in Australia has revenue of $800,000 and net profit of approximately

$56,000. The penalties outlined are unlikely to be a major deterrent to any operator deliberately

breaching compliance, particularly if that operator can operate in breach for up to three years. A

breach in compliance is most likely to occur with an operator struggling to maintain revenue by

cutting corners or an operator seeking to maximise revenue through deliberate overcrowding, or

other such practices. Once again, it is not the penalties that are the deterrent; it is effective inspection

and enforcement of the Act.

Proposal 25: A regulation-making power will be included in the new legislation.

Question 54: What do you think the minimum health and safety standards of holiday parks should be?

Minimum health and safety standards should be determined on a case-by-case basis within the

framework of the proposed management plan. These standards should be set in terms of accepted

community Occupational Health and Safety (OHS) standards and should particularly consider the

target market, proposed site usage, vehicle type, black and grey water containment, refuse

containment, length of stay and occupancy, projected and actual. It should be kept in mind that the

average occupancy of caravan parks in Australia is 53% and seasonality issues are also significant OHS

factors. Holiday parks offering cabins, powered sites, tent sites and targeting the family market will

operate to significantly higher OHS standards than a holiday park targeted to fully self-contained RVs.

Table 1: Review of duties of licence holders:

Duties of licence holders Remain in new legislation?

Duty 1: The licence holder must ensure that a manager or other responsible persons resides in or near the facility and is accessible at all times in case of an emergency. At a caravan park, the manager or other responsible persons must be available at the office during normal office hours.

☒ Yes ☐ No

Duty 2: A register of occupiers is maintained. ☒ Yes ☐ No

Duty 3: Copies of relevant certificates in relation to park home approvals are kept at the facility with the register of occupiers.

☒ Yes ☐ No

Duty 4: Copies of the Act and any subsidiary legislation made under this Act, facility rules and any special conditions imposed on the licence are readily available for inspection by the occupiers of the facility.

☒ Yes ☐ No

Duty 5: Display the following in a prominent position at a camping ground or at the office of a caravan park:

The licence issued and any special conditions imposed on the licence A plan of the facility

A copy of the facility rules made by the licence holder

The name, address and telephone number of a person to be contacted in an emergency.

☒ Yes ☐ No

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Question 55: If you have indicated that one or more of the duties listed above should not be retained,

please justify.

Not applicable.

Question 56: Do you think there should be any additional duties? Please explain.

No Comment.

Question 57: Should a holiday park operator be required to maintain a register of occupiers? Why or

why not?

A register is important to establish who is using holiday park facilities and when. This information

could be important in the event of an emergency.

Question 58: Do you think any changes need to be made to the prescribed manner of the register of

occupiers? Please provide details.

No Comment.

Question 59: What details in respect of each licence should be added or removed in the new legislation

and why?

The number and type of sites authorised to be used by the facility is not relevant to a self-contained

vehicle camping ground, which will accommodate a wide range of vehicle types and vehicle sizes. This

type of camping ground may not have specific vehicle sites in the way that a caravan park does. A

more appropriate prescribed detail would be the total number of vehicles allowed on the site.

Proposal 26: A Caravan Parks and Camping Grounds Advisory Committee be replaced by pro-active

consultation with relevant stakeholders.

Question 60: Do you support the proposed approach to consultation? Please provide reasons.

Yes, providing there is a list of identified stakeholders who are to be included in all consultation

activities. Any group or organisation should be able to apply to be added to this list with the list aimed

at ensuring all consultation is undertaken with as wide of a range of stakeholders as possible. This

should ensure the state government receives advice that is relevant, broadly based and timely, and

not biased by individual agendas or the views of a favoured and inflexible group.

Question 61a: What alternative means exist of providing advice and making recommendations? What

are the advantages and disadvantages of each of these?

The best approach to consultation is to ensure a comprehensive and wide range of stakeholder

groups are identified and included in the process. However, all groups should be allowed to comment

on final advice or recommendations to ensure dissenting opinions are noted.

Question 61b: Is a local law making power necessary? If so, what matters should be dealt with in local

laws? Please explain

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No; effective and comprehensive management plans supported by reasonable inspection regimes

should obviate the need for local laws.

Proposal 27: Any exemptions under the new legislation will only be able to be granted by the Minister

responsible for the legislation.

