New South Wales: Major Events Act 2009 (NSW)

Major Events Act 2009 No 73 An Act to facilitate the holding and conduct of major events in New South Wales; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Major Events Act 2009. 2 Commencement This Act commences on the date of assent to this Act. 3 Objects of Act The objects of this Act are as follows— (a) to attract, support and facilitate the holding and conduct of major events in New South Wales, in particular, events that are anticipated to have a significant number of participants or spectators (whether of a sporting, cultural or other nature), (b) to increase the benefits flowing from major events to the people of New South Wales, (c) to promote the safety and enjoyment of participants and spectators at major events, (d) to prevent unauthorised commercial exploitation of major events at the expense of event organisers and sponsors, (e) to enable authorities that are to manage, co-ordinate or regulate major events to be established or designated by regulation, (f) to make provision for the following matters in relation to major events— (i) traffic control and the co-ordination of transport and parking, (ii) the regulation of commercial exploitation of the events, including the prevention of ambush marketing and unauthorised use of official titles and insignia, (iii) safety and crowd management, (g) to ensure that government agencies are authorised to facilitate and support the holding and conduct of major events. 4 Definitions (1) In this Act— authorised officer, for a major event, means a person authorised under section 69A to be an authorised officer for the major event. board governed authority means a major event authority that is declared by a regulation under section 8 (2) (b) to be an authority governed by a board. chief executive means a chief executive of a major event authority appointed under section 11. chief executive governed authority means a major event authority that is declared by a regulation to be an authority governed by a chief executive. 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 Public Service agency, or (d) a local council, or (e) a State owned corporation, but does not include the NSW Police Force. major event means an event that is declared under Part 2 to be a major event. major event area, for a major event, means an area declared under section 4B to be a major event area for the major event. major event authority means a major event authority constituted under Part 3. major event period—see section 5A(1)(a). Ministerial order means an order made by the Minister under section 5A. promoter, for a major event, means the person specified in a Ministerial order as the promoter for the major event. public place means a public place within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002, and includes a school within the meaning of that Act. responsible authority, in relation to a major event, means the person or body designated as the responsible authority for the major event under Part 2. road and transport plan means a plan prepared by a responsible authority for a major event that sets out policies and procedures to be followed in relation to the provision of integrated road and transport services in relation to the major event. TfNSW means Transport for NSW constituted under the Transport Administration Act 1988. the State includes the Crown in right of the State and the Government of the State. traffic includes vehicular traffic, pedestrian traffic, cyclist traffic, traffic in or on the water and all other kinds of traffic. transport area means a transport area declared under Division 3 of Part 4. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) (Repealed) (3) Notes included in this Act do not form part of this Act. 4A Act does not apply to motor race conducted under Motor Sports Events Act 2022 This Act does not apply to a motor race within the meaning of the Motor Sports Events Act 2022. 4B Declaration of major event area (1) The Minister may, by order published in the Gazette, declare an area to be the major event area for a major event. (2) The Minister must not make an order for the purposes of subsection (1) unless the Minister considers that the whole of the proposed major event area is necessary to enable the conduct of the major event. 4C Cancellation or variation of order by Premier (1) The Premier may cancel or vary an order of the Minister for a major event, including a Ministerial order, by giving written notice to the promoter for the event. (2) The Premier may take action under this section only if— (a) both of the following apply— (i) taking the action is on the advice of a relevant person, (ii) the Premier is reasonably satisfied taking the action is necessary because of a significant risk of harm to persons from a natural or other threat, or (b) the Premier is reasonably satisfied taking the action is otherwise necessary in the public interest. (3) The Premier is not required to consult with the promoter before taking action under this section. (4) In this section— relevant person means— (a) the Commissioner of Police, or (b) the Commissioner of Fire and Rescue NSW, or (c) the Commissioner of the NSW Rural Fire Service, or (d) the Commissioner of the State Emergency Service, or (e) the Chief Health Officer. vary includes impose conditions or restrictions. Part 2 Major events 5 Declaration of major event (1) The regulations may declare an event to be a major event. (2) The Minister may recommend the making of a regulation under subsection (1) only if the Minister is of the opinion that— (a) it is in the public interest to make the regulation, and (b) the event in respect of which the regulation is to be made is a major event at an international, national or State level. (3) Without limiting any other matters the Minister may consider, the Minister may have regard to the following matters before determining whether to recommend the making of a regulation under subsection (1)— (a) the potential size of the event, (b) the likely number of spectators for the event, (c) the possible