Purpose of Rules

Barwon Coast Committee of Management Inc. (Barwon Coast) is appointed pursuant to the Crown Land (Reserves) Act 1978 (Authorising Act) to manage certain Crown land, including caravan parks and camping grounds (Parks) situated on that Crown land.  It is incorporated by an Order in Council.

Barwon Coast has power to make these Rules to govern the use and occupation of those parks which it manages and to provide respectively for their safe and enjoyable use. Occupancy of the Parks is conditional upon the Permit Holder and any other occupant complying with these Rules.  Each obligation set out in these Rules is imposed on a Permit Holder, and the Permit Holder must not only observe each obligation but ensure that any occupant and Visitor they allow into a Park does not breach any Rule or cause any breach of a Rule to occur.

1.0 INTERPRETATION

“Act” means the Residential Tenancies Act 1997 and includes any statutory modification or re-enactment thereof or substitution therefor for the time being in force;

“Adult” means, for the purposes of these Rules, a person 18 years of age or over;

“Amenity” or “Amenities” mean the land and buildings within the Parks intended for laundry, bathroom, toilet and washing use;

“Annexe” means a moveable dwelling (within the meaning of the Act) that is attached to a registered or registrable caravan and extends the habitable area of that caravan;

“Barwon Coast” means Barwon Coast Committee of Management Inc., and, where the context so admits, includes the Manager and any Officer performing a duty or function in any Park managed by Barwon Coast;

“Boom Gate Pass” means a pass (key, code or card) issued by management entitling a motor vehicle to have access to the Park during the term for which the pass is issued;

“Business day” means every day except Saturday, Sunday or a public holiday in the area where the Park is situated;

“Caravan” means a registered or registrable moveable dwelling within the meaning of the Act;

“Casual permit” means a permit other than a Twelve-Month Permit or a Seasonal Permit for a period not more than 59 consecutive days;

“Child” means any person between the ages of four and 17 years, both inclusive;

“Common area” means a facility or open area within a Park;

“Facilities” means the land or buildings in the Park intended for use as storage space, car parking, laundry, cooking, garbage storage, disposal facilities, bathroom, toilet and washing facilities, appliances for heating or cooling or communications facilities;

“Fees” means the amount payable for the use of a site;

“Ground cover” means a breathable material used to cover, by direct contact, a small portion of the ground of a site external to a caravan, annexe or tent but does not include carpet;

“Guests” means all occupants and temporary occupants of the Park;

“Infant” means any person up to and including three years of age;

“Manager” means the Manager of the Park and their delegated representative or delegated representatives;

“Management” means an Officer or Officers exercising their delegated or other authority to perform a function or exercise a power in respect of the management of a Park;

“Motor vehicle” means a motor vehicle as defined in section 3(1) of the Road Safety Act 1986;

“Occupant” means a person named as such on a casual booking or Permit;

“Officer” means an employee of Barwon Coast and includes the Manager;

“Open area” means any space in the Park intended for use as a recreational area or lawn, or for common use by Guests and their Visitors other than a Facility;

“Park” means the caravan park or campground for which a booking is granted;

“Period” means the term from the arrival date to the departure date of a booking;

“Permit” means the document permitting the occupants named in it to occupy a site for the Period and on the terms specified in the Permit, including the use, in common with others, of common areas. A permit is neither transferable nor useable by anyone other than an occupant named in it;

“Permit Holder” means the occupant to whom a Permit is issued by Barwon Coast in respect of a site;

Regulations” means the regulations made under the Act for the time being in force;

“Rules” mean these Rules as amended from time to time;

“Schedule” means the Schedule to a Permit;

“Seasonal permit” means a permit for a term of not less than two months nor more than six months as Barwon Coast from time to time determines (and may determine on the basis of seasons of the year), which permits the Permit Holder to install a caravan and annex for the period of that Seasonal Permit, and which the Permit Holder may use for not more than 50 consecutive days nor more than 80 days in total during the Period;

“Service charge” means a charge in respect of a service supplied to a site and separately metered;

“Site” means a site in the Park the boundaries of which, in the event of any dispute, may be fixed by Barwon Coast in its sole and absolute discretion;

“Special event” means an event occurring in the Park which the Manager deems to be special, and about which they give notice to Permit Holders accordingly;

“Temporary Occupant” means a visitor who is permitted to remain in the Park under the provisions of Rule 31 for so long as they are permitted to so remain;

“Trailer” means a trailer within the meaning of the Road Safety Act 1986;

“User” means a person using Facilities or equipment supplied by Barwon Coast;

“Vehicle” includes but is not limited to motor vehicles, trailers, boats and watercraft of all descriptions, and Barwon Coast reserves the right at its sole discretion and either generally or specifically to determine what constitutes a vehicle for the purposes of these Rules and any Permit; and

“Visitor” includes a person who has entered the Park for the purpose of visiting an occupant or who is on or in the near vicinity of a site and apparently visiting that site or one or more of the occupants of that site.