Question 62: Under what circumstances should an exemption from the legislation be considered?

Camping grounds and rest areas in locations where it is not economically or commercially feasible to

provide services, collect fees, or provide any kind of direct or ongoing management should be exempt

from the legislation. All of these areas could be undertaken by council through applicable local laws.

Question 63: Can you identify any particular cost impacts or benefits by only allowing the Minister

responsible for the legislation to grant exemptions? Please provide details.

WA is a massive land area with an extensive road network where it is difficult if not impossible to

manage all aspects of RV tourism. It is important to provide ‘bush camps’ in areas where other forms

of accommodation are limited, at locations suitable for such activity and acceptable to local

government. Knowledge and use of these locations provide a safer environment for RV travellers; the

opportunity to rest and stay in an unspoiled bush location and dispersal of this tourism market to as

many small regional and outback towns as possible. Therefore, exemption of some non-commercial

camping grounds and rest areas is important to maximise the benefits of the RV tourism market.

Proposal 28: No significant burden is imposed on existing facilities through the introduction of the

new legislation.

Proposal 29: The new legislation will apply to all facilities but Ministerial exemption can be obtained

for existing facilities.

Question 64: When should existing caravan parks and camping grounds be required to provide a

management plan under the new legislation? Why?

Yes; all holiday parks should operate under the same conditions and therefore all holiday parks should

operate under an accepted and licensed management plan. Existing caravan parks and camping

grounds should be required to provide a management plan within an agreed length of time (six

months) from the new Act coming into force. This will ensure there are no discrepancies or perceived

unfair advantages of existing facilities over new entrants to the market.

We believe there will be benefits to the operators in transitioning to a management plan and until

such time they would need to be governed under the existing legislation. That would be a motivating

factor in itself to present a management plan.

Question 65: What impact will there be if existing caravan parks and camping grounds are required to

prepare a management plan at the time of licence renewal?

If given sufficient time (six months) to prepare a management plan there should be little impact on

operations and only minimal upon the budget.

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A new management plan will allow holiday parks to implement such changes that the current market

requires, e.g. self-contained areas. Limiting provision of facilities during off-season or low activity

periods, which are claimed by industry to be unreasonable, imposts on the operator if maintained 365

days of the year.

Question 66: Is it reasonable for all existing licensed facilities to be exempted from any additional

requirements in the new legislation? Why or why not? Which requirements?

The aim of licensing holiday park operators and enacting legislation to oversee this will ensure a

consistently acceptable standard of product is available to the consumer. Exempting existing facilities

from additional requirements in the new legislation could undermine the aims of the legislation and

create a two-tiered set of standards.

Question 67: Can you identify any particular cost impacts or benefits on requiring an existing facility to

provide a management plan under the new legislation? Please provide details.

There may be minor costs in terms of time and up-skilling for existing operators, but the process

should improve their understanding of their business and the overall standards being delivered to the

consumer. It will also ensure a level playing field for all holiday park operators in WA.

Proposal 30: That all caravans and campervans in holiday parks are licensed at all times. Agree.

Question 68: Do you agree that all caravans and campervans in holiday parks must be licensed at all

times so they can be driven on the road when required? Why or why not?

Yes; they otherwise do not meet the definition of a caravan.

Question 69: What are the impacts, including financial costs, if caravans and campervans in holiday

parks are required to be licensed at all times?

It will eliminate a lot of vehicles that have morphed into permanent structures, as well as remove old

buses and other low quality ‘onsite’ accommodation found at some facilities. It will also eliminate

permanent residency in substandard accommodation facilities.

Proposal 31: The new legislation prescribes minimum health and safety standards for overflow areas

regardless of whether they are part of a holiday park or not.

Proposal 32: The determination of whether there is a tourist demand for the establishment of an

overflow area and how this should operate is determined at a policy level. Unsure.

Question 70: What are some of the issues with the planning, provision and management of overflow

areas? Should these be dealt with in legislation or through policy? Why?

