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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to attract, support and facilitate the conduct and holding of
major events in New South Wales. In particular, the Bill:
(a) provides for the declaration of major events, and the designation of authorities
responsible for those events (responsible authorities), by regulation, and
(b) enables statutory authorities that manage, co-ordinate or regulate major events
to be established by regulation (major event authorities), and
(c) facilitates the conduct and holding of major events by:(i) providing that responsible authorities for major events may give
directions to government agencies involved in the provision of transport
and other government services relevant to ensure a co-ordinated
approach to the provision of those services, and
(ii) enacting specific provisions in relation to major events and major event
venues and facilities to deal with traffic management, commercial and
airspace controls and safety and crowd management, and
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(iii) ensuring that activities and land uses associated with major events can
be carried out despite the requirements of other legislation such as the
Environmental Planning and Assessment Act 1979 and the Local
Government Act 1993.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.Clause 3 sets out the objects of the proposed Act.
Clause 4 defines certain words and expressions used in the proposed Act. The term
government agency includes NSW Government agencies, Divisions of the
Government Service, public authorities, local councils and State owned
corporations, but does not include the NSW Police Force.Part 2 Major events
Clause 5 provides that the regulations may declare an event to be a major event
(a major event) for the purposes of the proposed Act. The Minister administering the
proposed Act (the Minister) may recommend the making of such a regulation only
if the Minister has considered:
(a) the nature of the event, and
(b) the number of people expected to attend or participate in the event, and
(c) whether it is in the public interest for the event to be declared a major event.Such a regulation must, amongst other things, describe the event and specify the
period for which the declaration of the major event is in force.Clause 6 provides that regulations declaring a major event must designate a
responsible authority for the event. The responsible authority may be:
(a) a major event authority or other government agency, or
(b) a public official (within the meaning of the Protected Disclosures Act 1994).Clause 7 provides for the appointment of advisory committees to the responsible
authority for a major event.Part 3 Major event authorities
Clause 8 enables regulations to establish a corporation and constitute it as a major
event authority for the purposes of a specified major event (a major event authority).Such major event authorities may be a chief executive governed authority or a board
governed authority. A constituting regulation under the proposed section must
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specify a corporate name for the major event authority, declare whether the authority
is a chief executive governed authority or a board governed authority and set out the
functions of the authority in relation to the major event.Clause 9 provides that affairs of a major event authority are to be managed and
controlled by:
(a) the chief executive of the authority for chief executive governed authorities,
and
(b) the chief executive, subject to and in accordance with any directions given to
the chief executive by the board of the authority, for board governed
authorities.However, each major event authority is subject to the control and direction of the
Minister in the exercise of its functions.Clause 10 provides for the constitution of major event authority boards for board
governed authorities. The regulations are to determine the number of members of
such boards. Schedule 1 to the proposed Act makes further provision regarding
major event authority boards.Clause 11 deals with the appointment of chief executives for major event authorities.
Clause 12 provides that major event authorities may be dissolved, amalgamated or
have their names or nature of governance changed by regulation. Schedule 2 to the
proposed Act makes further provision regarding such dissolutions, changes and
amalgamations.Part 4 Facilitation of major events
Division 1 Application of Part
Clause 13 provides that a provision of the proposed Part does not apply in relation
to a major event unless a regulation declares that it applies.Division 2 Co-ordination and co-operation of government
agencies
Clause 14 requires a government agency to co-operate with the responsible authority
for a major event in the exercise of the responsible authority’s functions, comply with
any road and transport plans prepared by the responsible authority, provide resources
and assistance to the responsible authority if requested and notify the responsible
authority of actions of the government agency that may impact adversely on the
exercise of the responsible authority’s functions.Clause 15 empowers a government agency to comply with directions and requests
of a responsible authority and to enter into agreements with a responsible authority
for the purposes of the proposed Act.
