New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
World Youth Day Bill 2006
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Effect of Act on police powers and other matters 3
Part 2 Constitution and management of Authority
5 Constitution of Authority 4
6 Status of Authority 4
7 Ministerial control 4
8 Chief Executive Officer of the Authority 4
9 Advisory Board 4
10 Advisory committees 5
11 Delegation of Authority's functions 5
World Youth Day Bill 2006
Contents
Page
Part 3 Functions of Authority
12 Functions--generally 6
13 Other functions concerning land 7
Part 4 Co-ordination and co-operation of government
agencies
14 Obligations of government agencies 8
15 Powers of government agencies 8
Part 5 Management of roads and traffic
Division 1 Transport areas
16 Declaration of transport areas 9
17 Government agencies to comply with Authority's
directions 9
Division 2 Road transport legislation
18 Definitions--Division 2 9
19 Relationship with road transport legislation 10
20 WYD08 lane signs 10
21 Use of lanes 11
22 Issue of WYD08 lane permits by Authority 11
23 Road closures--integrated road and transport services 11
24 Road closures--World Youth Day events 11
25 Road closures--short periods 12
26 Road closure to be for shortest possible period 13
27 Offences relating to road closures 13
28 Effect of road closure 14
29 Removal of unattended motor vehicles--generally 14
30 Removal of unattended motor vehicles--breach of
parking restrictions 14
31 Declarations under sections 29 and 30 15
32 Removal of unattended motor vehicles--emergencies 15
33 Penalty notices 15
Part 6 Crown Lands Act 1989
34 Relationship with Crown Lands Act 1989 16
35 Use of reserves 16
Part 7 Environmental Planning and Assessment Act 1979
36 Relationship with Environmental Planning and
Assessment Act 1979 17
Contents page 2
World Youth Day Bill 2006
Contents
Page
37 Modification of environmental planning instruments
and development consents 17
Part 8 Local Government Act 1993
38 Relationship with Local Government Act 1993 19
39 Modification of certain approvals 19
40 Use of community land 20
41 Authorised persons 20
Part 9 Protection of the Environment Operations Act 1997
42 Relationship with Protection of the Environment
Operations Act 1997 21
43 Modification of environmental impacts 21
44 Effect of declaration 22
Part 10 Miscellaneous
45 Illegal car parks 23
46 Control of sale and distribution of articles in certain
public places 23
47 Dispute resolution 25
48 Authorisations for section 51 of the Trade Practices
Act 1974 (Cth) and Competition Code 25
49 No liability in nuisance 26
50 Claims for compensation 26
51 Exclusion of personal liability 26
52 Seal of Authority 27
53 Recovery of fees and charges 27
54 Rangers 27
55 Penalty notices 27
56 Enforcement 28
57 Proceedings for offences 28
58 Regulations 29
59 Savings, transitional and other provisions 29
60 Amendment of other Acts 29
61 Dissolution of Authority and Advisory Board 30
62 Repeal of Act 30
Schedule 1 Savings, transitional and other provisions 31
Schedule 2 Amendment of Acts 32
Contents page 3
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, , 2006
New South Wales
World Youth Day Bill 2006
Act No , 2006
An Act to constitute a World Youth Day Co-ordination Authority, to confer certain
functions on the Authority and to provide for the co-operation of other government
agencies in the planning, co-ordination and delivery of government services in
relation to World Youth Day 2008 and related events; 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 World Youth Day Bill 2006
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the World Youth Day Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
(1) In this Act:
Advisory Board means the Advisory Board established under section 9.
Authority means the World Youth Day Co-ordination Authority
constituted by section 5.
Chief Executive Officer means the Chief Executive Officer of the
Authority holding office as such under Chapter 1A of the Public Sector
Employment and Management Act 2002.
exercise a function includes perform a duty.
function includes a power, authority or duty.
government agency means:
(a) a public authority constituted by or under an Act, or
(b) a NSW Government agency, or
(c) a Division of the Government Service, or
(d) a local authority, or
(e) a State owned corporation,
but does not include the Authority or NSW Police.
member of staff of the Authority means a person employed under
Chapter 1A of the Public Sector Employment and Management Act
2002 in a Division of the Government Service to enable the Authority
to exercise its functions.
ranger means a person appointed as a ranger under section 54.
road and transport plan means a plan prepared by the Authority that
sets out policies and procedures to be followed in relation to the
provision of integrated road and transport services in relation to a World
Youth Day event.
traffic includes vehicular traffic, pedestrian traffic, cyclist traffic and all
other kinds of traffic.
Page 2
World Youth Day Bill 2006 Clause 4
Preliminary Part 1
transport area means a transport area declared under Division 1 of
Part 5.
World Youth Day event means any event determined by the Authority
to be an event associated with World Youth Day 2008.
World Youth Day period means the period from 1 July 2008 to 31 July
2008, inclusive.
World Youth Day venue or facility means a venue or facility that is
required for hosting a World Youth Day event, and includes the
following:
(a) media centres and other communications facilities for the media,
(b) lodgings and other accommodation for persons attending such an
event,
(c) transport and other physical infrastructure associated with any of
the above venues or facilities,
(d) any other development (within the meaning of the Environmental
Planning and Assessment Act 1979) determined by the Authority
to be required for, or as associated with, a World Youth Day
event.
WYD 2008 means the company registered under the Corporations Act
2001 of the Commonwealth as WYD 2008 (ACN 118 060 987).
(2) Notes included in this Act do not form part of this Act.
4 Effect of Act on police powers and other matters
Nothing in this Act:
(a) affects the lawful exercise of powers by a police officer, or
(b) authorises the Authority to direct that members, facilities or other
resources of NSW Police be used to enable the Authority to
exercise the Authority's functions under this Act.
