Short-Term Rental Accommodation Act 2024

Short-Term Rental Accommodation Amendment Regulations 2024

 

 

Short-Term Rental Accommodation Amendment Regulations 2024

Contents

1.Citation1

2.Commencement1

3.Regulations amended1

4.Regulation 4 amended1

5.Regulation 5 amended3

6.Regulation 18 amended4

 

Short‑Term Rental Accommodation Act 2024

Short‑Term Rental Accommodation Amendment Regulations 2024

Made by the Governor in Executive Council.

1.Citation

These regulations are the Short‑Term Rental Accommodation Amendment Regulations 2024.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on the day on which the Planning and Development (Local Planning Schemes) Amendment (Short‑Term Rental Accommodation) Regulations 2024 regulation 3 comes into operation.

3.Regulations amended

These regulations amend the Short‑Term Rental Accommodation Regulations 2024.

4.Regulation 4 amended

(1)In regulation 4(1) delete the definition of ancillary dwelling.

(2)In regulation 4(1) insert in alphabetical order:

 

ancillary dwelling and dwelling have the meanings given in the R‑Codes;

 

(3)Delete regulation 4(2) and insert:

 

(2)Short‑term rental accommodation is hosted accommodation if —

(a)it is an ancillary dwelling; and

(b)during the short‑term rental arrangement —

(i)the accommodation provider resides at another dwelling that is comprised in the same title as the ancillary dwelling; or

(ii)an agent of the accommodation provider who ordinarily resides at the ancillary dwelling, or at another dwelling that is comprised in the same title as the ancillary dwelling, resides at the other dwelling.

(2A)Short‑term rental accommodation is hosted accommodation if —

(a)it is a dwelling that is comprised in the same title as an ancillary dwelling; and

(b)during the short‑term rental arrangement —

(i)the accommodation provider resides at the ancillary dwelling; or

(ii)an agent of the accommodation provider who ordinarily resides at the dwelling, or at the ancillary dwelling, resides at the ancillary dwelling.

 

5.Regulation 5 amended

(1)Delete regulation 5(1) and insert:

 

(1)In this regulation —

commencement day means the day on which the Short‑Term Rental Accommodation Amendment Regulations 2024 regulation 3 comes into operation;

tourist and visitor accommodation has the meaning given in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 1 clause 38.

 

(2)Delete regulation 5(2)(c) and (d) and insert:

 

(c)premises that are tourist and visitor accommodation;

(d)premises that are the subject of a development approval for use as a serviced apartment or a tourist development, as those terms were defined in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 1 clause 38 immediately before commencement day.

 

6.Regulation 18 amended

In regulation 18(1) in the definition of fee waiver period delete paragraph (b) and insert:

 

(b)ending on 1 December 2024.

 

V. MOLAN, Clerk of the Executive Council

© State of Western Australia 2024.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2024.

By Authority: GEOFF O. LAWN, Government Printer