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Clause 16 enables the Minister, by notice in writing given to a government agency
prescribed by the regulations, to direct the agency to comply with a request, direction
or decision of a responsible authority made or given under the proposed Act.Clause 17 provides that the State Emergency Service, the NSW Rural Fire Service
and other persons and bodies prescribed by the regulations may assist a responsible
authority in the delivery of services for a major event, including (but not limited to)
crowd management services and access control services for venues or facilities and
traffic or pedestrian control.Clause 18 provides for the resolution of disputes between a responsible authority
and a government agency concerning the operation of any provision of the proposed
Act.Division 3 Management of roads and traffic
Subdivision 1 Transport areas
Clause 19 authorises the Minister to declare transport areas to enable integrated road
and transport services to be provided for a major event.Clause 20 enables a responsible authority to direct a government agency that has
transport or traffic related functions in a transport area to exercise those functions in
a particular way.Subdivision 2 Road transport legislation
Clause 21 defines certain terms used in the proposed Subdivision.Clause 22 states that the proposed Subdivision is to be construed as if it formed part
of the road transport legislation (within the meaning of the Road Transport (General)
Act 2005).Clause 23 enables major event lane signs and end major event lane signs to be
prescribed by regulations. Such signs are taken to be prescribed traffic control
devices for the purposes of the Road Transport (Safety and Traffic Management)
Act 1999.Clause 24 makes it an offence for a person, who does not fall within specified
exceptions, to drive in a major event lane during a major event period.Clause 25 enables a responsible authority to issue a permit authorising a person to
drive in a major event lane and gives police officers powers to inspect and confiscate
such permits.Clause 26 allows the Roads and Traffic Authority (the RTA) to close a road, at the
direction of a responsible authority, within a transport area during a major event
period in order to provide integrated road and transport services for the major event.Seven days’ notice has to be given of a proposed closure.
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Clause 27 enables a responsible authority to prepare a traffic management plan for
roads on which activities associated with a major event are to be conducted. A traffic
management plan must be approved by the RTA. A responsible authority may
regulate traffic and close roads (whether or not within a transport area) in accordance
with a traffic management plan.Clause 28 enables the RTA, at the direction of a responsible authority, to close a
road (whether or not within a transport area) without public notice for not more than
3 consecutive days during a major event period.Clause 29 provides that any road closures are to be for periods no longer than is
necessary to serve the relevant purpose.Clause 30 makes it an offence for drivers and pedestrians to enter a road closed to
them under the proposed Subdivision by a sign or barrier. It is also an offence for a
driver on a closed road not to remove his or her vehicle, or a pedestrian on a closed
road to remain, if given a direction to leave by an authorised officer.Clause 31 provides that a road does not cease to be a road for the purposes of any
law while it is closed under the proposed Subdivision.Clause 32 enables a responsible authority to declare that section 76 of the Road
Transport (Safety and Traffic Management) Act 1999 applies to unattended motor
vehicles and trailers standing unlawfully, or constituting a danger or obstruction, in
certain areas during a major event period. The effect of such a declaration is to enable
the RTA to tow away the vehicle or trailer.Clause 33 enables the responsible authority to declare that section 76 of the Road
Transport (Safety and Traffic Management) Act 1999 applies to motor vehicles or
trailers that are illegally parked on roads specified in the declaration during a major
event period.Clause 34 requires declarations under proposed sections 32 and 33 to be published
in a newspaper circulating in New South Wales.Clause 35 enables a responsible authority to direct an authorised officer (within the
meaning of section 76 of the Road Transport (Safety and Traffic Management) Act
1999) to remove an unattended motor vehicle or trailer within a transport area during
a major event period if the responsible authority considers it necessary to do so.Clause 36 makes it clear that penalty notices may be issued under the road transport
legislation (within the meaning of the Road Transport (General) Act 2005) in
relation to offences created by the proposed Subdivision.Division 4 Commercial and airspace controls
Clause 37 makes it an offence to sell or distribute articles of a class prescribed by the
regulations, without a responsible authority’s approval, during a major event period
in certain areas close to a major event venue or facility or a transport facility or
interchange defined by order of the Minister. If a person who is selling or distributing
prescribed articles without approval fails or refuses to comply with a direction by an
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authorised officer to remove the articles to a place outside the relevant area, the
articles are forfeited to the Crown.Clause 38 deals with the control of aircraft within airspace over certain major events.