media coverage of the event, (d) the possible economic impact of the event, (e) the potential contribution to New South Wales's international profile as a host of major events, (f) the commercial arrangements for the event, if known, (g) the views of the event organiser, including the organiser's event management experience and expertise, (h) possible factors affecting the operational organisation of the event, such as the following— (i) preparation of road and transport plans, (ii) the need for emergency management plans, (iii) the need for security plans and consultation with police and emergency services, (i) if known, the views of local councils directly affected by the event in relation to the arrangements made or to be made for the event, (j) the possible need for consultation and agreements to be made between the event organiser and affected local councils in relation to the event, including any agreements about the restoration of event venues and facilities, (k) whether the event is a foundation event. (4) A regulation under subsection (1) must describe the event. (5) A regulation made under this section may be amended by another regulation. (6) The regulations may not declare an industrial or political demonstration or protest to be a major event. (7) For subsection (3)(k), a foundation event is an event— (a) the Minister for Jobs and Tourism has determined to be significant, and (b) held annually, biennially or otherwise on a recurring basis, and (c) for which the State provides significant investment. 5A Minister may specify certain matters (1) The Minister may, by order published in the Gazette, specify the following for a major event— (a) the period (the major event period) for which the declaration of the major event is in force, (b) the provisions of Part 4 that apply in relation to the major event and the period for which the provisions apply, (c) the person who is the promoter of the major event, (d) an area as a controlled area under section 37(1), (e) a sales control period for section 37, (f) prescribed articles for section 37, (g) a site as an advertising controlled site under section 39(1), (h) airspace as advertising controlled airspace under section 40(1), (i) a period as a parking control period for section 59, (j) a thing to be a prohibited thing for section 43(7), definition of prohibited thing. (2) To avoid doubt, a Ministerial order may provide that the responsible authority for a major event is the promoter of the major event. (3) A Ministerial order takes effect on— (a) the day the order is published in the Gazette, or (b) a later day specified in the order. 6 Designation of responsible authority A regulation made under section 5 (1) must designate one of the following as the responsible authority for the major event— (a) a major event authority or other government agency, (b) a public official (within the meaning of the Public Interest Disclosures Act 2022). 7 Appointment of advisory committees (1) The responsible authority for a major event may appoint such advisory committees as the responsible authority considers appropriate for the purposes of advising the responsible authority for the purposes of this Act. (2) An advisory committee has such functions as the responsible authority may from time to time determine in writing in respect of it. (3) An advisory committee consists of such committee members appointed by the responsible authority as the responsible authority thinks fit. (4) An advisory committee member holds office for such period as is specified in the instrument of appointment of the committee member, but any such appointment may be terminated by the responsible authority at any time. (5) One of the advisory committee members, in and by the instrument by which the committee member is appointed or another instrument made by the responsible authority, is to be appointed as chairperson of the committee. (6) An advisory committee member is entitled to be paid such fees and allowances (if any) as the Minister may determine, from time to time, in respect of the committee member. (7) Subject to the regulations and any directions of the responsible authority, the procedure of an advisory committee appointed under this section is to be as determined by the advisory committee. (8) The responsible authority may dissolve an advisory committee appointed under this section. Part 3 Major event authorities 8 Constitution of major event authorities (1) The regulations may establish a corporation and constitute the corporation as a major event authority for the purposes of a specified major event. (2) Such a regulation must— (a) specify a corporate name for the major event authority, and (b) declare whether the authority is a chief executive governed authority or a board governed authority, and (c) set out the functions of the authority in relation to the major event. (3) A major event authority is a NSW Government agency. 9 Management of authorities (1) The affairs of a major event authority are to be managed and controlled by— (a) if the authority is a chief executive governed authority—the chief executive of the authority, or (b) if the authority is a board governed authority—the chief executive, subject to and in accordance with any directions given to the chief executive by the board of the authority. (2) A major event authority is subject to the control and direction of the Minister in the exercise of its functions. 10 Major event authority boards (1) There is constituted a major event authority board for each board governed authority. (2) A major event authority board is to be called the "[name of board governed authority] Board". (3) The members of a board of a major event authority are to be appointed by the Minister. (4) The regulations are to determine the number of the members of the board of a major event authority and the qualifications (if any) those members must have. (5) Schedule 1 contains provisions relating to board governed authorities. 