Page 3
Clause 5 World Youth Day Bill 2006
Part 2 Constitution and management of Authority
Part 2 Constitution and management of Authority
5 Constitution of Authority
There is constituted by this Act a corporation with the corporate name
of the World Youth Day Co-ordination Authority.
6 Status of Authority
The Authority is a NSW Government agency.
7 Ministerial control
The Authority is subject to the control and direction of the Minister in
the exercise of its functions.
8 Chief Executive Officer of the Authority
(1) The Chief Executive Officer is responsible for the day-to-day
management of the affairs of the Authority.
(2) Any act, matter or thing done in the name of, or on behalf of, the
Authority by the Chief Executive Officer is taken to have been done by
the Authority.
9 Advisory Board
(1) There is to be an Advisory Board of the Authority.
(2) The principal function of the Advisory Board is to provide advice to the
Chief Executive Officer on the following:
(a) any matter referred to the Advisory Board by the Chief Executive
Officer,
(b) any matter referred to the Advisory Board by a member of the
Board,
(c) overall planning and logistics for World Youth Day events,
(d) matters that impact on the New South Wales Government's
commitments in relation to World Youth Day events.
(3) The Advisory Board is to consist of the following members:
(a) the Minister (who is to be the Chairperson of the Advisory
Board),
(b) the Director-General of the Premier's Department,
(c) the Chief Executive Officer of the Authority,
(d) the Chief Operating Officer of WYD 2008,
Page 4
World Youth Day Bill 2006 Clause 10
Constitution and management of Authority Part 2
(e) such other members as the Minister may appoint to represent
government agencies that, in the opinion of the Minister, will be
involved in the provision of services for World Youth Day
events.
(4) The members of the Advisory Board are honorary members and no
remuneration is payable to them in respect of the duties they perform as
members. The members are however entitled to be reimbursed for
reasonable expenses (such as for travel or accommodation) that they
may incur in attending meetings of the Advisory Board.
(5) Subject to the regulations, the term of office of appointed members of
the Advisory Board, the procedure for calling meetings of the Board and
the conduct of business at those meetings are to be determined by the
Minister.
10 Advisory committees
(1) The Advisory Board may establish advisory committees to assist it in
the exercise of its functions or for the purposes of public consultation.
(2) Any or all of the members of an advisory committee may be persons
who are not members of the Advisory Board.
(3) The procedure for the calling of meetings of an advisory committee and
for the conduct of business at those meetings is to be as determined by
the Advisory Board or (subject to any determination of the Advisory
Board) by the committee.
11 Delegation of Authority's functions
(1) The Authority may delegate to an authorised person any of its functions,
other than this power of delegation.
(2) A delegate may sub-delegate to an authorised person any function
delegated by the Authority if the delegate is authorised in writing to do
so by the Authority.
(3) In this section, authorised person means:
(a) a member of the Advisory Board, or
(b) a member of staff of the Authority, or
(c) a government agency or member of staff of a government agency,
or
(d) a member of NSW Police, or
(e) a person, or committee of persons, of a class approved by the
Minister or prescribed by the regulations.
Page 5
Clause 12 World Youth Day Bill 2006
Part 3 Functions of Authority
Part 3 Functions of Authority
12 Functions--generally
(1) The principal function of the Authority is to develop policies, strategies
and plans for the delivery of, and to co-ordinate and manage the
delivery of, integrated government services for World Youth Day
events.
(2) The Authority also has the following functions in relation to World
Youth Day events:
(a) to establish a command structure for the provision of integrated
government services, including the preparation and
implementation of road and transport plans,
(b) to consult with relevant government agencies and NSW Police in
the preparation of road and transport plans,
(c) to notify relevant government agencies and NSW Police of the
making or amendment of a road and transport plan,
(d) to co-ordinate and manage the road network, including pedestrian
movements and motor vehicle traffic on roads,
(e) to co-ordinate and manage the delivery of public transport
services,
(f) to develop and manage the government's communication and
public information strategy,
(g) to perform, co-ordinate, monitor, advise and report on the
government's commitments to WYD 2008,
(h) to liaise with NSW Government agencies and NSW Police on
World Youth Day matters,
(i) to be the principal NSW Government agency for liaison with
other State and Territory Governments, the Commonwealth
Government, WYD 2008 and the Catholic Church on World
Youth Day matters,
(j) to provide advice to the New South Wales Government on World
Youth Day matters.
(3) The Authority may do all such supplemental, incidental or
consequential acts as may be necessary or expedient for the exercise of
its functions.
(4) The Authority may exercise its functions in or outside New South
Wales.
Page 6
World Youth Day Bill 2006 Clause 13
Functions of Authority Part 3
(5) The Authority cannot, however, employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to enable
the Authority to exercise its functions.
(6) The Authority has such other functions as are conferred or imposed on
it by or under this or any other Act.
13 Other functions concerning land
The Authority may, with the consent of the owner of any land, exercise
in relation to the land any function that it could so exercise if it were the
owner of the land.
Page 7
Clause 14 World Youth Day Bill 2006
Part 4 Co-ordination and co-operation of government agencies
Part 4 Co-ordination and co-operation of government
agencies
14 Obligations of government agencies
A government agency has the following obligations in respect of World
Youth Day events:
(a) to co-operate with the Authority in the exercise of the Authority's
functions, including complying with any reasonable request of
the Authority for information to enable the Authority to exercise
its functions,
(b) to comply with the Authority's road and transport plan for a
World Youth Day event in respect of which it has received
notification by the Authority,
(c) to provide resources and assistance in accordance with any
request of the Authority that is authorised by or under this Act,
(d) to notify the Authority of any proposed exercise of the agency's
functions that may impact adversely on the exercise of the
Authority's functions.