Clause 39 controls certain unauthorised advertising material on buildings and
structures, and enables a person authorised by a responsible authority to cover,
obliterate or remove that unauthorised advertising material at certain sites (as
specified by the Minister by order published in the Gazette).Clause 40 deals with the control of advertising in airspace visible from certain major
event venues or facilities.Clause 41 makes it an offence to engage in certain commercial and other conduct at
a major event venue or facility, except as authorised by the responsible authority.Clause 42 makes it an offence for a person to use any official title or insignia of a
major event for a commercial purpose without the written consent of the responsible
authority concerned.Division 5 Safety and crowd management at major events
Clause 43 gives the responsible authority for a major event a number of functions in
relation to safety and crowd management at the event.Clause 44 makes it an offence for a person at a major event venue or facility:
(a) to use indecent, obscene or threatening language, or
(b) to behave in an offensive or indecent manner, or
(c) to cause serious alarm or affront to a person by disorderly conduct, or
(d) to obstruct a person in the performance of the person’s work or duties, or
(e) to fail to comply with a reasonable request or direction given for the purpose
of securing good order and management and enjoyment of a major event
venue or facility, or any part of a major event venue or facility, by the
responsible authority concerned or an authorised officer.Clause 45 provides that a person’s entry to a major event venue or facility (or any
part of a major event venue or facility) is subject to the condition that the person must
undergo specified searches if requested. A failure to comply with such a request is
not an offence. However, a person who refuses such a request may be excluded from
entry to the major event venue or facility or part of the major event venue or facility
concerned.Clause 46 provides that an authorised officer may direct a person to leave a part of a
major event venue or facility if the person is not authorised by a ticket or permit to
be in that part of the major event venue or facility or the officer believes on
reasonable grounds that:
(a) the person is contravening or has contravened any provision of the proposed
Act or the regulations or is committing or has committed any other offence at
the major event venue or facility, or
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(b) the person is failing or has failed to comply with a notice or direction referred
to in proposed section 43 (Crowd management), or
(c) the person is failing or has failed to comply with a request:(i) to open any bag, container or other thing in the person’s possession in
order that its contents may be inspected, and
(ii) to permit any thing in the person’s possession, and the contents of any
such thing, to be inspected, or
(d) the person is causing a significant disruption or inconvenience or behaving in
an offensive manner or in a manner likely to endanger the person or another
person, or
(e) the person is about to contravene a provision of the proposed Act or commit
any other offence at a major event venue or facility.The proposed section makes it an offence to fail to comply with such a direction. A
person who fails to comply may be removed from the major event venue or facility
by an authorised officer. Reasonable force may be used to effect the person’s
removal.Clause 47 makes it an offence for a person to enter or remain on a playing field or
other competition area within a sportsground that is a major event venue or facility
unless the person:
(a) is a participant in a sport or event held with the authorisation of the responsible
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
responsible authority to enter the playing field or other competition area.Clause 48 provides that a responsible authority for a major event may ban a person
from entering any major event venue or facility (or part of a major event venue or
facility) for such period (not exceeding 6 months) as the responsible authority
determines if the responsible authority is of the opinion that a person has contravened
a provision of the proposed Act or any regulations made under it.Clause 49 provides that the responsible authority may take a photograph or make
another form of image of a person who is removed from a major event venue or
facility under the proposed Act.Division 6 Environmental Planning and Assessment Act
1979
Clause 50 states that the proposed Division is to be construed as if it formed part of
the Environmental Planning and Assessment Act 1979.Clause 51 allows a person to do anything on land, despite the terms of an
environmental planning instrument, development consent or approval under Part 3A
of the Environmental Planning and Assessment Act 1979 applying to the land, if
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authorised by or under the proposed Act or a policy, strategy or plan prepared under
the proposed Act.Division 7 Local Government Act 1993
Clause 52 states that the proposed Division is to be construed as if it formed part of
the Local Government Act 1993.Clause 53 allows a person to do anything on land, despite the terms of an approval
under the Local Government Act 1993 applying to the land, if authorised by or under
the proposed Act or a policy, strategy or plan prepared under the proposed Act.Clause 54 enables community land to be used, with the approval of the relevant local
council, for a major event or temporary major event venue or facility despite the
provisions of the Local Government Act 1993 or the terms of any instrument under
that Act, including a plan of management, applying to the land.Clause 55 facilitates, during a major event period, the exercise of functions by an
authorised employee of a local council on behalf of another local council.Division 8 Protection of the Environment Operations Act
1997
Clause 56 states that the proposed Division is to be construed as if it formed part of
the Protection of the Environment Operations Act 1997.Clause 57 will enable a responsible authority for a major event, after consulting with
the Environment Protection Authority, to declare that a person may carry out
activities associated with the major event on such days during the major event period
and during such hours as are specified in the declaration. Such a declaration has
effect despite the terms of any other Act or statutory instrument, any approval or
