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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Homebush Bay Operations Bill 1999
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Notes 3
Part 2 Functions of the Authority
5 Rights attaching to land at Homebush Bay 4
6 Functions--generally 4
7 Roads for which the Authority is the roads authority 4
8 Other roads for which the Authority may exercise roads
authority functions 5
9 Private roads 5
10 Traffic management plans 5
11 Offences relating to road closures 6
12 Effect of road closure 7
13 Removal of unattended motor vehicles and trailers 7
14 Delegation of functions by RTA to the Authority 8
15 Homebush Bay Masterplan 8
Homebush Bay Operations Bill 1999
Explanatory note
16 Amendment of Water Supply Authorities Act 1987 No 140
and regulation 8
17 Enforcement officers 9
18 Obstructing or impersonating enforcement officers 9
19 Regulation of land at Homebush Bay 9
20 Relationship with other laws and instruments 10
Part 3 General
21 Appropriate regulatory authority 11
22 Environmental protection proceedings 11
23 No liability in nuisance 11
24 Land subject to licences 12
25 Penalty notices 12
26 Proceedings for offences 13
27 Liability of owner of vehicle for certain parking offences 13
28 Amendment of Acts 15
29 Amendment or substitution of Schedule 1 15
30 Act to bind Crown 15
31 Regulations 16
32 Expiry of Act 16
Schedules
1 Homebush Bay 17
2 Water supply authorities legislation 18
3 Homebush Bay Operations Regulation 1999 20
4 Amendment of Acts 35
Explanatory note page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 1999
New South Wales
Homebush Bay Operations Bill 1999
Act No , 1999
An Act to provide for the development, management and regulation of certain land
at Homebush Bay; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Homebush Bay Operations Bill 1999
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Homebush Bay Operations Act 1999.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Definitions
(1) In this Act:
Authority means the Olympic Co-ordination Authority constituted by
the Olympic Co-ordination Authority Act 1995.
enforcement officer means a person appointed under section 17.
EPA means the Environment Protection Authority constituted by the
Protection of the Environment Administration Act 1991.
exercise a function includes perform a duty.
function includes a power, authority or duty.
Homebush Bay means the area specified for the time being in
Schedule 1.
private road means:
(a) a road that is subject to a lease to the Royal Agricultural
Society of New South Wales, or part of such a road, or
(b) a road (not being a public road) that is prescribed by the
regulations, or part of such a road.
road at Homebush Bay means:
(a) a road within the meaning of the Road Transport (Safety and
Traffic Management) Act 1999, or part of such a road, and
(b) a road related area within the meaning of the Road Transport
(Safety and Traffic Management) Act 1999, or part of such a
road related area,
Page 2
Homebush Bay Operations Bill 1999 Clause 3
Preliminary Part 1
that is shown stippled red or stippled black on the drawing numbered
HS-P-P-722 dated 1 November 1999 deposited in the office of the
Authority, subject to any regulation that is made for the purposes of
section 29.
RTA means the Roads and Traffic Authority of New South Wales
constituted under the Transport Administration Act 1988.
(2) A reference in a provision of this Act or the regulations to a person
authorised by the Authority includes a reference to an enforcement
officer who is authorised by the Authority to exercise the functions
conferred or imposed by the provision.
4 Notes
Notes included in this Act do not form part of this Act.
Page 3
Clause 5 Homebush Bay Operations Bill 1999
Part 2 Functions of the Authority
Part 2 Functions of the Authority
5 Rights attaching to land at Homebush Bay
Except as expressly provided by any agreement entered into by the
Authority before or after the commencement of this section, all rights
as an owner of land for an estate in fee simple attaching to the land at
Homebush Bay referred to in paragraph (a) or (b) of Schedule 1,
including rights of use, occupation and enjoyment, and rights of trade
and commerce, are vested exclusively in the Authority.
6 Functions--generally
(1) The Authority has, in relation to Homebush Bay, the functions of a
council (within the meaning of the Local Government Act 1993) under
a provision of any other Act or a statutory instrument that is specified
by the regulations and, for the purpose of the exercise of those
functions, Homebush Bay is taken to be an area (within the meaning
of the Local Government Act 1993).
(2) The regulations may specify a provision of any other Act or a statutory
instrument as in force for the time being or as in force at a date
specified by the regulations.
(3) A function conferred on the Authority under this section is subject to
such modifications (if any) as may be specified in the regulations.
(4) If the Authority so determines, it may exercise a function conferred on
it under this section to the exclusion of a council.
(5) The Authority may revoke a determination under this section.
(6) The Authority must notify the making or revocation of a determination
under this section to any council affected by it.
7 Roads for which the Authority is the roads authority
(1) This section applies to the roads shown stippled red on the drawing
numbered HS-P-P-722 dated 1 November 1999 deposited in the office
of the Authority, subject to any regulation that is made for the purposes
of section 29.
(2) The Authority is the roads authority under the Roads Act 1993 in
relation to the roads to which this section applies.
Page 4
Homebush Bay Operations Bill 1999 Clause 8
Functions of the Authority Part 2
8 Other roads for which the Authority may exercise roads authority
functions
(1) This section applies to the roads shown stippled black on the drawing
numbered HS-P-P-722 dated 1 November 1999 deposited in the office
of the Authority, subject to any regulation that is made for the purposes
of section 29.
(2) The Authority may exercise the functions of a roads authority under
the Roads Act 1993 in relation to a road to which this section applies.
(3) In addition, the Authority may carry out such works on a road to
which this section applies, place such obstructions on the road, erect
such structures on the road and do all such other things on or in
relation to the road as the Authority considers necessary or convenient.
(4) The Authority may exercise its functions under this section, or such of
those functions as it specifies, to the exclusion of any other roads
authority (except the RTA) if it gives written notification to that effect
to the other roads authority before it exercises its functions.
9 Private roads
A private road, or part of a private road, at Homebush Bay cannot be:
(a) provided, opened, closed or realigned, or
(b) regulated in its use, or
(c) used for a purpose other than a road,
except with the consent of the Authority.