15 Powers of government agencies
Despite the provisions of any other Act or law, a government agency is:
(a) authorised to exercise any of its functions in order to comply with
a request, direction or decision of the Authority made or given
under this Act, and
(b) authorised and empowered to enter into agreements for the
purposes of this Act with the Authority and may do or suffer
anything necessary or expedient for carrying any such agreement
into effect.
Page 8
World Youth Day Bill 2006 Clause 16
Management of roads and traffic Part 5
Part 5 Management of roads and traffic
Division 1 Transport areas
16 Declaration of transport areas
(1) The Minister may, by order published in the Gazette, declare an area
specified in the order to be a transport area.
(2) The Minister may make an order under this section only if the Minister
is satisfied that the order is required to enable integrated road and
transport services to be provided for a World Youth Day event.
(3) As soon as practicable after making an order under this section, the
Minister is to cause a copy of the order to be given to any government
agency that has any of the functions referred to in section 17 (1) in the
transport area concerned.
(4) A transport area order takes effect on the day the order is published in
the Gazette or on a later day specified in the order.
(5) A transport area order remains in force for the period specified in the
order.
17 Government agencies to comply with Authority's directions
(1) The Authority may direct a government agency to exercise in a
particular way any of the following functions that the government
agency has in a transport area:
(a) any function relating to the provision of transport,
(b) any function relating to the regulation or movement of traffic,
(c) any function relating to the provision, regulation or prohibition of
parking,
(d) any function that might impact on any of the functions of a
government agency referred to in paragraph (a), (b) or (c).
(2) A government agency is to comply, as far as is reasonably possible, with
a direction given to it under this section.
Division 2 Road transport legislation
18 Definitions--Division 2
(1) In this Division:
road includes:
(a) a road related area, and
Page 9
Clause 19 World Youth Day Bill 2006
Part 5 Management of roads and traffic
(b) a private road, being an area that:
(i) is not, or is not generally, open to or used by the public, and
(ii) is developed for, or has as one of its main uses, the driving
or riding of motor vehicles.
road transport legislation has the same meaning as in the Road
Transport (General) Act 2005.
WYD08 lane--see section 21 (3).
(2) Words and expressions used in this Division that are defined in the road
transport legislation have the same meanings as in that legislation.
19 Relationship with road transport legislation
(1) This Division is to be construed with and as if it formed part of the road
transport legislation.
(2) However, unless otherwise specified, in this Division:
(a) references to provisions are references to provisions of this Act,
and
(b) references to this Act are references to the World Youth Day Act
2006.
(3) In the event of an inconsistency between this Division and the road
transport legislation, this Division prevails to the extent of the
inconsistency.
(4) The provisions of this Division and section 50 (Claims for
compensation) have effect despite Part 2.1 of the Road Transport
(General) Act 2005.
20 WYD08 lane signs
(1) A sign that is a reasonable likeness (within the meaning of rule 316 (4)
of the Australian Road Rules) of the diagram prescribed by the
regulations under the Road Transport (Safety and Traffic Management)
Act 1999 as a WYD08 lane sign is a WYD08 lane sign for the purposes
of this Division.
(2) A sign that is a reasonable likeness (within the meaning of rule 316 (4)
of the Australian Road Rules) of the diagram prescribed by the
regulations under the Road Transport (Safety and Traffic Management)
Act 1999 as an end WYD08 lane sign is an end WYD08 lane sign for
the purposes of this Division.
(3) A sign to which this section applies is a prescribed traffic control device
for the purposes of Part 4 of the Road Transport (Safety and Traffic
Management) Act 1999.
Page 10
World Youth Day Bill 2006 Clause 21
Management of roads and traffic Part 5
21 Use of lanes
(1) A driver must not drive, during the World Youth Day period, in a
WYD08 lane unless:
(a) the driver is driving:
(i) a vehicle that displays, in accordance with instructions
given by the Authority, a permit issued by the Authority to
drive in a WYD08 lane, or
(ii) a public bus or taxi, or
(iii) a police vehicle or an emergency vehicle, or
(b) the driver is driving in the WYD08 lane in the same
circumstances as a driver is permitted to drive in a transit lane
under rule 158 of the Australian Road Rules.
Maximum penalty: $2,200.
(2) A person may ride a bicycle in a WYD08 lane.
(3) A WYD08 lane is a marked lane, or part of a marked lane:
(a) beginning at a WYD08 lane sign, and
(b) ending at an end WYD08 lane sign.
(4) Words and expressions used in this section that are defined in the
Australian Road Rules have the same meanings as in those Rules.
22 Issue of WYD08 lane permits by Authority
The Authority may issue a permit authorising the driving of a vehicle in
a WYD08 lane.
23 Road closures--integrated road and transport services
(1) This section applies to roads within transport areas.
(2) The RTA may, at the direction of the Authority, close a road for any
length of time during the World Youth Day period for the purpose of
providing integrated road and transport services for a World Youth Day
event.
(3) A road cannot be closed under this section unless the RTA has, not less
than 7 days before the proposed closure, given public notice of the
proposed closure by a notice published in a newspaper circulating
generally in New South Wales.
24 Road closures--World Youth Day events
(1) This section applies to roads whether or not the roads are within a
transport area.
Page 11
Clause 25 World Youth Day Bill 2006
Part 5 Management of roads and traffic
(2) The Authority may prepare a traffic management plan, or plans, for all
roads on which activities associated with World Youth Day events are
to be conducted.
