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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 40A
Other orders
40A Other orders
(1) This section applies if the tribunal makes a termination order, in
relation to a site agreement, on the ground mentioned in section 38 (1) (f) .
(2) With the consent of the home owner, the tribunal may order the park owner
to make a comparable site within the park available to the home owner for the
positioning of the manufactured home.
(3) However, the tribunal can not make
an order under subsection (2) if the tribunal is satisfied there is no
comparable site available.
(4) If the tribunal makes an order under
subsection (2) , the tribunal— (a) must make an order varying the
site agreement to identify the comparable site; and
(b) may make any other
order, including an order varying the site agreement in another way, the
tribunal considers appropriate in relation to the comparable site.
(5)
Subsection (2) does not prevent a compensation order under section 40 (2)
being made in favour of the home owner.
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