Caravan Park and Camping Grounds
Camping and caravanning are activities enjoyed by many locals and tourists in Western Australia and is becoming increasingly popular in the Shire of Chittering.
It is important to note that all camping and caravan use is regulated by the Caravan Parks and Camping Grounds Act 1995, meaning that there is specific legislation which should be adhered to when participating in these activities. This legislation specifies the requirements for establishing caravan parks and the minimum facilities that must be maintained.
NOTE: Caravan Parks are required to be licensed by the local government and should be inspected on an annual basis to determine compliance. The legislation also details the provisions for camping on residential premises and stipulates the maximum time this can occur; complaints may require investigating concerning illegal camping.
I would like to open a caravan park or a campground - what approvals do I need?
Planning approval
The land needs to be zoned appropriately under the Shire of Chittering Local Planning Scheme. The Act operates in addition to planning legislation. Just because the Shire is willing to issue a licence may not mean that the property is exempt from planning legislation or the planning scheme.
Health approval
Under the current WA laws, a caravan park or camping ground is not to be operated without an appropriate licence from the Shire.
Before granting a licence, the Shire’s Environmental Health Officer is required to inspect your park to ensure it is fully compliant with the Caravan Parks and Camping Grounds Act 1995 and the Caravan Parks and Camping Grounds Regulations 1997. The Shire will not be able to issue a licence if the park is going to be operating in a noncompliant manner.
Building approval
Buildings are currently allowed on a facility if they fit under the following categories:
- manager’s house
- office
- restaurant
- shop
- recreational facilities
- class 10a building (non-habitable, such as ablution blocks and carports)
- any other building approved by the local government.
Class 10a buildings are the only buildings allowed on a site within a caravan park and camping ground and only after approval is given from you, as licence holder of the facility, and your local government.
These buildings need to be built in accordance with the Building Code of Australia and require a permit under the Building Act 2011.
The local government also has discretion to grant approval for other buildings on the facility, after consideration, if that is consistent with the local planning schemes.
Tiny Homes
The caravan and camping market has seen a growth in dwellings commonly referred to in the industry as 'tiny homes'. Tiny homes are built in a variety of ways which can often lead to confusion regarding what legislation applies to them as the term is not defined within WA legislation.
If a tiny home fits the statutory definition of a caravan (i.e. a vehicle fitted for habitation and capable of being towed) or a 'camp' (i.e. a portable tent, shed or hut) then it will fall under the powers of the Caravan Parks and Camping Grounds Act 1995.
Should a tiny home not fit the statutory definition of a caravan or a camp the Caravan Parks and Camping Grounds Act 1995 cannot apply. Depending on the nature of the structure it may still be subject to building approvals or other building requirements.
Micro Camping
Western Australian landowners have been partaking in what is commonly referred to in the industry as 'micro camping'. Micro camping involves a landowner allowing people to camp on, or stay in either a caravan or other form of dwelling for a fee.
If a person is allowing people to use caravans or allowing camping on their property in exchange for money, then it could be interpreted that they are carrying out the business of a caravan park or camping business under the Caravan Parks and Camping Grounds Act 1995 - which requires a licence.
If a person is conducting a commercial caravan park or camping business, they are not exempt from needing a license if they only have one or a small number of sites. Allowing a camper to stay on a property does not exempt a property owner from needing a license if they are operating a caravan park of camping business, if the Act requires it.
If the dwellings do not fit the definition of a caravan or camp, then it does not fall under the Caravan Parks and Camping Grounds Act 1995 but may still be subject to the need for building approvals or other processes relating to planning or zoning.