(3) The Authority may, in accordance with a traffic management plan:
(a) control and regulate traffic in any manner and for any purpose,
and
(b) temporarily close a road, or part of a road, at any time and for any
purpose.
(4) A traffic management plan may, with the consent of the owner or
occupier of a private road, apply to a private road in the same way as it
applies to roads that are not private roads, subject to subsection (5).
(5) 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.
(6) 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.
(7) The consent of the RTA under subsection (6) is taken to be a consent for
the purposes of the Roads Act 1993 and the road transport legislation 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.
(8) A traffic management plan may be amended from time to time.
Subsection (6) applies to the amendment of a traffic management plan
in the same way as it applies to a traffic management plan.
(9) A road cannot be closed under this section unless the RTA has, not less
than 7 days before the proposed closure, given public notice of the
proposed closure by a notice published in a newspaper circulating
generally in New South Wales.
25 Road closures--short periods
(1) This section applies to roads whether or not the roads are within a
transport area.
(2) The RTA may, at the direction of the Authority, close a road for a period
not exceeding 3 consecutive days during the World Youth Day period
for any of the following purposes:
(a) facilitating the conduct of a World Youth Day event,
(b) controlling and regulating vehicular or pedestrian traffic at or
near any World Youth Day venue or facility,
Page 12
World Youth Day Bill 2006 Clause 26
Management of roads and traffic Part 5
(c) ensuring the safety of persons,
(d) protecting property from damage.
(3) It is not necessary to give public notice of the closure of a road under
this section.
26 Road closure to be for shortest possible period
It is the duty of the RTA and the Authority to ensure that a road is not
closed under this Division for a period longer than is necessary to serve
the purpose for which the road is closed.
27 Offences relating to road closures
(1) If, under this Division, a road is closed to vehicles (whether or not it is
also closed to pedestrians) by the use of a sign or barrier, a person must
not bring a vehicle onto the road contrary to the sign or by removing,
interfering with or going beyond the barrier, except as permitted by an
authorised person.
Maximum penalty: $5,000.
(2) If, under this Division, a road is closed to vehicles (whether or not it is
also closed to pedestrians) by the use of a sign or barrier, a person in
charge of a vehicle situated on the road who is informed by an
authorised person that the road is closed and directed by an authorised
person 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: $5,000.
(3) If, under this Division, a road is closed to pedestrians (whether or not it
is also closed to vehicles) by the use of a sign or barrier, a person must
not enter the road contrary to the sign or by removing, interfering with
or going beyond the barrier, except as permitted by an authorised
person.
Maximum penalty: $5,000.
(4) If, under this Division, a road is closed to pedestrians (whether or not it
is also closed to vehicles) by the use of a sign or barrier, a person on the
road who is informed by an authorised person that the road is closed and
directed by an authorised person to leave the road must leave the road
as soon as practicable after the direction is given.
Maximum penalty: $5,000.
(5) 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
Division, except as permitted by an authorised person.
Maximum penalty: $5,000.
Page 13
Clause 28 World Youth Day Bill 2006
Part 5 Management of roads and traffic
(6) In this section, authorised person means a person authorised by the
RTA or the Authority, or a police officer.
28 Effect of road closure
A road, or any part of a road, does not cease to be a road for the purposes
of the road transport legislation, 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 Division or any other
Act.
29 Removal of unattended motor vehicles--generally
(1) This section applies to an unattended motor vehicle or trailer that:
(a) is standing unlawfully, or
(b) constitutes a danger to persons or property, or
(c) is causing an obstruction.
(2) The Authority may declare that, for the whole or any specified part of
the World Youth Day period, section 76 of the Road Transport (Safety
and Traffic Management) Act 1999 applies to motor vehicles or trailers
to which this section applies on the following places 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:
(a) a WYD08 lane,
(b) a road that has been closed under this Division,
(c) a specified parking space,
(d) a road notified by the Minister by order published in the Gazette
as a World Youth Day route,
(e) a road or area designated by signs erected by the Authority or the
RTA as a tow-away area.
30 Removal of unattended motor vehicles--breach of parking restrictions
The Authority may declare that, for the whole or any specified part of
the World Youth Day period, section 76 of the Road Transport (Safety
and Traffic Management) Act 1999 applies to unattended motor
vehicles or trailers that are parked on specified roads in breach of a
parking restriction 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.
Page 14
World Youth Day Bill 2006 Clause 31
Management of roads and traffic Part 5
31 Declarations under sections 29 and 30
A declaration under section 29 or 30 is to be published in a newspaper
circulating generally in New South Wales and has effect from the date
of publication or, if a later date is specified in the declaration for that
purpose, on the later date so specified.
32 Removal of unattended motor vehicles--emergencies
(1) At any time during the World Youth Day period, the Chief Executive
Officer may direct an authorised officer to remove an unattended motor
vehicle or trailer from a road within a transport area if the Chief
Executive Officer is of the opinion that it is necessary to do so.
(2) The provisions of section 76 (2)(8A) of the Road Transport (Safety
and Traffic Management) Act 1999 apply to the removal of an
unattended motor vehicle or trailer in accordance with this section in the
same way as they apply to the removal of an unattended motor vehicle
or trailer in accordance with that section.
(3) However, it is not necessary that the unattended motor vehicle or trailer
is standing unlawfully.
(4) In this section, authorised officer has the same meaning as in section 76
of the Road Transport (Safety and Traffic Management) Act 1999.
33 Penalty notices
For the avoidance of doubt, and without limiting the application of any
other powers of prosecution or enforcement under the road transport
legislation, penalty notices may be issued under the road transport
legislation in relation to offences created by this Division.