11 Chief executives of major event authorities (1) The chief executive of a major event authority is the person employed in the Public Service as the chief executive of that authority. (2) If the major event authority is a board governed authority, the chief executive may be represented at any meeting of the board by a person nominated for the time being by the chief executive. In representing the chief executive, the person nominated has and may exercise the same functions as the chief executive has at such a meeting (including voting rights), and is taken to be the chief executive. (3) If the major event authority is a chief executive governed authority, except when making a recommendation to the Minister, the chief executive is, in the exercise of his or her functions, subject to the control and direction of the Minister. (4) Any act, matter or thing done in the name of, or on behalf of, the major event authority by the chief executive of that major event authority is taken to have been done by the major event authority. (5) (Repealed) 12 Dissolution, amalgamation and change of name and governance of major event authorities (1) The regulations may— (a) dissolve a major event authority, or (b) change the name of a major event authority, or (c) change the nature of governance of a major event authority— (i) from board governed to chief executive governed, or (ii) from chief executive governed to board governed, or (d) amalgamate 2 or more major event authorities. (2) Schedule 2 contains provisions relating to dissolutions, changes and amalgamations made under this section. (3) A regulation under subsection (1) (d) that amalgamates 2 or more major event authorities must declare whether the amalgamated authority is a chief executive governed authority or a board governed authority. (4) A regulation under this section may contain provisions, not inconsistent with the provisions of or made under Schedule 2, of a savings and transitional nature consequent on the making of the regulation. Part 4 Facilitation of major events Division 1 Application of Part 13 Provisions of part apply only if regulations or Ministerial order provide (1) A provision of this part, other than section 38, does not apply in relation to a major event unless a Ministerial order declares that the provision applies. (2) Section 38 does not apply in relation to a major event unless a regulation declares that the section applies. (3) A provision of this part applies only— (a) during the major event, or (b) for section 38—during a shorter period prescribed by the regulations in relation to the section, or (c) for another provision of this part—during a shorter period specified in the Ministerial order in relation to the provision. Division 2 Co-ordination and co-operation of government agencies 13A Responsible authority may consult with government agencies The responsible authority for a major event may consult with government agencies to facilitate and support the holding and conduct of the major event. 14 Obligations of government agencies A government agency has the following obligations in respect of a major event— (a) to co-operate with the responsible authority for the major event in the exercise of the responsible authority's functions, including complying with any reasonable request of the responsible authority for information to enable the responsible authority to exercise its functions, (b) to comply with the responsible authority's road and transport plan for the major event in respect of which it has received notification by the responsible authority, (c) to provide resources and assistance in accordance with any request of the responsible authority that is authorised by or under this Act, (d) to notify the responsible authority of any proposed exercise of the agency's functions that may impact adversely on the exercise of the responsible 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 a responsible authority made or given under this Act, and (b) authorised and empowered to enter into agreements for the purposes of this Act with a responsible authority and may do or suffer anything necessary or expedient for carrying any such agreement into effect. 16 Minister may direct government agencies to co-operate (1) The Minister may, by notice in writing given to a prescribed government agency, direct the agency to comply with a request, direction or decision of a responsible authority for a major event made or given under this Act. (2) In this section, prescribed government agency means a government agency prescribed by the regulations for the purposes of this section. 17 SES, RFS and others may assist in the provision of government services for major events (1) The State Emergency Service, the NSW Rural Fire Service and any other person or body prescribed by the regulations for the purposes of this section have the function of assisting the responsible authority in the delivery of services for the major event concerned, including (but not limited to) the following— (a) crowd management services and access control services for venues or facilities, (b) traffic or pedestrian control. (2) The functions referred to in subsection (1) are in addition to any functions conferred or imposed on the State Emergency Service, the NSW Rural Fire Service or other person or body by or under any other Act or law. (3) Nothing in this section requires the State Emergency Service or the NSW Rural Fire Service, or any member of those Services, to undertake any task or activity without the consent of the Commissioner of the State Emergency Service or the Commissioner of the NSW Rural Fire Service (as the case may be). (4) The Security Industry Act 1997 does not apply to or in respect of any person who is carrying out functions under this section. 