other authorisation given under any other Act or statutory instrument, or any
restriction affecting the land specified in the declaration.Clause 58 provides that the responsible authority for a major event is in relation to
the emission of noise to be the appropriate regulatory authority for the purposes of
the Protection of the Environment Operations Act 1997 in relation to the activities to
which a declaration under proposed section 57 applies and the premises on which
those activities are carried out. Proceedings under that Act relating to the emission of
noise cannot be taken in respect of anything done under the authority of a declaration.Division 9 Miscellaneous
Clause 59 makes it an offence for a person to operate a car park during a major event
period within 5 kilometres of any major event venue or facility if its operation is
unlawful under the Environmental Planning and Assessment Act 1979.Clause 60 enables regulations to specifically authorise certain activities undertaken
under the proposed Act for the purposes of section 51 of the Trade Practices Act
1974 of the Commonwealth and of the Competition Code of New South Wales.Section 51 of that Act and of that Code empowers the making of such authorisations
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by State legislation, with the result that the authorised matters will be disregarded in
deciding whether a person has contravened Part IV of that Act and that Code. Part IV
of that Act deals with restrictive trade practices.Clause 61 provides that anything done pursuant to the proposed Act and the
regulations does not constitute a nuisance.Clause 62 provides that compensation is not payable by or on behalf of the State, an
authority of the State, a local council or an officer, employee or agent of the State, an
authority of the State or a local council, for an act or omission that is a major
event-related matter or that arises (directly or indirectly) from a major event-related
matter (being the holding of any major event, the administration or purported
administration of the proposed Act or the exercise or purported exercise of functions
under the proposed Act).Clause 63 provides that the responsible authority for a major event may bring
proceedings in the Supreme Court for an order to remedy or restrain a contravention
(or a threatened or an apprehended contravention) of the proposed Act or certain
agreements, or classes of agreements, prescribed by the regulations.Part 5 Miscellaneous
Clause 64 provides for the way in which proceedings for offences against a
provision of the proposed Act are to be dealt with.Clause 65 provides that the operation of the proposed Act is not to be regarded as a
breach of contract or confidence or otherwise as a civil wrong or giving rise to any
remedy under any contract or other instrument.Clause 66 protects certain specified persons from personal liability in respect of acts
done in good faith for the purpose of executing the proposed Act.Clause 67 provides that the Minister may delegate certain of the Minister’s functions
conferred or imposed by or under the proposed Act to specified authorised persons.Clause 68 provides that a responsible authority may delegate certain of the
responsible authority’s functions conferred or imposed by or under the proposed Act
to specified authorised persons.Clause 69 provides for the recovery of money due to a responsible authority under
the proposed Act.Clause 70 provides that a responsible authority is to issue identification cards to
authorised officers (other than police officers) carrying out functions under the
proposed Act.Clause 71 ensures that provisions of the proposed Act that are to be construed as if
they formed part of another Act or statutory instrument may be enforced in
accordance with the enforcement provisions of that other Act or statutory instrument.Clause 72 enables the Governor to make regulations for the purposes of the
proposed Act, including for or with respect to the following:
(a) the fees and charges that may be imposed for the purposes of the proposed Act,
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(b) regulating the use by the public of, and the conduct of the public in or on,
major event venues and facilities,
(c) regulating, restricting or prohibiting the bringing of liquor into, or
consumption of liquor within, a major event venue or facility during a major
event period,
(d) regulating the provision of services by responsible authorities,
(e) requiring the payment of fares or other charges for the use of any facility
operated or service provided by a responsible authority or a government
agency for the purposes of the proposed Act.Clause 73 enables penalty notices to be issued for prescribed offences against the
proposed Act or the regulations.Clause 74 deals with the commission of offences under the proposed Act by
corporations.Clause 75 provides for the review of the proposed Act in 5 years.
Schedule 1 Constitution and procedure of board
governed major event authorities
Schedule 1 contains provisions relating to the constitution and procedure of board
governed major event authorities.Schedule 2 Dissolutions, amalgamations and
changes of name or nature of
governance of major event authorities
Schedule 2 contains provisions dealing with dissolutions, amalgamations and
changes of name or nature of governance of major event authorities.Schedule 3 Savings, transitional and other
provisions
Schedule 3 contains savings, transitional and other provisions consequent on the
enactment of the proposed Act.Schedule 4 Amendment of Sporting Venues
(Invasions) Act 2003 No 44
Schedule 4 [2] substitutes section 7 of the Sporting Venues (Invasions) Act 2003.Section 7 currently provides that a person who is banned under certain other
legislation from entering a sporting venue as a result of a contravention of a law at a
Rugby World Cup match is also banned from entering all Rugby World Cup matches
in the State.
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The substituted section extends that ban to sporting venues that are major event
venues for a major event (within the meaning of the proposed Act) that is a sporting
competition. The effect of the substituted section is that a person who is banned under
certain specified provisions from entering a major event venue as a result of a
contravention of a law at a major event match is (while so banned) also banned from
entering any other venue of that major event on any day that a major event match is
held there.Schedule 4 [1] makes a consequential amendment.
Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.