Page 15
Clause 34 World Youth Day Bill 2006
Part 6 Crown Lands Act 1989
Part 6 Crown Lands Act 1989
34 Relationship with Crown Lands Act 1989
(1) This Part is to be construed with and as if it formed part of the Crown
Lands Act 1989.
(2) However, unless otherwise specified, in this Part:
(a) references to provisions are references to provisions of this Act,
and
(b) references to this Act are references to the World Youth Day Act
2006.
(3) In the event of an inconsistency between this Part and the Crown Lands
Act 1989, this Part prevails to the extent of the inconsistency.
35 Use of reserves
(1) In this section, reserve and reserve trust have the same meanings as in
section 78 of the Crown Lands Act 1989.
(2) Nothing in the Crown Lands Act 1989 or an instrument made under that
Act, including the by-laws or a plan of management for a reserve,
prevents or restricts the use of a reserve, with the consent of the reserve
trust which is the trustee of the reserve or the council that manages the
reserve on behalf of the reserve trust, for any of the following purposes:
(a) a World Youth Day event,
(b) development for the purposes of temporary World Youth Day
venues and facilities.
Page 16
World Youth Day Bill 2006 Clause 36
Environmental Planning and Assessment Act 1979 Part 7
Part 7 Environmental Planning and Assessment
Act 1979
36 Relationship with Environmental Planning and Assessment Act 1979
(1) This Part is to be construed with and as if it formed part of the
Environmental Planning and Assessment Act 1979.
(2) However, unless otherwise specified, in this Part:
(a) references to provisions are references to provisions of this Act,
and
(b) references to this Act are references to the World Youth Day Act
2006.
(3) In the event of an inconsistency between this Part and the
Environmental Planning and Assessment Act 1979, this Part prevails to
the extent of the inconsistency.
37 Modification of environmental planning instruments and development
consents
(1) Until 1 August 2008, a person who is authorised or permitted to carry
out a permitted activity on land by or under this Act, or a policy, strategy
or plan prepared and implemented by the Authority for the purposes of
this Act, may carry out that activity on land despite the fact that the
carrying out of the activity is not authorised by or is contrary to or
inconsistent with:
(a) the provisions of an environmental planning instrument applying
to the land, or
(b) the terms or conditions of a development consent applying to the
land.
(2) For the purposes of subsection (1), a permitted activity means:
(a) the use of land for any purpose, or
(b) the erection or use of structures or buildings on the land, or
(c) the demolition or removal of any such structures, or
(d) the carrying out of any work, or
(e) anything done pursuant to a declaration under section 43.
(3) The Authority may impose conditions on the carrying out of a permitted
activity by a person as referred to in subsection (1).
(4) Subsection (1) does not apply to the carrying out of a permitted activity
in contravention of any such condition.
Page 17
Clause 37 World Youth Day Bill 2006
Part 7 Environmental Planning and Assessment Act 1979
(5) If a building or structure is erected before 1 August 2008 in reliance on
subsection (1) and is not removed or demolished before that date, the
Environmental Planning and Assessment Act 1979 and any relevant
instrument made under that Act apply on and after 1 August 2008 to the
building or structure as if subsection (1) had not authorised its erection.
(6) Until 1 August 2008, a person does not breach the terms or conditions
of a development consent applying to land that regulates:
(a) the hours of operation of an activity (including a business) on or
in relation to the land, or
(b) the means of access to the land, or
(c) the emission of noise, including permissible noise levels, on or
from the land, or
(d) activities that affect the amenity of the locality,
by the doing of anything that is reasonably necessary to be done by or
under, or as a consequence of the operation of, this Act, that is
reasonably necessary to be done in order to comply with or give effect
to a policy, strategy or plan prepared and implemented by the Authority
for the purposes of this Act or that is done pursuant to a declaration
under section 43.
(7) In this section, development consent includes an approval under Part
3A of the Environmental Planning and Assessment Act 1979.
Page 18
World Youth Day Bill 2006 Clause 38
Local Government Act 1993 Part 8
Part 8 Local Government Act 1993
38 Relationship with Local Government Act 1993
(1) This Part is to be construed with and as if it formed part of the Local
Government Act 1993.
(2) However, unless otherwise specified, in this Part:
(a) references to provisions are references to provisions of this Act,
and
(b) references to this Act are references to the World Youth Day Act
2006.
(3) In the event of an inconsistency between this Part and the Local
Government Act 1993, this Part prevails to the extent of the
inconsistency.
39 Modification of certain approvals
(1) A person who is authorised or permitted to do anything by or under this
Act, or a policy, strategy or plan prepared and implemented by the
Authority for the purposes of this Act, may do that thing despite the fact
that the doing of it is not authorised by or is contrary to, or inconsistent
with, the terms or conditions of an approval granted under the Local
Government Act 1993.
(2) Without limiting subsection (1), a thing is done under this Act if it is
done pursuant to a declaration under section 43.
(3) A person does not breach the terms or conditions of an approval relating
to:
(a) the management of waste, being an approval under paragraph 1,
2, 3 or 4 of Part C of the Table to section 68 of the Local
Government Act 1993, or
(b) the hours during which an activity may take place, or
(c) the means of access to land or premises, or
(d) the emission of noise, including permissible noise levels, or
(e) the effect of an activity on the amenity of the locality,
by the doing of anything that is reasonably necessary to be done by or
under, or as a consequence of the operation of, this Act, that is
reasonably necessary to be done in order to comply with or give effect
to a policy, strategy or plan prepared and implemented by the Authority
for the purposes of this Act or that is done pursuant to a declaration
under section 43.
