New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 35

35 Requirements relating to threshold increase applications

(1) Except as provided by this section, a threshold increase application must be accompanied by a local impact assessment ( "LIA"). A LIA, if required, is to be a "class 1 LIA" or a "class 2 LIA" as determined by this section.

(2) When LIA is not required A threshold increase application is not required to be accompanied by a LIA if the application is made together with an application under section 19 for the Authority’s approval of the transfer of poker machine entitlements to the relevant venue and either or both of the following apply:

(a) the relevant venue is situated in a Band 1 LGA and the threshold increase application, if approved, would not result in the gaming machine threshold for the venue being increased, over any period of 12 months, by a number that is more than the number corresponding to a low-range increase for the venue,

(b) both the relevant venue and the hotel or club premises from which the poker machine entitlements are proposed to be transferred are situated in the same local government area.

(3) When class 1 LIA is required A threshold increase application must, unless subsection (2) applies in relation to the application, be accompanied by a class 1 LIA if the relevant venue:

(a) is situated in a Band 1 LGA and the application is for a mid-range increase in the gaming machine threshold for the venue, or

(b) is situated in a Band 2 LGA and the application is for a low-range increase in the gaming machine threshold for the venue.

(4) When class 2 LIA is required A threshold increase application must, unless subsection (2) applies in relation to the application, be accompanied by a class 2 LIA if the relevant venue:

(a) is situated in a Band 1 LGA and the application is for a high-range increase in the gaming machine threshold for the venue, or

(b) is situated in a Band 2 LGA and the application is for a mid-range or high-range increase in the gaming machine threshold for the venue, or

(c) is situated in a Band 3 LGA.

(5) For the purposes of this section, a "low-range increase", a "mid-range increase" or a "high-range increase" in a gaming machine threshold for a venue is to be determined in accordance with the regulations.

(6) The regulations may make provision for or with respect to the following:

(a) the information to be provided by a LIA,

(b) the requirements that must be complied with in relation to a LIA,

(c) the matters to be assessed or addressed by a LIA,

(d) the advertising of LIAs,

(e) the making of submissions in relation to LIAs.

(7) The regulations may also create exceptions to this section and provide for the conditions to which any such exception is subject.

(8) Except to the extent to which the regulations make provision, a LIA is to be provided in the form and manner approved by the Authority.