10 Traffic management plans
(1) The Authority is to prepare a traffic management plan, or plans, for all
roads at Homebush Bay.
(2) The Authority:
(a) may control and regulate traffic in any manner and for any
purpose, and
(b) may temporarily close a road at any time and for any purpose,
in accordance with a traffic management plan.
(3) A traffic management plan may, with the consent of the owner or
occupier of a private road, apply to a private road at Homebush Bay in
the same way as it applies to roads at Homebush Bay that are not
private roads, subject to subsection (4).
Page 5
Clause 10 Homebush Bay Operations Bill 1999
Part 2 Functions of the Authority
(4) A traffic management plan cannot authorise the closure of a private
road unless the owner or occupier of the private road has consented to
the closure. Such a consent may be given generally or in a particular
case or class of cases.
(5) A traffic management plan is to be prepared in consultation with the
RTA and does not have effect unless and until the RTA has consented
in writing to the plan.
(6) The consent of the RTA under subsection (5) is taken to be a consent
for the purposes of the Roads Act 1993 and the road transport
legislation (within the meaning of the Road Transport (General) Act
1999) in so far as the consent of the RTA would, but for this
subsection, be required under that Act or that legislation in relation to
any matter dealt with in or arising under the traffic management plan.
(7) The Authority may amend a traffic management plan from time to
time. Subsection (5) applies to the amendment of a traffic
management plan in the same way as it applies to a traffic management
plan.
(8) Nothing in this section affects the functions of the Authority as a roads
authority under the Roads Act 1993.
11 Offences relating to road closures
(1) If, under this Part, a road is closed to vehicles (whether or not it is also
closed to pedestrians) by the use of a sign or barrier:
(a) a person must not bring a vehicle onto the road contrary to the
sign or by interfering with the barrier, except as permitted by a
person authorised by the Authority or a police officer, and
(b) a person in charge of a vehicle situated on the road:
(i) who is informed by a person authorised by the
Authority or a police officer that the road is closed, and
(ii) who is directed by such a person or police officer to
remove the vehicle from the road,
must remove the vehicle from the road as soon as practicable
after the direction is given.
Maximum penalty: 50 penalty units.
Page 6
Homebush Bay Operations Bill 1999 Clause 11
Functions of the Authority Part 2
(2) If, under this Part, a road is closed to pedestrians (whether or not it is
also closed to vehicles) by use of a sign or barrier:
(a) a person must not enter the road contrary to the sign or by
interfering with the barrier, except as permitted by a person
authorised by the Authority or a police officer, or
(b) a person on the road:
(i) who is informed by a person authorised by the
Authority or a police officer that the road is closed, and
(ii) who is directed by such a person or police officer to
leave the road,
must leave the road as soon as practicable after the direction is
given.
Maximum penalty: 50 penalty units.
(3) A person must not damage, remove or interfere with a sign or barrier
erected or provided for the purpose of closing a road under this Part,
except as permitted by a person authorised by the Authority or a police
officer.
Maximum penalty: 50 penalty units.
12 Effect of road closure
A road, or any part of a road, at Homebush Bay does not cease to be
a road for the purposes of the road transport legislation (within the
meaning of the Road Transport (General) Act 1999), the Motor
Accidents Compensation Act 1999 or any other Act or law because it
is closed or access to it is restricted or the use of it is restricted under
this or any other Act.
13 Removal of unattended motor vehicles and trailers
(1) This section applies to an unattended motor vehicle or trailer at
Homebush Bay that:
(a) is standing unlawfully, or
(b) constitutes a danger to persons or property, or
(c) is causing an obstruction.
Page 7
Clause 13 Homebush Bay Operations Bill 1999
Part 2 Functions of the Authority
(2) The Authority may, at any time, direct a person authorised by the
Authority to remove an unattended motor vehicle or trailer to which
this section applies from Homebush Bay, or from any part of
Homebush Bay to another part of Homebush Bay, if the Authority is
of the opinion that it is necessary to do so.
(3) Section 76 of the Road Transport (Safety and Traffic Management)
Act 1999 applies to motor vehicles or trailers to which this section
applies in the same way as it applies to an unattended motor vehicle or
trailer unlawfully standing on a prescribed place within the meaning of
that section.
(4) In this section, motor vehicle and trailer have the same meanings as
in the Road Transport (Safety and Traffic Management) Act 1999.
14 Delegation of functions by RTA to the Authority
The Authority is taken to be an authorised person for the purposes of
section 50 of the Transport Administration Act 1988.
Note. The effect of this section is to enable the Roads and Traffic Authority to
delegate any of its functions (other than the power of delegation) to the Authority.
15 Homebush Bay Masterplan
(1) The Authority is to do all such things as are reasonably practicable to
ensure that services to Homebush Bay, including public transport
services, are provided and maintained in accordance with the
Homebush Bay Masterplan as in force from time to time.
(2) In this section, Homebush Bay Masterplan means the masterplan that
is the subject of the Homebush Bay Masterplan Report published by
the Authority in September 1995.
16 Amendment of Water Supply Authorities Act 1987 No 140 and
regulation
(1) The Water Supply Authorities Act 1987 is amended as set out in Part
1 of Schedule 2.
(2) Part 2 of Schedule 2 is taken to be and has effect as a regulation made
under the Water Supply Authorities Act 1987.
(3) Part 2 of the Subordinate Legislation Act 1989 does not apply to Part
2 of Schedule 2.
Page 8
Homebush Bay Operations Bill 1999 Clause 16
Functions of the Authority Part 2
(4) For the purposes of section 10 of the Subordinate Legislation Act
1989, the regulation set out in Part 2 of Schedule 2 is taken to have
been published on the date of assent to this Act.
(5) Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to
the regulation set out in Part 2 of Schedule 2.
17 Enforcement officers
(1) The Authority may appoint persons to exercise such functions of the
Authority, or of a person authorised by the Authority, as are specified
in the instrument of the person's appointment.
(2) The Authority is to provide each enforcement officer with an
identification card.