Page 19
Clause 40 World Youth Day Bill 2006
Part 8 Local Government Act 1993
(4) A person who is exempt from the requirement to obtain an approval
under section 68 of the Local Government Act 1993 does not cease to be
exempt from the requirement by the doing of anything that is reasonably
necessary to be done under, or as a consequence of the operation of, this
Act, that is reasonably necessary to be done in order to comply with or
give effect to a policy, strategy or plan prepared and implemented by the
Authority for the purposes of this Act or that is done pursuant to a
declaration under section 43.
40 Use of community land
(1) Nothing in the Local Government Act 1993 or an instrument under that
Act, including a plan of management for community land, prevents or
restricts the use of community land, with the approval of the council, for
any of the following purposes:
(a) events approved by the Authority,
(b) development for the purposes of temporary World Youth Day
venues and facilities,
(c) an activity or a community event associated with a World Youth
Day event and held during the World Youth Day period.
(2) For the purpose of obtaining an approval of the council under
subsection (1), the use of community land for a purpose specified in that
subsection is taken to be an activity prescribed by the regulations as
referred to in paragraph 10 of Part F of the Table to section 68 of the
Local Government Act 1993.
41 Authorised persons
An employee of a council who is an authorised person for the purposes
of the Local Government Act 1993 and who exercises functions during
the World Youth Day period for another council is taken to have been
authorised by that other council to exercise those functions and to be an
authorised person for the purposes of that Act in relation to that other
council.
Page 20
World Youth Day Bill 2006 Clause 42
Protection of the Environment Operations Act 1997 Part 9
Part 9 Protection of the Environment Operations
Act 1997
42 Relationship with Protection of the Environment Operations Act 1997
(1) This Part is to be construed with and as if it formed part of the
Protection of the Environment Operations Act 1997.
(2) However, unless otherwise specified, in this Part:
(a) references to provisions are references to provisions of this Act,
and
(b) references to this Act are references to the World Youth Day Act
2006.
(3) In the event of an inconsistency between this Part and the Protection of
the Environment Operations Act 1997, this Part prevails to the extent of
the inconsistency.
43 Modification of environmental impacts
(1) The Authority may declare that any person specified in the declaration
may carry out such activities as are so specified, being activities that, in
the opinion of the Authority, are necessary for, or ancillary to, or
otherwise associated with the conduct of World Youth Day events, on
such days during the World Youth Day period and during such hours as
are so specified.
(2) The specification of a person or activity in a declaration may be by
means of a class or description of persons or activities.
(3) A declaration may prohibit a person from causing, permitting or
allowing the emission of noise from premises on which activities are
carried out at a noise level which, when measured at any point outside
the premises, exceeds a specified level. Such a prohibition may be
enforced as if it were contained in a noise control notice issued under
section 264 of the Protection of the Environment Operations Act 1997.
(4) Before making a declaration, the Authority must consult with the EPA
concerning the proposed terms of the declaration and must also take into
consideration the noise impacts, or the likely noise impacts, of the
activity or activities on residents.
(5) A declaration is to be published in the Gazette.
(6) A declaration takes effect on the day it is published in the Gazette or, if
a later day is specified in the declaration for that purpose, on the later
day so specified.
Page 21
Clause 44 World Youth Day Bill 2006
Part 9 Protection of the Environment Operations Act 1997
(7) A declaration has effect despite the terms of:
(a) the Protection of the Environment Operations Act 1997 or any
other Act, or
(b) any instrument made under the Protection of the Environment
Operations Act 1997 or any other Act, or
(c) any approval, consent, licence, permission or any other form of
authorisation given or granted under any such Act or instrument,
or
(d) any trust, estate, interest, dedication, reservation, condition,
restriction or covenant affecting the land specified in the
declaration.
(8) The Authority may amend or repeal a declaration in the same way as it
may make a declaration.
44 Effect of declaration
(1) In this section, declaration means a declaration made under section 43.
(2) During the period for which a declaration has effect, the EPA is the
appropriate regulatory authority for the activities to which the
declaration applies and the premises on which the activities are carried
out, except as provided by section 263 of the Protection of the
Environment Operations Act 1997.
(3) A prevention notice under section 96 of the Protection of the
Environment Operations Act 1997, or a noise control notice under
section 264 of that Act, cannot be given to a person to prohibit the
person from causing, permitting or allowing anything to be done that is
authorised by a declaration.
(4) An application cannot be made under section 268 of the Protection of
the Environment Operations Act 1997 in respect of noise emitted in
accordance with a declaration.
(5) A noise abatement direction under section 276 of the Protection of the
Environment Operations Act 1997 cannot be given in respect of noise
emitted in accordance with a declaration.
Page 22
World Youth Day Bill 2006 Clause 45
Miscellaneous Part 10
Part 10 Miscellaneous
45 Illegal car parks
(1) This section applies to land that is within 5 kilometres of any World
Youth Day venue or facility.
(2) During the World Youth Day period, a person must not use land to
which this section applies for the purpose of a car park (whether or not
for fee or reward) if the use of the land for that purpose by the person is
not lawful under the Environmental Planning and Assessment Act 1979.
Maximum penalty: $5,000 in the case of an individual and $25,000 in
the case of a corporation and, in the case of a continuing offence by an
individual or corporation, $2,000 for each day the offence continues.
(3) This section does not limit the operation of any other Act that enables
proceedings to be taken in respect of the unlawful use of land.