‘Overflow’ is simply another name for excess seasonal demand. Most caravan park operators want to

maximise the value of seasonal demand, but often breach compliance in doing so because seasonal

demand usually lasts for any period from two to three weeks and four to six months, and brings

broader benefits to the local community. Local government tends to be ‘flexible’ in addressing

compliance issues. This is not always the best outcome for the consumer. Seasonal demand from RV

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travellers is a significant issue in the north of WA during the tropical dry season and attempts to

address this issue have often been supplier focused rather than customer focused. The issue of

seasonal demand must be dealt with in the legislation as it is a consistent aspect of the caravan and

camping ground market and is currently poorly managed. Presently, consumers forced into overflow

areas are subjected to similar fees for lesser services.

Question 71: What do you think the new definition of ‘overflow areas’ should be?

Seasonal holiday parks; a management plan for a seasonal holiday park may involve operation for as

little as six weeks or as long as six months, but would recognise that the facility would not operate on

a year round basis. Licensing and license costs would recognise seasonality and a five-year licence

would allow the facility to operate within the terms of the management plan on an annual basis.

Existing licensees would be able to submit a management plan for a seasonal holiday park on their

own land, or on other land either adjacent or nearby to their existing facility to cater for seasonal

demand. Community groups or recreational organisations with appropriate facilities should also be

able to develop management plans and apply for licences for a seasonal holiday park. Local

government could establish a seasonal holiday park and engage local community groups to manage

the facility.

Question 72: What should the minimum health and safety standards be for overflow facilities?

Minimum health and safety standards for a seasonal holiday park will be determined in the

management plan, based on the size of the facility, the target market, the type of vehicles, site usage

and all other items to be considered in any other licence application.

Question 73: Should the new legislation prescribe health and safety standards for all overflow areas

regardless of whether they are in a community building (such as schools hall or sports hall) or part of a

holiday park?

No; it should follow the process of determining health and safety standards through the management

plan.

Question 74: Can you identify any particular cost impacts or benefits by prescribing minimum standards

for overflow facilities in the new legislation? Please provide details.

The standards for a seasonal holiday park will be set in the management plan. In some cases the

management plan may essentially be to cater for overflow from an existing facility, while in other

cases it may be to establish a completely new holiday park that operates to meet seasonal demand.

The seasonal holiday park then closes down for the off-season, as is not uncommon in other parts of

the world.

Proposal 33: Road side rest areas are dealt with under existing road and parking legislation rather

than the new holiday park legislation.

Proposal 34: Parking/stopping is still allowed at road side rest areas for fatigue management for up to

24 hours.

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Question 75: If the regulation of parking at road side rest areas and road reserve comes solely under

parking related legislation, what are the impacts on users, enforcement agencies and Main Roads WA?

Roadside rest areas are not holiday parks and should not be considered under the legislation. Access

and use of roadside rest areas should be consistent across Australia and allowing access for up to 24

hours for fatigue management and emergency stopping is a reasonable approach. Camping in rest

areas occurs when other options are not available and state government should urge councils to look

at bush camping options to free up rest areas for heavy vehicles and other users.

As most users of rest areas are not self-contained vehicles, it is important that these areas include

toilet and refuse facilities.

Question 76: Should there be a requirement for users of road side rest areas and road reserves to stay

in a vehicle if they are parking there overnight for up to 24 hours? Please explain. How are motorcyclists

and cyclists to be catered for?

The provision of a rest area is for the purpose of fatigue management and not for the purpose of

camping. The use of excessive facilities in rest areas should be discouraged, e.g. caravan awnings

should not be required for someone who is resting.

Question 77: What are the health and safety risks involved with using road side rest areas and road

reserves and how can they be resolved?

Any lack of toilets and refuse facilities often creates health hazards and people who are sleeping on

the ground in an area of vehicle movement are also a significant risk factor.

Question 78: Can you identify any particular cost impacts or benefits by dealing with road side rest

areas outside the new legislation?

Providing rest areas that meet acceptable OHS standards will be difficult and costly in a state with as

vast of a road network as that in WA. On major highways in other parts of Australia, rest areas offer

high levels of facilities, including toilets, showers, barbecues and picnic tables, including designated

parking areas for heavy vehicles, RVs and light passenger vehicles. It is difficult to see this level of

facility being provided in most areas of WA. The rest area network provides important support to the

tourism industry in the form of overnight accommodation for visitors who misjudge distances, suffer

mechanical issues, or simply require access to these areas for low-cost accommodation on their way

between key destinations.

For further information please contact:

Bevin Martin

Western Australia State Representative

P: 0409 098 853

E: bjmartin@gateway.net.au