(3) In the course of exercising his or her functions, an enforcement officer
must, if requested to do so by a person affected by the exercise of any
such function, produce his or her identification card to the person.
18 Obstructing or impersonating enforcement officers
(1) A person who, without reasonable excuse, resists, obstructs, or
attempts to obstruct, an enforcement officer in the exercise of his or
her functions is guilty of an offence.
(2) A person who impersonates an enforcement officer is guilty of an
offence.
(3) A person who threatens, intimidates or assaults an enforcement officer
in the exercise of his or her functions is guilty of an offence.
Maximum penalty: 20 penalty units.
19 Regulation of land at Homebush Bay
(1) Schedule 3 is taken to be and has effect as a regulation made under this
Act.
(2) Part 2 of the Subordinate Legislation Act 1989 does not apply to
Schedule 3.
(3) For the purposes of section 10 of the Subordinate Legislation Act
1989, the regulation set out in Schedule 3 is taken to have been
published on the date of assent to this Act.
(4) Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to
the regulation set out in Schedule 3.
Page 9
Clause 20 Homebush Bay Operations Bill 1999
Part 2 Functions of the Authority
20 Relationship with other laws and instruments
The functions conferred on the Authority by or under this Act:
(a) are in addition to, and do not limit or otherwise affect, the
functions of the Authority under the Olympic Co-ordination
Authority Act 1995 or any other law, and
(b) do not affect the functions of the Sydney Organising Committee
for the Olympic Games constituted by the Sydney Organising
Committee for the Olympic Games Act 1993, and
(c) do not affect the functions of the Olympic Roads and Transport
Authority under the Olympic Roads and Transport Authority
Act 1998 or any other law, and
(d) do not affect the provisions of any agreement entered into by
the Authority before the commencement of this section in
relation to land at Homebush Bay.
Page 10
Homebush Bay Operations Bill 1999 Clause 21
General Part 3
Part 3 General
21 Appropriate regulatory authority
For the purposes of the Protection of the Environment Operations Act
1997, the EPA is the appropriate regulatory authority for premises
occupied at, and activities carried out on land at, Homebush Bay.
22 Environmental protection proceedings
(1) Proceedings against the Authority:
(a) for an order to remedy or restrain a breach (or a threatened or
apprehended breach) of the Protection of the Environment
Operations Act 1997 or the regulations under that Act, or
(b) under Part 8.6 of the Protection of the Environment Operations
Act 1997, or
(c) for an order to remedy or restrain a breach (or a threatened or
apprehended breach) of any other Act (except the
Environmental Planning and Assessment Act 1979), or any
statutory rule under any other Act, if the breach (or the
threatened or apprehended breach) is causing or is likely to
cause harm to the environment, whether or not any right of any
person has been or may be infringed by or as a consequence of
that breach,
may be brought only by the EPA and not by any other person.
(2) This section applies to a person exercising functions for the purposes
of the Olympic Games, the Paralympic Games or a test event (as those
terms are defined in the Olympic Roads and Transport Authority Act
1998) on land at Homebush Bay in the same way as it applies to the
Authority.
(3) This section has effect despite the Protection of the Environment
Operations Act 1997 or any other Act.
23 No liability in nuisance
Anything done or omitted to be done by the Authority, or any person
authorised by the Authority, in the exercise of its functions under this
Act or the regulations does not constitute a nuisance.
Page 11
Clause 24 Homebush Bay Operations Bill 1999
Part 3 General
24 Land subject to licences
(1) If land at Homebush Bay is subject to a licence, a person other than:
(a) the Authority, or
(b) a person authorised by the Authority, or
(c) the licensor (if the licensor is a person other than the Authority),
must not enter or remain on the land except with the permission of the
licensee.
(2) This section applies to a licence whether issued before or after the
commencement of this section.
25 Penalty notices
(1) An authorised officer may serve a penalty notice on a person if it
appears to the officer that the person has committed an offence against
this Act or the regulations, being an offence prescribed by the
regulations as a penalty notice offence.
(2) A penalty notice is a notice to the effect that, if the person served does
not wish to have the matter determined by a court, the person may pay,
within the time and to the person specified in the notice, the penalty
prescribed by the regulations for the offence if dealt with under this
section.
(3) A penalty notice may be served personally or by post.
(4) If the amount of the penalty prescribed for an alleged offence is paid
under this section, no person is liable to any further proceedings for the
alleged offence.
(5) Payment under this section is not an admission of liability for the
purposes of, and does not affect or prejudice, any civil claim, action or
proceeding arising out of the same occurrence.
(6) The regulations may:
(a) prescribe an offence for the purposes of this section by
specifying the offence or by referring to the provision creating
the offence, and
(b) prescribe the amount of penalty for an offence if dealt with
under this section, and
(c) prescribe different amounts of penalty for different offences or
classes of offences.
Page 12
Homebush Bay Operations Bill 1999 Clause 25
General Part 3
(7) The amount of penalty prescribed under this section for an offence is
not to exceed the maximum amount of penalty that could be imposed
for the offence by a court.
(8) This section does not limit the operation of any other provision of, or
made under, this or any other Act relating to proceedings that may be
taken in respect of offences.
(9) In this section, authorised officer means a person authorised by the
Authority for the purposes of this section, a police officer or any other
person of a class prescribed by the regulations.
26 Proceedings for offences
Proceedings for an offence against this Act or the regulations are to be
dealt with summarily before a Local Court constituted by a Magistrate
sitting alone.
27 Liability of owner of vehicle for certain parking offences
(1) This section applies to any offence against this Act or the regulations
that arises from the parking of a vehicle on land at Homebush Bay,
other than a road, (which in this section is referred to as a parking
offence).
Note. Parking offences that occur on roads, including roads at Homebush Bay,
are subject to section 43 of the Road Transport (General) Act 1999.
(2) If a parking offence occurs in relation to a vehicle, the person who at
the time of the occurrence of the offence is the responsible person for
the vehicle is taken to be guilty of the parking offence in all respects
as if the responsible person were the actual offender guilty of the
offence, unless:
(a) in a case in which the offence is dealt with by penalty notice,
the person satisfies an authorised officer, or
(b) in any other case, the court hearing the proceedings for the
offence is satisfied,
that the vehicle was, at the relevant time, a stolen vehicle or a vehicle
illegally taken or used.