18 Dispute resolution (1) If there is a dispute between the responsible authority for a major event 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 responsible authority and the Minister responsible for the government agency concerned). (2) If the same Minister is responsible for both the responsible 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 responsible authority and the government agency concerned are to give effect to any decision of the responsible Ministers, 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 local council, a reference to the Minister administering the Local Government Act 1993. Division 3 Management of roads and traffic Subdivision 1 Transport areas 19 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 major 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 the Commissioner of Police and any government agency that has any of the functions referred to in section 20 (1) in the transport area concerned. (4) An order under this section takes effect on the day the order is published in the Gazette or on a later day specified in the order. (5) An order under this section remains in force for the period specified in the order. 20 Government agencies to comply with responsible authority's directions (1) A responsible authority for a major event 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. Subdivision 2 Road transport legislation 21 Definitions—Subdivision 2 (1) In this Subdivision— major event lane—see section 24 (3). private road means an area that is not open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles. road has the same meaning as in the Road Rules 2014. road transport legislation has the same meaning as in the Road Transport Act 2013. (2) Words and expressions used in this Subdivision that are defined in the road transport legislation have the same meanings as in that legislation. 22 Relationship with road transport legislation (1) This Subdivision is to be construed with, and as if it formed part of, the road transport legislation. (2) However, unless otherwise specified, in this Subdivision— (a) references to provisions are references to provisions of this Act, and (b) references to this Act are references to the Major Events Act 2009. (3) In the event of an inconsistency between this Subdivision and the road transport legislation, this Subdivision prevails to the extent of the inconsistency. (4) The provisions of this Subdivision and sections 62 and 62A have effect despite section 14 of the Road Transport Act 2013. (5) For the avoidance of doubt, Part 15 of the Law Enforcement (Powers and Responsibilities) Act 2002 does not apply to the exercise of a power that is conferred by this Subdivision. 23 Major event lane signs (1) A sign that is a reasonable likeness (within the meaning of rule 316 (4) of the Road Rules 2014) of the diagram prescribed by the statutory rules under the Road Transport Act 2013 as a major event lane sign is a major event lane sign for the purposes of this Subdivision. (2) A sign that is a reasonable likeness (within the meaning of rule 316 (4) of the Road Rules 2014) of the diagram prescribed by the statutory rules under the Road Transport Act 2013 as an end major event lane sign is an end major event lane sign for the purposes of this Subdivision. (3) A sign to which this section applies is a prescribed traffic control device for the purposes of Part 5.3 of the Road Transport Act 2013. 24 Use of lanes (1) A driver must not drive, during a major event period, in a major event lane unless— (a) the driver is driving— (i) a vehicle that displays, in accordance with instructions given by the responsible authority, a permit issued by the responsible authority for the major event to drive the vehicle in the major event 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 major event lane in the same circumstances as a driver is permitted to drive in a transit lane under rule 158 of the Road Rules 2014. Maximum penalty—20 penalty units. (2) A person may ride a bicycle in a major event lane. (3) A major event lane is a marked lane, or part of a marked lane— (a) beginning at a major event lane sign, and (b) ending at an end major event lane sign. (4) In this section— public bus means a bus within the meaning of the Passenger Transport Act 2014. taxi has the same meaning as in the Point to Point Transport (Taxis and Hire Vehicles) Act 2016. 25 Major event lane permits (1) The responsible authority for a major event may issue a permit to a person to authorise the person to drive a vehicle (or be driven in a vehicle) in a major event lane (a major event lane permit). (2) A police officer may direct the person in charge of a vehicle that is displaying a major event lane permit (or a document that purports to be such a permit) in a major event lane to remove the permit or document from the vehicle and give it to the officer. (3) A police officer to whom such a permit or document is given may do any one or more of the following— (a) inspect the permit or document, (b) request the person purporting to be the holder of the permit to identify himself or herself, (c) request and inspect the identification of that person for the purpose of confirming that person's identity, (d) if the officer has reasonable grounds to suspect that— (i) a permit given to the officer is not being used by the holder of the permit, or (ii) a document purporting to be a permit is not a permit, confiscate the permit or document. (4) A person to whom a direction is given under subsection (2) must immediately comply with that direction. Maximum penalty—20 penalty units. 26 Road closures—integrated road and transport services (1) This section applies to roads within transport areas. (2) TfNSW may, at the direction of the responsible authority for a major event, close a road for any length of time during the major event period for the purpose of providing integrated road and transport services for the major event. (3) A road cannot be closed under this section unless TfNSW has, not less than 3 days before the proposed closure, given public notice of the proposed closure by a notice published on the website of TfNSW. 