qdts-camping-options-toolkit

Legal camping options
Fact sheet A
Local Government Act 2009
The Local Government Act 2009 does not specifically
define or legislate around camping. The Act defines the
competitive neutrality principle, which applies to an entity
conducting a significant business activity in competition
with the private sector. The entity should not enjoy a net
advantage over competitors only because the entity is in
the public sector.
A significant business activity has been identified as a
business activity of a local government that:
(a) is conducted in competition, or potential
competition, with the private sector (e.g. off-street
parking, quarries, sporting facilities), and
(b) meets the threshold prescribed under a regulation.
The Local Government Act 2009 allows a local government
to make and enforce any local law necessary or convenient
for the good rule and local government of its local
government area. This would include local laws dealing
with the locations travellers are allowed to camp.
Land Act 1994
Under the Land Act 1994 (s. 31), the Minister may dedicate
unallocated state land as a reserve for one or more
community purposes. The use of the reserve is set out in
local laws or by-laws made by the trustee. Supporting the
Land Act 1994 are a number of Queensland Government
policies that relate to camping:
Caravan Park Policy (PUX/901/102)
The classification of a reserve as a ‘reserve for recreation’
allows for camping with limited facilities for a maximum of
3 nights. Local governments wishing to pursue this must
create a local law to authorise the activity.
Secondary Use of Trust Land (PUX/901/209)
The Secondary Use of Trust Land policy provides
guidelines to ensure a statewide approach is taken
to management of and allocation of tenure to allow
secondary uses of trust land. Requirements related to
camping as an approved secondary use include:
1. There is no suitable site and there is a genuine need
for camping in the area.
2. The use must not diminish the purpose of the trust
land or adversely affect any local licensed caravan
and/or tourist park owners.
3. The views of the Queensland Chamber of Agricultural
Societies could be sought on the use of part of
the showgrounds for camping outside of the
show period.
4. The camping is to be provided for the travelling
public only and any stay should be limited to no
longer than 3 nights, which may be extended to no
more than 7 nights with the proviso that there is
no adverse effect on local licensed caravan and/or
tourist park owners.
5. Camping, in today’s terms, includes a stay in
a caravan.
6. The area should clearly be a camping area, not a
caravan park as such, with the facilities provided
consistent with a camping area (i.e. BBQs, benches,
rubbish bins, toilet facilities, tap water, showers).
7. On-site accommodation and facilities such as a
kiosk, laundry and associated facilities are not to be
available. (The travelling public could use facilities
within the town/area.) Additional improvements
may be provided but this would tend towards a
commercial caravan park, which is not appropriate.
8. A management plan is required, whether the area
is to be managed by the trustee (by issue of trustee
permits) or by a lessee under a trustee lease.
Queensland Planning Provisions
The QPP includes the following definitions.
Relocatable home park
Premises used for relocatable dwellings (whether they
are permanently located or not) that provides long-term
residential accommodation. The use may include a
manager’s residence and office, food and drink outlet,
kiosk, amenity buildings and the provision of
recreation facilities.
Short-term accommodation
Premises used to provide short-term accommodation
for tourists or travellers for a temporary period of time
(typically not exceeding 3 consecutive months) and may be
self-contained. The use may include a manager’s residence
and office and the provision of recreation facilities for the
exclusive use of visitors.
Tourist park
Premises used to provide for accommodation in caravans,
self-contained cabins, tents and similar structures for the
public for short-term holiday purposes.
The use may include, where ancillary, a manager’s
residence and office, a kiosk, amenity buildings, a food
and drink outlet, or the provision of recreation facilities for
the use of occupants of the tourist park and their visitors,
and accommodation for staff.
The QPP is a state planning instrument under the
Sustainable Planning Act 2009 and provides a consistent
form for the preparation of planning schemes across
Queensland. The QPP prevails over all other best
practice guidelines.
Fact sheet A 48