46 Control of sale and distribution of articles in certain public places
(1) For the purposes of this section, an Authority controlled area is any of
the following areas:
(a) the area comprising, or comprising and adjacent to, a transport
facility or interchange or a World Youth Day venue or facility,
being an area that is specified or described in an order of the
Minister published in the Gazette,
(b) a public place, or any part of a public place, that is within
500 metres of a transport facility or interchange or a World Youth
Day venue or facility, being a public place, or part of a public
place, that is shown on a map referred to in an order of the
Minister published in the Gazette.
(2) The Minister is not to make an order under subsection (1) that applies
to land within the City of Sydney unless the Minister has consulted the
Council of the City of Sydney concerning the order.
(3) A person must not sell or distribute a prescribed article during the World
Youth Day period in an Authority controlled area without the approval
of the Authority.
Maximum penalty: $5,000.
(4) An authorised officer may give a direction to a person who sells or
distributes any prescribed article during the World Youth Day period in
an Authority controlled area without the approval of the Authority to
remove the article, and any other prescribed articles within the person's
possession or under the person's control, from the area immediately or
by such other time as may be directed.
Page 23
Clause 46 World Youth Day Bill 2006
Part 10 Miscellaneous
(5) A person must not fail or refuse to comply with a direction given to the
person by an authorised officer under subsection (4).
Maximum penalty: $5,000.
(6) If a person fails or refuses to comply with a direction given under
subsection (4) for the removal of a prescribed article, the article is
forfeited to the Crown and may be seized by an authorised officer.
(7) A person whose article is forfeited to the Crown under this section may
appeal against the forfeiture to a Local Court within 21 days after the
forfeiture.
(8) A Local Court may determine the appeal by:
(a) upholding the forfeiture, or
(b) ordering the return of the article to the appellant, or
(c) making such other order as it thinks fit.
(9) The regulations may make provision for or with respect to:
(a) approvals under this section, including:
(i) applications for approval, and
(ii) application fees, and
(iii) determination of applications, and
(iv) appeals against determinations of applications, and
(b) the making and determination of appeals under subsection (8).
(10) In this section:
authorised officer means a person authorised in writing by the
Authority for the purposes of this section.
prescribed article means an article of a class prescribed by the
regulations as being a prescribed article for the purposes of this section.
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,
Page 24
World Youth Day Bill 2006 Clause 47
Miscellaneous Part 10
(i) cause or permit anything referred to above,
and includes to sell from a standing vehicle or any article.
47 Dispute resolution
(1) If there is a dispute between the Authority and a government agency
concerning the operation of any provision of this Act and the parties
have after reasonable efforts been unable to resolve the dispute
themselves, either party may request a review of the matter by the
responsible Ministers (namely, the Minister responsible for the
Authority and the Minister responsible for the government agency
concerned).
(2) If the same Minister is responsible for both the Authority and the
government agency concerned, the review is to be by that Minister.
(3) If the dispute is not resolved by the responsible Ministers or Minister,
the dispute is to be referred to the Premier.
(4) The Authority and the government agency concerned are to give effect
to any decision of a Minister or the Premier in resolution of the dispute.
(5) A reference in this section to the Minister responsible for a government
agency is, in the case of a government agency that is a council, a
reference to the Minister administering the Local Government Act 1993.
48 Authorisations for section 51 of the Trade Practices Act 1974 (Cth) and
Competition Code
(1) The following agreements and conduct are specifically authorised by
this Act for the purposes of the Trade Practices Act 1974 of the
Commonwealth and the Competition Code of New South Wales:
(a) any agreements entered into before or after the commencement of
this section by the Authority, or by a person or body with the
approval of the Authority, relating to or in connection with a
World Youth Day event,
(b) the conduct of the parties in entering into any such agreements,
(c) the conduct of the parties in performing any such agreements and
any matter or thing done or omitted to be done by any of the
parties in performing any such agreements.
(2) In this section, agreement includes a contract, arrangement or
understanding.
Page 25
Clause 49 World Youth Day Bill 2006
Part 10 Miscellaneous
49 No liability in nuisance
Anything done or omitted to be done by any person:
(a) in the exercise of functions under this Act or the regulations
(including functions which, by this Act, are taken to be functions
under another Act or instrument), or
(b) pursuant to any of the provisions of this Act or the regulations
(including provisions which, by this Act, are taken to be
provisions of another Act or instrument),
does not constitute a nuisance.
50 Claims for compensation
(1) No act or omission of a person in good faith in purported administration
or execution of a provision of this Act or the regulations gives rise to
any civil liability against:
(a) the person, or
(b) the State or an authority of the State, or
(c) a local council.
(2) This section does not limit or otherwise affect the civil liability of a
person for negligence that causes personal injury to a person or the
death of a person.
51 Exclusion of personal liability
Anything done or omitted to be done by:
(a) the Chief Executive Officer or a person acting under the direction
of the Chief Executive Officer, or
(b) a member of the Advisory Board or a person acting under the
direction of the Advisory Board or a member of the Advisory
Board, or
(c) a committee established by the Advisory Board, a member of
such a committee or a person acting under the direction of any
such committee or member of a committee,
does not subject the Chief Executive Officer, member of the Advisory
Board or of the committee, or person so acting, personally to any action,
liability, claim or demand if the thing was done, or omitted to be done,
in good faith for the purpose of executing this Act.
Page 26
World Youth Day Bill 2006 Clause 52
Miscellaneous Part 10
52 Seal of Authority
The seal of the Authority is to be kept by the Chief Executive Officer,
or by a member of staff of the Authority authorised in that behalf by the
Chief Executive Officer, and may be fixed to a document only:
(a) in the presence of the Chief Executive Officer or that member of
staff, and
(b) with an attestation by the signature of the Chief Executive Officer
or that member of staff of the fact of the fixing of the seal.