(3) Nothing in this section affects the liability of an actual offender in
respect of a parking offence but, if a penalty has been imposed on, or
recovered from, any person in relation to a parking offence, no further
penalty can be imposed on or recovered from any other person in
relation to the offence.
Page 13
Clause 27 Homebush Bay Operations Bill 1999
Part 3 General
(4) Despite subsection (2), the responsible person for a vehicle is not
guilty of a parking offence by the operation of that subsection if:
(a) in a case in which the offence is dealt with by penalty
notice--the responsible person:
(i) within 21 days after service on the responsible person of
a penalty notice alleging that the responsible person has
been guilty of the offence, supplies by statutory
declaration to the authorised officer the name and
address of the person who was in charge of the vehicle
at all relevant times relating to the parking offence
concerned, or
(ii) satisfies the authorised officer that the responsible
person did not know and could not with reasonable
diligence have ascertained that name and address, or
(b) in any other case--the responsible person:
(i) within 21 days after service on the responsible person of
a summons in respect of the offence, supplies by
statutory declaration to the informant the name and
address of the person who was in charge of the vehicle
at all relevant times relating to the parking offence
concerned, or
(ii) satisfies the court hearing the proceedings for the
offence that the responsible person did not know and
could not with reasonable diligence have ascertained
that name and address.
(5) A person must not, in a statutory declaration supplied under subsection
(4) falsely nominate another person as the person who was in charge
of the vehicle at the time the offence occurred.
Maximum penalty:
(a) if the offence relates to a vehicle registered otherwise than in
the name of a natural person--10 penalty units, or
(b) in any other case--5 penalty units.
(6) A statutory declaration under subsection (4), if produced in any
proceedings against the person named in the declaration and in respect
of the parking offence concerned, is evidence (unless contrary evidence
is adduced) that the person was in charge of the vehicle at all relevant
times relating to the parking offence.
Page 14
Homebush Bay Operations Bill 1999 Clause 27
General Part 3
(7) A statutory declaration that relates to more than one parking offence
does not constitute a statutory declaration under, or for the purposes of,
subsection (4).
(8) The provisions of this section are in addition to and not in derogation
of any other provisions of this or any other Act or of any instrument in
force under this or any other Act.
(9) In this section:
authorised officer means:
(a) a person authorised by the Authority to exercise the functions
of an authorised officer under this section, or
(b) a police officer.
responsible person for a vehicle has the same meaning as in the Road
Transport (General) Act 1999.
28 Amendment of Acts
An Act specified in Schedule 4 is amended as set out in that Schedule.
29 Amendment or substitution of Schedule 1
(1) The regulations may:
(a) amend Schedule 1 to add land to, or remove land from, the
Schedule, or
(b) repeal Schedule 1 and replace it with a schedule that describes
land at Homebush Bay.
(2) Land that is not included in Schedule 1 on the date of commencement
of this section cannot be included in Schedule 1 by a regulation
without the consent of the owner of the land.
(3) A regulation made for the purposes of this section may declare:
(a) that specified land at Homebush Bay is a road within the
meaning of this Act, and
(b) that the Authority has the functions under section 7 or section
8 in relation to the land so specified.
30 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far
as the legislative power of the Parliament of New South Wales permits,
the Crown in all its other capacities.
Page 15
Clause 31 Homebush Bay Operations Bill 1999
Part 3 General
31 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted
to be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) In particular, the regulations may make provision for or with respect
to the following matters concerning land at Homebush Bay:
(a) the care, control and management of the land,
(b) the use and enjoyment of the land,
(c) the admission of persons to the land and the regulation or
prohibition of the entry of persons to the land, including the
banning of persons from entry to the land or any part of it,
(d) the searching of bags, containers and articles brought onto the
land, and their contents,
(e) the securing of decency and order on the land,
(f) the removal of persons from the land,
(g) the circumstances in which a person may be required to state
his or her full name and residential address, or provide proof of
age,
(h) the prohibition or regulation of the taking of any thing onto the
land, including alcohol and its consumption,
(i) the granting of any authorisation by the Authority,
(j) the imposition of fees and charges.
(3) A regulation may create an offence punishable by a penalty not
exceeding 50 penalty units.
32 Expiry of Act
This Act ceases to have effect on 31 March 2002.
Page 16
Homebush Bay Operations Bill 1999
Homebush Bay Schedule 1
Schedule 1 Homebush Bay
(Sections 3 (1), 29)
The area that comprises:
(a) the land coloured yellow on the drawing numbered HS-
P-P-722 dated 1 November 1999 deposited in the office
of the Authority (including land coloured yellow, or
coloured yellow and stippled red, that comprises a
road), and
(b) land that is vested in the State Sports Centre Trust
constituted by the State Sports Centre Trust Act 1984
and that is leased to the Authority, and
(c) the land stippled black and not coloured yellow on the
drawing numbered HS-P-P-722 dated 1 November 1999
deposited in the office of the Authority.
Page 17
Homebush Bay Operations Bill 1999
Schedule 2 Water supply authorities legislation
Schedule 2 Water supply authorities legislation
(Section 16)
Part 1 Amendment of Water Supply Authorities Act 1987
No 140
Schedule 1 Water Supply Authorities
Insert at the end of Part 2:
Olympic Co-ordination Authority
Part 2 Water Supply Authorities (Olympic Co-ordination
Authority) Regulation 1999
1 Name of Regulation
This Regulation is the Water Supply Authorities (Olympic
Co-ordination Authority) Regulation 1999.
2 Definitions
In this Regulation:
Homebush Bay has the same meaning as in the Homebush Bay
Operations Act 1999.
OCA means the Olympic Co-ordination Authority constituted by the
Olympic Co-ordination Authority Act 1995.
the Act means the Water Supply Authorities Act 1987.
3 Area of operations
For the purposes of section 13 (1) of the Act, the area of operations of
OCA is Homebush Bay.