THE RULES AND CONDITIONS

1. RULES

Barwon Coast reserves the right to revoke, cancel or vary these Rules at any time. Updated Rules will be available at the Park office and sent to all occupants annually.

 SITE SETUP AND CONSTRUCTION

2. ANNEXES AND SIMILAR STRUCTURES

One annexe or similar structure is permitted per site but must comply with the following management requirements:

4. CLOTHESLINES

A small sized clothesline, no longer than 2.4m, may, subject to the Manager’s approval, be erected on a site, within its boundaries, not attached to or impacting trees or other vegetation and not causing any access or safety hazard or unreasonable impact on the aesthetics of the Park. Clotheslines must be erected appropriately and securely when in use and be packed away when the site is unoccupied.

5. FENCES

No fencing is permitted within the Park. A small ‘infant play pen’ (approx. 2m wide x 2m long x 0.5m high) may be erected on a site when infants are present but must be removed when the site is unoccupied overnight. Infants must never be left unattended.

5. GAS AND LPG

LPG equipment must be installed and maintained in accordance with any applicable legal requirements. The gas supply must be shut off at the bottle when the site is unoccupied. All gas bottles must be in a safe condition and within the 10-year test period. LPG cylinders must be securely chained upright and connecting hoses must be in good order with minimal corrosion.

6. GAZEBOS AND SHADE STRUCTURES

A single gazebo or similar open sided shade structure may be erected on each site. Gazebos and shade structures must be fully dismantled and stored inside the caravan, annexe, tent or trailer when the site is unoccupied. Gazebos may only be erected on the site, provided that sufficient space is reserved for car parking.

7. GENERATORS

Generators can pose a potential fire hazard if not used properly and the operational noise can disturb the quiet enjoyment of surrounding sites. For this reason, the use of generators within the park is not permitted.

8. GROUND COVERS

Only ground covers (as defined in Rule 1) are permitted. In the case of any doubt as to compliance, the matter must be referred to an Officer whose decision on whether something constitutes a ground cover will be final.

9. LIGHTING

One appropriately sized and located light external to the caravan, annexe, tent or the like is permitted on each site. All other external lighting is prohibited. Any lighting that unreasonably affects other guests and, in particular, neighbouring sites, is prohibited. External lighting and power points must be weather resistant rated. Guests are encouraged to use energy efficient globes and appliances. Lights must not be hung from trees.

10. PRIVATE WASHING MACHINES

The use of a washing machine located on the Site is prohibited.

11. SOIL DISTURBANCE

Occupants must not dig holes or trenches or disturb the soil to a depth in excess of 100 mm, other than by driving in tent pegs, without the Manager’s prior written approval. The discovery of any Aboriginal Heritage items must be reported immediately to the Manager and the items left undisturbed.

 12. TEMPORARY STRUCTURES

No structure may be erected or placed on a site without the Manager’s written approval, which may be refused or granted either with or without conditions. All approved structures on a site are temporary, and the Manager may direct their removal, alteration, repair or replacement at any time.  A Permit Holder must comply with any such direction.

13. VEGETATION

Guests must not damage, prune, lop or trim any existing trees, plants and vegetation in any way nor introduce any seed, grass, tree, shrub, fern or other new potted plant in the Park.

FACILITIES AND AMENITIES

14. AMENITY BLOCK KEYS

A cash deposit may be charged for each Amenity Block Key. Only the Occupant named on the booking will be issued with an Amenity Block Key. Amenity Block Keys must be returned to the Park office for the deposit to be refunded.

 15. AMENITIES

All Park Occupants and Visitors must ensure that:

Amenities are closed during cleaning. This will be communicated by signage at the entrance

16. PLAYGROUNDS

Playgrounds are provided for infants and younger children and may be used during daylight hours only. Use of playgrounds is at the User’s risk. No ball games are permitted within these areas. Smoking is not permitted within 10 metres of playgrounds.

 SAFETY AND APPEARANCE

 17. BARBEQUES AND FIRES

Fires and solid fuel barbeques, including heat bead and ‘kettle’ type units, are not permitted in the Park at any time. Portable gas BBQs and cook tops are permitted. Users must observe all relevant safety clearances and use requirements at all times.

18. CARAVANS

Every caravan in the Park must at all times be:

19. ELECTRICITY AND ELECTRICAL APPLIANCES

All electrical appliances must be contained and stored within the caravan or annexe when not in use. Any extension or supply lead must be arranged so as not to obstruct or endanger persons walking in the vicinity of the Site. Every lead must be located where it will not be subject to mechanical damage or provided with suitable protection against it and from damage by high winds.  Further:

20. EMERGENCIES

Permit Holders must familiarise themselves with the Park Emergency Management Procedures and Evacuation Plans. These can be viewed in the Park office or at amenity blocks. The emergency phone number for all Barwon Coast Parks is 03 8508 9743

21. FIREARMS AND OTHER DANGEROUS ITEMS

Guns, rifles, longbows, crossbows, spear guns or other weaponry, poisons, traps and snares are not permitted within the Park. Spear guns, knives and the like used for fishing are permitted but must be securely and safely stored when not in use.