53 Recovery of fees and charges
Any charge, fee or money due to the Authority under this Act is
recoverable by the Authority in a court of competent jurisdiction as a
debt due to the Crown.
54 Rangers
(1) The Authority may appoint a person employed under Chapter 1A of the
Public Sector Employment and Management Act 2002 in the
Government Service, or a person of a class prescribed by the
regulations, to be a ranger for the purposes of this Act.
(2) A ranger may exercise such functions as are conferred on a ranger by
this Act or the regulations.
(3) The Authority is to provide each ranger with an identification card.
(4) An identification card is a card that:
(a) states that it is issued under this Act, and
(b) gives the name of the person to whom it is issued, and
(c) describes the nature of the powers conferred, and
(d) states the date (if any) on which it expires, and
(e) is signed by the Chief Executive Officer.
(5) In the course of exercising the functions of a ranger under this Act, the
ranger must, if requested to do so by a person affected by the exercise
of any such function, produce the ranger's identification card to the
person.
55 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.
Page 27
Clause 56 World Youth Day Bill 2006
Part 10 Miscellaneous
(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 can pay,
within the time and to the person specified in the notice, the amount of
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 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 to be regarded as an admission of
liability for the purpose of, and does not in any way 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 payable for the offence if dealt
with under this section, and
(c) prescribe different amounts of penalties for different offences or
classes of offences.
(7) The amount of a 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 ranger or a police officer.
56 Enforcement
For the avoidance of doubt it is declared that, if, by this Act, any of its
provisions are to be construed with and as if they formed part of any
other Act or statutory instrument, those provisions may be enforced in
accordance with the provisions for the enforcement of those Acts or
statutory instruments.
57 Proceedings for offences
(1) Proceedings for an offence against a provision of this Act that is to be
construed with and as if it formed part of another Act or an instrument
may be dealt with under the other Act or the instrument as if the offence
were an offence against a provision of that other Act or instrument.
Page 28
World Youth Day Bill 2006 Clause 58
Miscellaneous Part 10
(2) Proceedings for an offence against a provision of this Act that is not to
be construed with and as if it formed part of another Act or an
instrument, or against the regulations may be dealt with summarily
before a Local Court or before the Supreme Court in its summary
jurisdiction.
(3) If proceedings for an offence to which subsection (2) applies are
brought in a Local Court, the maximum penalty that the Court may
impose in respect of the offence is, despite any other provision of this
Act, $25,000 or the maximum penalty provided by this Act, whichever
is the lesser.
(4) If proceedings for an offence to which subsection (2) applies are
brought in the Supreme Court in its summary jurisdiction, the Supreme
Court may impose a penalty not exceeding the maximum penalty
provided by this Act in respect of the offence.
58 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, regulations may be made for or with respect to the
following:
(a) the fees and charges that may be imposed for the purposes of this
Act,
(b) regulating the use by the public of, and the conduct of the public
on, World Youth Day venues and facilities,
(c) regulating the provision of services by the Authority,
(d) requiring the payment of fares or other charges for the use of any
facility operated or service provided by the Authority or a
government agency for the purposes of this Act,
(e) conferring on the Authority any function that may be exercised
by a council in relation to a public place.
(3) The regulations may create an offence punishable by a maximum
penalty of 50 penalty units.
59 Savings, transitional and other provisions
Schedule 1 has effect.
60 Amendment of other Acts
The Acts specified in Schedule 2 are amended as set out in that
Schedule.
Page 29
Clause 61 World Youth Day Bill 2006
Part 10 Miscellaneous
61 Dissolution of Authority and Advisory Board
(1) The Authority is dissolved on a date to be appointed by proclamation.
(2) Before the dissolution of the Authority, the Minister may make an order
for the transfer or disposal of the assets, and the transfer of the rights and
liabilities, of the Authority to an authority or body determined by the
Minister. Any such order has effect according to its tenor.
(3) Any such order may make provision for or with respect to the members
of staff of the Authority (including the transfer of staff or other
provision relating to staff).
(4) On the dissolution of the Authority:
(a) any assets, rights and liabilities of the Authority referred to in any
such order are transferred, or disposed of, as the case requires, in
accordance with the order, and
(b) any remaining assets, rights and liabilities of the Authority are
transferred to the Crown.
(5) The regulations may make provision for or with respect to any matter
that is consequent on the dissolution of the Authority.
(6) Any such regulation may take effect from a date that is earlier than the
date of its publication in the Gazette.
(7) To the extent to which any such regulation takes effect from an earlier
date, the regulation does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
(8) On the dissolution of the Authority, the Advisory Board is dissolved.
(9) A person who immediately before the dissolution of the Advisory Board
held office as a member of the Advisory Board:
(a) ceases to hold that office, and
(b) is not entitled to any remuneration or compensation because of
the loss of that office.
62 Repeal of Act
This Act is repealed on 1 January 2009.
Page 30
World Youth Day Bill 2006
Savings, transitional and other provisions Schedule 1
Schedule 1 Savings, transitional and other
provisions
(Section 59)
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Page 31
World Youth Day Bill 2006
Schedule 2 Amendment of Acts
Schedule 2 Amendment of Acts
(Section 60)
2.1 Fines Act 1996 No 99
Schedule 1 Statutory provisions under which penalty notices issued
Insert in appropriate order:
World Youth Day Act 2006, section 55
2.2 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Insert "World Youth Day Co-ordination Authority" in appropriate order.
2.3 Subordinate Legislation Act 1989 No 146
Schedule 4 Excluded instruments
Insert at the end of the Schedule with appropriate item number:
Regulations under the World Youth Day Act 2006
Page 32
[Index] [Search] [Download] [Related Items] [Help]