Page 18
Homebush Bay Operations Bill 1999
Water supply authorities legislation Schedule 2
4 Functions
For the purposes of section 13 (2) of the Act, OCA has, and may
exercise, in its area of operations only such functions as relate to the
Water Reclamation and Management Scheme at Homebush Bay,
including:
(a) the collection of waste water, and
(b) the treatment of waste water, and
(c) the distribution of treated water.
Page 19
Homebush Bay Operations Bill 1999
Schedule 3 Homebush Bay Operations Regulation 1999
Schedule 3 Homebush Bay Operations Regulation
1999
(Section 19)
Part 1 Preliminary
1 Name of Regulation
This Regulation is the Homebush Bay Operations Regulation 1999.
2 Definitions
In this Regulation:
liquor has the same meaning as in the Liquor Act 1982.
public domain means that part of Homebush Bay that is not the site of
a sportsground.
sell includes any of the following:
(a) sell by wholesale, retail, auction or tender,
(b) hire,
(c) barter or exchange,
(d) supply for profit,
(e) offer for sale or hire, receive for sale or hire, have in
possession for sale or hire or expose or exhibit for sale or hire,
(f) conduct negotiations for sale or hire,
(g) consign or deliver for sale or hire,
(h) solicit for sale or hire,
(i) cause or permit anything referred to above.
sign includes a board, post, banner, notice or painted marking.
sportsground means the following:
(a) Stadium Australia,
(b) the Sydney Showground,
(c) the Sydney Superdome,
(d) the Sydney International Athletic Centre,
Page 20
Homebush Bay Operations Bill 1999
Homebush Bay Operations Regulation 1999 Schedule 3
(e) the Athletics Warm-up Arena,
(f) the Sydney Indoor Sports and Training Centre,
(g) the Sydney International Aquatic Centre,
(h) the Tennis Centre,
(i) the Archery Centre.
the Act means the Homebush Bay Operations Act 1999.
vehicle includes any of the following:
(a) a motor vehicle,
(b) a trailer or caravan, whether or not it is in the course of being
towed,
(c) an apparatus that is propelled by human, animal or mechanical
power, or by the wind, and is wholly or partly used for the
conveyance of persons or things, other than a wheelchair, pram
or stroller,
(d) a boat, raft, canoe, ski, barge or other vessel.
Part 2 Regulation of activities--generally
3 Commercial and other activities
A person must not do any of the following at Homebush Bay, except
as authorised by the Authority:
(a) sell or hire, or offer for sale or hire, any article,
(b) provide, or offer to provide, any services for fee, gain or
reward,
(c) supply, or attempt to supply, (including by selling or attempting
to sell) a ticket for admission to a sportsground,
(d) use any audio, loudspeaker or broadcasting equipment or
camera (whether photographic, cinematic or video), for a
commercial purpose,
(e) distribute any advertising matter or display any advertisement
(other than on a vehicle driven by the person or on any clothing
worn by the person),
(f) damage, destroy or remove any tree, plant or other vegetation,
(g) damage, destroy or remove any building, structure or
equipment,
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Homebush Bay Operations Bill 1999
Schedule 3 Homebush Bay Operations Regulation 1999
(h) leave any rubbish or litter, except in a receptacle provided for
the purpose.
Maximum penalty: 20 penalty units.
4 Closing of the public domain
(1) The Authority may, by means of signs, barriers or buoys, close
temporarily the whole or any part of the public domain to the public.
(2) A person must not enter any part of the public domain that has been
closed to the public under this or any other provision of this
Regulation, except as authorised by the Authority or by a police
officer.
Maximum penalty (subclause (2)): 20 penalty units.
5 Other controls
(1) The Authority may do any one or more of the following:
(a) limit the number of persons who may enter Homebush Bay or
any part of Homebush Bay,
(b) close Homebush Bay or any part of Homebush Bay to the
public,
(c) charge admission to Homebush Bay or any part of Homebush
Bay,
(d) prohibit persons from entering Homebush Bay or any part of
Homebush Bay:
(i) if they are in possession of liquor or any other specified
thing, or
(ii) if, in the opinion of a person authorised by the
Authority, they are or appear to be intoxicated.
(2) Nothing in this clause limits any other function of the Authority under
this Regulation.
6 Bringing of liquor into Homebush Bay
(1) A person must not bring or attempt to bring liquor into Homebush Bay
or any part of Homebush Bay specified by the Authority without the
approval of the Authority.
Maximum penalty: 10 penalty units.
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Homebush Bay Operations Bill 1999
Homebush Bay Operations Regulation 1999 Schedule 3
(2) As an alternative to being refused entry to the Homebush Bay or any
part of Homebush Bay, or being removed from Homebush Bay or any
part of Homebush Bay, for a contravention of this clause, a person may
be required to dispose of the liquor concerned in a manner approved
by the Authority or to surrender the liquor to the Authority for
disposal.
(3) This clause does not apply to a person who holds an entitlement to sell
liquor on a part of Homebush Bay set aside for that purpose.
7 Sale or supply of liquor to minors
A person must not sell or supply liquor within Homebush Bay to any
person under the age of 18 years.
Maximum penalty: 10 penalty units.
8 Prohibition on liquor
(1) The Authority may prohibit the drinking of liquor in Homebush Bay
or any part of Homebush Bay (either at any time or at any particular
time). The Authority is to give public notice of any such prohibition.
(2) A person must not drink liquor in Homebush Bay or any part of
Homebush Bay in contravention of any such prohibition.
Maximum penalty: 1 penalty unit.
(3) A person is not guilty of an offence under this clause unless it is
established that on the day of the contravention a person authorised by
the Authority or a police officer warned the person that the drinking of
liquor was prohibited and that the person commenced to drink,
continued to drink or resumed drinking liquor in contravention of the
prohibition.
(4) The Authority may prohibit persons from entering Homebush Bay or
any part of Homebush Bay during the conduct of a particular activity
that is promoted, organised or conducted by the Authority, or by any
person with the approval of the Authority, if they are in possession of
liquor.
