Victorian Current Acts Victorian Current ActsS. 206ZI(1) substituted by No. 45/2018 s. 202(1).
(1) Subject to subsection (1A), a site tenant must use the Part 4A site for residential purposes only and in accordance with the site agreement.
S. 206ZI(1A) inserted by No. 45/2018 s. 202(1).
(1A) A site tenant may use the Part 4A site for a non-residential purpose if the site owner has given written consent to the site tenant to use the Part 4A site for the non-residential purpose.
S. 206ZI(1B) inserted by No. 45/2018 s. 202(1).
(1B) A site owner must not unreasonably withhold consent under subsection (1A).
S. 206ZI(1C) inserted by No. 45/2018 s. 202(1).
(1C) In giving consent to the use of a site under subsection (1A), the site owner may impose reasonable conditions relating to the non-residential use of the site.
S. 206ZI(1D) inserted by No. 45/2018 s. 202(1).
(1D) If the site tenant has requested consent under subsection (1A), the site tenant may apply to the Tribunal on the grounds that—
(a) the site owner has withheld consent unreasonably, if the site owner has withheld consent; or
(b) the site owner has imposed unreasonable conditions relating to the non-residential use of the site, if the site owner has imposed conditions of use on consent given under subsection (1).
S. 206ZI(1E) inserted by No. 45/2018 s. 202(1).
(1E) In determining an application under subsection (1D), the Tribunal, if it thinks fit, may order—
(a) that consent by the site owner for the non‑residential use of the site is not required; and
(b) that conditions specified in the order apply to the non-residential use of the site.
(2) A site tenant must—
(a) use the Part 4A site, Part 4A park and facilities properly; and
(b) ensure that his or her visitors (if any) do the same.
Note to s. 206ZI inserted by No. 45/2018 s. 202(2).
Note
This section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
S. 206ZJ inserted by No. 67/2010 s. 10.