Western Australian Consolidated Regulations Western Australian Consolidated Regulations[Reg. 73.]
In this
Schedule —
commencement means 1 July 1997;
equivalent provision of the former legislation
means any provision of the former legislation which dealt with substantially
the same matter, although it may have imposed a different standard, as the
relevant provision of these regulations;
equivalent provision of these regulations means
any provision of these regulations which deals with substantially the same
matter, although it may impose a different standard, as the relevant provision
of the former legislation;
existing facility has the meaning given by
section 34(5) of the Act;
former legislation means —
(a)
local laws which, immediately before the commencement of the Local Government
Act 1995 , were by‑laws made under section 200 of the Local
Government Act 1960 and which are in conflict, or inconsistent, with
these regulations; and
(b) the
Health (Caravan Parks and Camping Grounds) Regulations 1974 ,
as in force on 30 June 1997.
2. Reference to “provision of the former
legislation”
A reference in this
Schedule to a provision of the former legislation refers only to a provision
with respect to caravans and camps at caravan parks and camping grounds and
does not include a reference to a provision with respect to —
(a) the
registration or licensing of facilities; or
(b) the
use of caravans or camps on land which is not a caravan park or camping
ground.
3. One year to comply with new provisions
(1) A provision of
these regulations for which there is no equivalent provision of the former
legislation does not apply in respect of —
(a) an
existing facility;
(b) a
caravan at an existing facility at the commencement for as long as it remains
at that facility; or
(c) a
rigid annexe which is attached to a caravan at an existing facility at the
commencement for as long as it remains at that facility,
until
1 July 1998, subject to any extension of time granted under
clause 4.
(2) Where a caravan,
annexe or facility was not in compliance with a provision of the former
legislation, the equivalent provision of these regulations does not apply with
respect to that caravan, annexe or facility until 1 July 1998,
subject to any extension of time granted under clause 4.
(3) Where a caravan,
annexe or facility was in compliance with a provision of the former
legislation on 30 June 1997 but ceases to so comply, the equivalent
provision of these regulations applies immediately.
4. Extension of time within which to comply
(1) The local
government of the district in which the facility or caravan is situated, may
issue a certificate extending the time with respect to which a provision of
these regulations referred to in clause 3 does not apply, for such period
of time as is specified in the certificate.
(2) A certificate may
not be issued in respect of a provision of Division 10 of
Schedule 7.
(3) A local government
may issue more than one certificate with respect to the same matter but all
exemptions end on 1 July 2001 and any certificate purporting to
extend the time with respect to which a provision does not apply after
1 July 2001 is of no effect.
(4) Where the local
government for a district refuses to issue a certificate under this clause, it
is to advise the applicant in writing of that refusal.
5. New provisions do not apply where equivalent
provision of former legislation is complied with
A provision of these
regulations does not apply in respect of —
(a) an
existing facility;
(b) a
caravan at an existing facility at the commencement for as long as it remains
at that facility; or
(c) a
rigid annexe which is attached to a caravan at an existing facility at the
commencement for as long as it remains at that facility,
if the facility,
annexe or caravan was in compliance with an equivalent provision of the former
legislation which applied to it at 30 June 1997 and continues to so
comply.
6. Where compliance at commencement, provision
continues to apply
Despite anything else
in this Schedule, where a provision of these regulations is being complied
with at the commencement in respect of a caravan, annexe or facility that
provision continues to apply in respect of that caravan, annexe or facility.
7. Registration or licence under local law
For the purposes of
these regulations, from the commencement until the appointed day referred to
in section 6 of the Act —
(a) a
certificate of registration or a licence issued under the former legislation
in relation to a facility is to be taken to be a licence for that facility of
such type specified in Schedule 2 as is appropriate for that facility,
taking into account —
(i)
the type of registration or licence;
(ii)
any conditions imposed on the registration or licence;
and
(iii)
the position of the facility and the type of caravans and
camps which use it;
and
(b) the
owner of a facility referred to in paragraph (a) is to be taken to be the
licence holder in respect of that facility.
8. Transitional provisions relating to Part 4
(1) Despite anything
else in this Schedule but subject to this clause, Part 4 of these regulations
applies from the commencement.
(2) Regulations 28, 33
and 37 do not apply until 1 January 1998 in respect of work under
construction at the commencement.
(3) Regulations 39 and
40 do not apply in respect of work under construction at the commencement.
[Schedule 9 amended in Gazette
25 Aug 2000 p. 4921.]