9 Parking
(1) The Authority may regulate the parking of vehicles on any part of the
public domain by a sign or signs displayed on or adjacent to the part.
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Homebush Bay Operations Bill 1999
Schedule 3 Homebush Bay Operations Regulation 1999
(2) A person must not park a vehicle on a part of the public domain in
contravention of a sign displayed in accordance with this clause.
Maximum penalty (subclause (2)): 10 penalty units.
10 Use of land by buses
(1) The Authority may set aside any land within the public domain for use
by buses.
(2) The Authority may determine:
(a) the days and times during which, and the conditions on which,
any such land may be used by buses, and
(b) the charges (if any) to be imposed for the use by buses of any
such land.
(3) A person must not, except as authorised by the Authority, contravene
any conditions of use of any such land that are displayed in, or at the
places of entry into, that land.
Maximum penalty (subclause (3)): 20 penalty units.
11 Securing of vessels to wharves of the Authority
(1) A person must not, except as authorised by the Authority, secure a
vessel to a wharf of the Authority.
Maximum penalty: 20 penalty units.
(2) The Authority may determine:
(a) the days and times during which, and the conditions on which,
a wharf of the Authority may be used to secure vessels, and
(b) the charges (if any) to be imposed for the use of a wharf of the
Authority to secure vessels.
(3) This clause does not apply to a vessel that is secured to a wharf of the
Authority at the direction or with the permission of any person or body
entitled to give such a direction or permission.
(4) In this clause:
vessel includes a charter boat, water taxi or ferry.
wharf of the Authority means a wharf (including a pier, jetty, landing
stage or dock) that is vested in or managed by the Authority at
Homebush Bay.
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Homebush Bay Operations Bill 1999
Homebush Bay Operations Regulation 1999 Schedule 3
12 Personal conduct
(1) A person must not do any of the following at Homebush Bay:
(a) use indecent, obscene, insulting or threatening language,
(b) behave in an offensive or indecent manner,
(c) cause serious alarm or affront to a person by disorderly
conduct,
(d) obstruct a person in the performance of the person's work or
duties,
(e) fail to comply with a reasonable request or direction given for
the purpose of securing good order and management and
enjoyment of Homebush Bay, or any part of Homebush Bay, by
the Authority, a person authorised by the Authority or a police
officer.
Maximum penalty: 10 penalty units.
(2) Without limiting subclause (1) (e), it is reasonable for the Authority,
a person authorised by the Authority or a police officer to request a
person:
(a) to open any bag, container or other thing in the person's
possession in order that its contents may be inspected, and
(b) to permit any thing in the person's possession, and the contents
of any such thing, to be inspected.
13 Closure and use of roads
Clauses 4, 5, 9 and 10:
(a) do not extend the powers of the Authority under the Act in
relation to roads (not being private roads) at Homebush Bay,
and
(b) do not authorise the doing of anything in relation to the control
and regulation of traffic on, or the temporary closure of, a road
at Homebush Bay contrary to a traffic management plan in
force under section 10 of the Act.
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Homebush Bay Operations Bill 1999
Schedule 3 Homebush Bay Operations Regulation 1999
Part 3 Regulation of activities--sportsgrounds
14 Prohibited entry to playing fields
A person must not enter or remain on a playing field or other
competition area within a sportsground unless the person:
(a) is a participant in a sport or event held with the authorisation of
the Authority, or
(b) is engaged in the control or management of any such sport or
event, or
(c) has, or is a member of a class of persons that has, been
authorised by the Authority to enter the playing field or other
competition area.
Maximum penalty: 50 penalty units.
15 Removal from sportsground
(1) A person who contravenes any provision of this Regulation while at
a sportsground, or who trespasses or causes annoyance or
inconvenience on any part of a sportsground, may be removed from
the sportsground or the relevant part of the sportsground by a person
authorised by the Authority or a police officer.
(2) A person authorised by the Authority or a police officer acting in
accordance with this clause may use such force as is reasonable in the
circumstances for the purpose of discharging his or her functions under
this clause.
16 Banning from sportsground
(1) A person who is removed from a playing field or other competition
area within a sportsground as a result of contravening clause 14 is
banned from entering the sportsground for a period of 12 months
commencing on the day the person is so removed.
(2) A person who is so banned from entering a sportsground under
subclause (1) and who is found on any part of the sportsground during
the period of the ban is banned from entering the sportsground for life.
(3) A person who has been banned from entering a sportsground under
subclause (1) and who is at any subsequent time removed from the
sportsground as a result of contravening clause 14 is banned from
entering the sportsground for life.
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Homebush Bay Operations Bill 1999
Homebush Bay Operations Regulation 1999 Schedule 3
17 Authority may ban persons for specified period
(1) The Authority may ban a person from entering any part of Homebush
Bay for such period (not exceeding 6 months) as the Authority
determines if the person contravenes any provision of this Regulation.
(2) This clause does not apply to a person who is banned from entering a
sportsground under clause 16.
18 Taking photographs of certain persons
The Authority may take a photograph or make another form of image
of a person who is removed from a sportsground under this
Regulation.
Part 4 Miscellaneous
19 Fees
(1) The Authority may from time to time determine the fees that are
payable by a person to whom the Authority has given an authorisation
under this Regulation.
(2) The person to whom the authorisation is given is liable to the
Authority for payment of the fee.
(3) Any unpaid fee may be recovered by the Authority from the person
liable to pay it as a debt.
(4) The Authority may reduce, or waive payment of, a fee payable under
this clause.
20 Conditions attaching to authorisations
(1) The Authority may give an authorisation under this Regulation subject
to such conditions as the Authority considers appropriate.
(2) The Authority may require a person to whom an authorisation under
this Regulation is proposed to be given to give security in such amount
and form as the Authority determines for fulfilment of the person's
obligations under the conditions of that authorisation.
(3) A person who fails to comply with a condition to which an
authorisation is subject is guilty of an offence.
Maximum penalty (subclause (3)): 10 penalty units.
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Homebush Bay Operations Bill 1999
Schedule 3 Homebush Bay Operations Regulation 1999
21 Requirement to state name and address and provide proof of age
(1) A person authorised by the Authority or a police officer who suspects
on reasonable grounds that a person at Homebush Bay has committed,
or been involved in the commission of, an offence against this
Regulation may require the person:
(a) to state his or her full name and residential address, and
(b) if the person's age is relevant to the commission of the offence,
to provide proof of his or her age.
(2) A person must not:
(a) fail without reasonable excuse to comply with a requirement
under this clause, or
(b) in purported compliance with such a requirement, furnish
information that the person knows to be false or misleading.
Maximum penalty: 20 penalty units.
(3) A person is not guilty of an offence against this clause unless it is
established that the person authorised by the Authority or police officer
warned the person that the failure to comply with the requirement is an
offence.
22 Removal of certain persons
(1) A person who:
(a) causes annoyance or inconvenience to other persons at
Homebush Bay or a part of Homebush Bay, or
(b) contravenes any provision of this Regulation at Homebush Bay,
or
(c) trespasses on any part of Homebush Bay closed to the public,
must leave Homebush Bay or the part of Homebush Bay concerned
immediately when requested to do so by a person authorised by the
Authority or a police officer.
Maximum penalty: 20 penalty units.
(2) A person who fails to comply with such a request may be removed
from Homebush Bay or the part of Homebush Bay concerned by a
person authorised by the Authority or a police officer.
(3) Reasonable force (including by means of passive restraints) may be
used to effect the person's removal.
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Homebush Bay Operations Bill 1999
Homebush Bay Operations Regulation 1999 Schedule 3
(4) A person who leaves or is removed from Homebush Bay or a part of
Homebush Bay under this clause must remove any equipment, vehicle
or animal, or any other item belonging to or associated with the person
from Homebush Bay or the part of Homebush Bay concerned.
(5) A person is not guilty of an offence against this clause unless it is
established that the person authorised by the Authority or police
officer warned the person that the failure to comply with the request is
an offence.
23 Removal of obstructions
(1) The Authority or a police officer may order the removal of anything
which obstructs or encroaches on any part of land at Homebush Bay.
(2) The order may be given to either or both of the following:
(a) the person who caused the obstruction or encroachment,
(b) a person using the thing causing the obstruction or
encroachment.
(3) A person to whom such an order is given must comply with the order.
Maximum penalty: 20 penalty units.
(4) The Authority or a police officer may remove the obstruction or
encroachment whether or not an order for its removal has been given
under this clause.
(5) The Authority may recover from either of the persons referred to in
subclause (2) the Authority's reasonable costs and expenses incurred
in removing an obstruction or encroachment.
(6) This clause does not apply to an obstruction or encroachment if its
presence on land at Homebush Bay is authorised:
(a) by the Authority, or
(b) by any other person having lawful authority,
and its presence has not ceased to be so authorised.
24 Confiscation of articles
(1) In this clause:
article means any article, equipment or other thing, and includes an
animal but does not include an unattended motor vehicle or trailer to
which section 13 of the Act applies.
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Homebush Bay Operations Bill 1999
Schedule 3 Homebush Bay Operations Regulation 1999
authorised person means a person who is authorised by the Authority.
confiscated article means an article of which an authorised person
takes possession under this clause.
(2) This clause applies to an article:
(a) that is in the possession of a person, or
(b) that is used by a person,
in contravention of this Regulation.
(3) An authorised person may take possession of any article to which this
clause applies if:
(a) in the case of an article that is in the possession of a person in
contravention of this Regulation--the authorised person has
directed the person to remove it from Homebush Bay and the
person has not done so, or
(b) in the case of an article that is used by a person in
contravention of this Regulation--the authorised person has
directed the person to stop the use of the article and, despite the
direction, the person has continued to use the article in
contravention of this Regulation,
but may not use force to do so.
(4) On taking possession of a confiscated article, the authorised person
must give a receipt to the person from whom it has been taken,
indicating the nature of the article and the date and time when the
authorised person took possession of it.
(5) A confiscated article:
(a) must be returned to the person from whom it was taken, or be
delivered to a public pound (within the meaning of the
Impounding Act 1993), within 24 hours after possession of it is
taken, and
(b) if it is delivered to a public pound, the person from whom it
was taken must be notified in writing of the address of the
pound.
(6) The Impounding Act 1993 (sections 20 and 23 (2) (b) and (c)
excepted) applies to a confiscated article that is delivered to a public
pound as if the article had been impounded under that Act.
Accordingly, it will become returnable on demand.
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Homebush Bay Operations Bill 1999
Homebush Bay Operations Regulation 1999 Schedule 3
(7) The deadline for the release of a confiscated article, as referred to in
section 24 of the Impounding Act 1993, is taken to be 28 days from the
day on which possession of it was taken.
25 Penalty notices: section 25
For the purposes of section 25 of the Act:
(a) each offence created by a provision specified in Column 1 of
Schedule 1 is prescribed as a penalty notice offence, and
(b) the prescribed penalty for such an offence is the amount
specified in Column 4 of that Schedule.
26 Short description of offences
(1) For the purposes of section 145B of the Justices Act 1902, the
prescribed expression for an offence created by a provision specified
in Column 1 of Schedule 1 consists of:
(a) if one or more IPB Codes are set out in relation to the offence
in Column 2 of Schedule 1, any of those IPB codes together
with:
(i) the text set out in relation to the offence in Column 3 of
that Schedule, or
(ii) if a choice of words is indicated in that text, the words
remaining after the omission of the words irrelevant to
the offence, or
(b) if no IPB Code is set out in relation to the offence in Column
2 of Schedule 1:
(i) the text set out in relation to the offence in Column 3 of
that Schedule, or
(ii) if a choice of words is indicated in that text, the words
remaining after the omission of the words irrelevant to
the offence.
(2) For the purposes of any proceedings for an offence created by a
provision specified in Column 1 of Schedule 1, the prescribed
expression for the offence is taken to relate to the offence created by
the provision as the provision was in force when the offence is alleged
to have been committed.