22. FIRE BANS

All guests must comply with all conditions of any fire ban or restriction declared for the area in which the Park is situated.

23. FIREWORKS

Fireworks are not permitted in the Park (or on the beach or in any other adjacent areas).

24. PARK SECURITY

Security officers and Park staff patrol the Park. For any assistance, guests should telephone the Park’s Emergency After Hours Phone Number or by phoning the Park Reception.

25. PROPERTY STORAGE

Guests should ensure that their property and valuables are stored securely at all times. No excess property is to be stored under a van or annexe. Excess property may be stored in approved and properly constructed storage boxes.

26. SITE MAINTENANCE

The site Occupants and Visitors must keep the site and all structures on it in a clean, tidy and safe condition at all times.

COURTESY AND BEHAVIOUR

 27. ALCOHOL

Alcohol may be consumed on a site but not on common areas unless approved by the Manager, who may make limited exceptions to this Rule for special events.

 28. BEHAVIOUR

Site Occupants and their Visitors must be courteous & respectful towards each other and other persons present in the Park. Excessive noise, unruly behaviour, bad language, unreasonable disturbance or any other anti-social conduct by any occupants of a site, which disturbs the peaceful and quiet enjoyment of other persons present in the Park will be considered a breach of these Rules.  Park quiet time is 11 pm to 7 am. The Manager may make limited exceptions to this Rule for special events.

29. SITE OCCUPANCY

Sufficient berths must be provided in the caravan & annex for all occupants of the site and at least one such occupant must be over the age of 18 years. The total number of occupants must not exceed the maximum number of berths within the caravan and annexe. All vehicles, caravans (including drawbars and drawbar covers), annexes, and any other property of the site occupants must be contained within the site boundaries as defined and delineated by the Manager, and which may at the Manager’s discretion be altered at any time by the giving of notice.

30. SITE OCCUPANCY – COURTESY AND RESPONSIBILITY

Access through occupied sites is restricted to the occupants of that site.

31. VISITORS

Visitors are permitted in the Park only between the hours of 8am and 11pm on any day. A Visitor wishing to remain on any site outside those hours must before doing so register as a Temporary Occupant of that site with the Manager and pay the appropriate fee for doing so in advance.

Registration as a Temporary Occupant will not be granted if the temporary occupancy will cause the total occupancy of the site to exceed the number of occupants specified in Rule 29 or if an occupant of the site will not be present during the whole of such temporary occupancy.

GENERAL

 32. ANIMALS

Animals, including dogs, cats and domestic birds, are not permitted in the Park unless exempted in writing by an Officer. Guide dogs or registered Assistance Animals will automatically be exempt. Further:

33. GARBAGE

Domestic garbage must be disposed of in a bin. Domestic garbage and recycling bins are located throughout the Park. Bins must not be removed from their locations. Permit Holders are responsible for the removal from the Park of their non-domestic garbage and all hard rubbish that cannot be disposed of in a garbage bin.

 34. MAIL AND MESSAGES

Mail and messages may be held at the Park office for collection by guests.

 35. NON-COMPLIANCE WITH RULES

A breach of any Rule is a breach of the conditions of the booking and may result in the cancellation of the booking.

 36. PROOF OF AGE & IDENTIFICATION

The Manager reserves the right to require proof of the age of any occupant or prospective occupant and to specify what is an acceptable proof of age. The Manager’s decision as to the age of a person is final and binding. No booking will be made other than to a person who is at least 18 years of age. Personal identification must be provided by all applicants.

 37. SECURITY BOND

The site Occupant may, before entering the Park, may be required to pay a security bond for which a receipt will be given. A security bond is refundable at the conclusion of the Period subject to any claim by Barwon Coast for:

38. SUB-LETTING

Sub-letting of any site, caravan, annexe or tent is prohibited.

39. WATER USAGE

Use of water by guests must be kept to a minimum at all times. When water restrictions apply they must be observed by all guests. At this time, notices will be displayed within the amenity blocks and the Park office. Only hand-held hoses and watering cans are permitted. Water sprinklers and their use are prohibited. Pools of any description are prohibited.

VEHICLES AND ACCESS

40. BICYCLES / ROLLER BLADES / SKATEBOARDS / SCOOTERS

Bicycles, roller blades, skateboards, scooters and similar equipment may be used during daylight hours other than at the Park entry, exit or facilities areas. Riders must wear safety helmets at all times and observe the Park speed limit.

41. BOOM GATE

If the Park has a boom gate, the Manager may issue one Boom Gate Pass to the site Occupant which will allow a specified vehicle to be parked on the site. Boom Gate Passes will only be issued to the site Occupant, who may be requested to provide identification prior to issue. No motor vehicle may enter the Park without a Boom Gate Pass.

 42. SPEED LIMITS

Vehicles, bicycles, skateboards, roller blades, scooters and similar equipment must not travel at more than 5 km/h (e.g. walking pace) within the Park boundaries.

43. VEHICLES & PARKING

Subject to peak periods, exclusion times and the Manager’s discretion: