New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 77

77 Utility charges payable to operator by home owner

(1) This section applies if, under a site agreement, the home owner is required to pay utility charges to the operator for the use by the home owner of a utility at the residential site.

(2) The home owner cannot be required to pay for the use unless--

(a) the use is separately measured or metered, and

(b) the operator gives the home owner an itemised account and allows at least 21 days for the payment to be made.

(3) The operator must not charge the home owner an amount for the use of a utility that is more than the amount charged by the utility service provider or regulated offer retailer who is providing the service for the quantity of the service supplied to, or used at, the residential site.

: Maximum penalty--20 penalty units.

(4) The regulations may--

(a) provide for a maximum utility charge payable by home owners to the operator, and

(b) create an offence for an operator to request or receive more than that maximum charge (if any).

(5) The regulations may provide that a service availability charge for electricity payable by home owners to the operator of a community is to be discounted in accordance with the regulations where less than 60 amps are being supplied.