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Homebush Bay Operations Bill 1999
Schedule 3 Homebush Bay Operations Regulation 1999
(3) The amendment or repeal of a prescribed expression does not affect
the validity of any information, complaint, summons, warrant, notice,
order or other document in which the expression is used, and any such
document continues to have effect as if that expression had not been
amended or repealed.
(4) Subclause (3) applies to any information, complaint, summons,
warrant, notice, order or other document (whether issued, given or
made before or after the amendment or repeal) that relates to an
offence alleged to have been committed before the amendment or
repeal.
Page 32
Homebush Bay Operations Bill 1999
Homebush Bay Operations Regulation 1999 Schedule 3
Schedule 1 Penalty notice offences and short
descriptions
(Clauses 25 and 26)
Column 1 Column 2 Column 3 Column 4
Offence IPB Code Short description text Penalty
Homebush Bay Operations Act 1999
section 11 (1) (a) 7208 EVA bring vehicle onto closed road $200
without authority
section 11 (1) (b) 7209 EVB not remove vehicle from closed $200
road
section 11 (2) (a) 7210 EVC pedestrian enter closed road $200
without authority
section 11 (2) (b) 7211 EVD pedestrian not leave closed road $200
section 11 (3) 7212 EVE damage/remove/interfere with $200
road sign/barrier without
authority
Homebush Bay Operations Regulation 1999
clause 3 (a) 7213 EVF sell/hire/offer for sale/offer for $150
hire article without authority
clause 3 (b) 7214 EVG provide/offer to provide $150
services without authority
clause 3 (c) 7215 EVH supply/attempt to supply ticket $150
without authority
clause 3 (d) 7216 EVI use audio/camera for $150
commerce without authority
clause 3 (e) 7217 EVJ distribute/display advertisement $150
without authority
clause 3 (f) 7218 EVK damage/destroy/remove $150
tree/plant/vegetation without
authority
clause 3 (g) 7219 EVL damage/destroy/remove $150
building/structure/equipment
without authority
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Homebush Bay Operations Bill 1999
Schedule 3 Homebush Bay Operations Regulation 1999
clause 3 (h) 7220 EVM leave rubbish/litter without $150
authority
clause 4 (2) 7221 EVN enter closed public domain $150
without authority
clause 6 (1) 7222 EVO bring/attempt to bring liquor $100
without approval
clause 7 7224 EVP sell/supply liquor to minor $100
clause 8 (2) 7225 EVQ drink liquor where prohibited $15
clause 9 (2) 7227 EVR park vehicle contrary to sign $100
clause 10 (3) 7228 EVS wrongly use land for buses $150
clause 11 (1) 7229 EVT secure vessel to wharf without $150
authority
clause 12 (1) (a) 7230 EVU use indecent/obscene/insulting/ $100
threatening language
clause 12 (1) (b) 7231 EVV behave in offensive/indecent $100
manner
clause 12 (1) (c) 7232 EVW cause serious alarm/affront $100
clause 12 (1) (d) 7233 EVX obstruct person's work/duties $100
clause 12 (1) (e) 7234 EVY fail to comply with request/ $100
direction
clause 14 7235 EVZ enter/remain on playing field $500
clause 20 (3) 7236 EWA fail to comply with condition $100
of authorisation
clause 21 (2) (a) 7237 EWB fail to provide information $150
clause 21 (2) (b) 7238 EWC knowingly furnish false/ $150
misleading information
clause 22 (1) 7239 EWD fail to comply with request to $150
leave
clause 23 (3) 7240 EWE not remove obstruction/ $150
encroachment following order
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Homebush Bay Operations Bill 1999
Amendment of Acts Schedule 4
Schedule 4 Amendment of Acts
(Section 28)
4.1 Fines Act 1996 No 99
Schedule 1 Statutory provisions under which penalty notices
issued
Insert in alphabetical order:
Homebush Bay Operations Act 1999, section 25
4.2 Impounding Act 1993 No 31
[1] Dictionary
Insert in the definition of area of operations after the matter relating to
impounding officers appointed by the Centennial Park and Moore Park
Trust:
· in the case of an impounding officer appointed by the Olympic
Co-ordination Authority, land at Homebush Bay within the
meaning of the Homebush Bay Operations Act 1999,
[2] Dictionary
Insert in the definition of impounding authority after the matter relating to
the Sydney Harbour Foreshore Authority:
· the Olympic Co-ordination Authority,
Page 35
Homebush Bay Operations Bill 1999
Schedule 4 Amendment of Acts
4.3 Olympic Co-ordination Authority Act 1995 No 10
Clause 3 Definitions
Omit the definitions of Olympic Games and Olympic venues and facilities.
Insert instead:
Olympic Games means the Games of the XXVII Olympiad to
be held principally in Sydney in the year 2000, and includes:
(a) the Paralympic Games, being the games for athletes
with a disability that are to be held principally in Sydney
in the year 2000, and
(b) a test event, being an event conducted at a venue or
facility at which Olympic Games and Paralympic
Games sporting events are to be conducted before those
Games are held in order to test the capacity and
operational functions of the venue or facility to provide
for those sporting events, and
(c) a special event within the meaning of the Olympic
Roads and Transport Authority Act 1998.
Olympic venues and facilities means venues and facilities that
are required for hosting the Olympic Games, including the
following:
(a) venues to conduct sporting events,
(b) training facilities for competitors,
(c) media centres and other communications facilities for
the media,
(d) residential accommodation for competitors, officials and
members of the media,
(e) storage facilities for sporting, communication or other
equipment,
(f) catering facilities for venues, training facilities, media
centres and residential accommodation,
(g) helicopter landing facilities,
(h) transport and other physical infrastructure associated
with any of the above venues or facilities,
Page 36
Homebush Bay Operations Bill 1999
Amendment of Acts Schedule 4
(i) any other development (within the meaning of the
Environmental Planning and Assessment Act 1979)
determined by the Director-General to be required for,
or as being associated with, the Olympic Games,
Paralympic Games or a test event.
Page 37
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