27 Road closures—major events (1) This section applies to roads whether or not the roads are within a transport area. (2) The responsible authority for a major event may prepare a traffic management plan, or plans, for all roads on which activities associated with a major event are to be conducted. (3) The responsible 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 TfNSW and does not have effect unless and until TfNSW has consented in writing to the plan. (7) The consent of TfNSW 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 TfNSW 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 the preparation of a traffic management plan. (9) A road cannot be closed under this section unless TfNSW has, not less than 3 days before the proposed closure, given public notice of the proposed closure by a notice published on the website of TfNSW. 28 Road closures—short periods (1) This section applies to roads whether or not the roads are within a transport area. (2) TfNSW may, at the direction of the responsible authority for a major event, close a road for a period not exceeding 7 days during the relevant major event period for any of the following purposes— (a) facilitating the conduct of the major event, (b) controlling and regulating traffic within or near a major event area, (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. 29 Road closure to be for shortest possible period It is the duty of TfNSW and the responsible authority for a major event to ensure that a road is not closed under this Subdivision for a period longer than is necessary to serve the purpose for which the road is closed. 30 Offences relating to road closures (1) If, under this Subdivision, 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 officer. Maximum penalty—30 penalty units. (2) If, under this Subdivision, 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 officer that the road is closed and directed by an authorised 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—30 penalty units. (3) If, under this Subdivision, 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, without reasonable excuse, enter the road contrary to the sign or by removing, interfering with or going beyond the barrier, except as permitted by an authorised officer. Maximum penalty—30 penalty units. (4) If, under this Subdivision, 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 officer that the road is closed and directed by an authorised officer to leave the road must leave the road as soon as practicable after the direction is given. Maximum penalty—30 penalty units. (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 Subdivision, except as permitted by an authorised officer. Maximum penalty—30 penalty units. (6) In this section— authorised officer means— (a) a person who has received, for the purposes of this section, written authorisation from TfNSW or the responsible authority for the major event, or (b) a police officer. 31 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 Subdivision or any other Act. 32 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 responsible authority for a major event may declare that, for the whole or any specified part of the major event period, section 143 of the Road Transport Act 2013 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 major event lane, (b) a road that has been closed under this Subdivision, (c) a specified parking space, (d) a road notified by the Minister by order published in the Gazette as a major event route, (e) a road or area designated by signs erected by the responsible authority or TfNSW as a tow-away area or Special Event Clearway. 33 Removal of unattended motor vehicles—breach of parking restrictions The responsible authority for a major event may declare that, for the whole or any specified part of a major event period, section 143 of the Road Transport Act 2013 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. 34 Declarations under sections 32 and 33 A declaration under section 32 (Removal of unattended motor vehicles—generally) or 33 (Removal of unattended motor vehicles—breach of parking restrictions) is to be published on the website of TfNSW 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. 35 Removal of unattended motor vehicles—emergencies (1) At any time during a major event period, the responsible authority for the major event may— (a) request a police officer, or (b) direct another appropriate officer, to remove an unattended motor vehicle or trailer from a road within a transport area if the responsible authority is of the opinion that it is necessary to do so. (2) The provisions of section 143 (2)–(8) of the Road Transport Act 2013 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— appropriate officer has the same meaning as in section 143 of the Road Transport Act 2013. 36 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 Subdivision. Division 4 Commercial and airspace controls 37 Control of sale and distribution of articles in certain public places (1) For the purposes of this section, a Ministerial order may prescribe an area as a controlled area for a major event. (1A) A controlled area must be— (a) the area comprising or comprising and adjacent to— (i) a transport facility or interchange, or (ii) a major event area, or (b) a public place within 100m of— (i) a transport facility or interchange, or (ii) a major event area. (2) A person must not sell or distribute a prescribed article during the sales control period in a controlled area without the approval of the responsible authority. Maximum penalty—50 penalty units. (3) An authorised officer may give a direction to a person who sells or distributes any prescribed article during the sales control period in a controlled area without the approval of the responsible 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. (4) A person must not fail or refuse to comply with a direction given to the person by an authorised officer under subsection (3). Maximum penalty—50 penalty units. (5) If a person fails or refuses to comply with a direction given under subsection (3) for the removal of a prescribed article, the article is forfeited to the Crown and may be seized by an authorised officer. (6) A person whose article is forfeited to the Crown under this section may appeal against the forfeiture to the Local Court within 21 days after the forfeiture. (7) The 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. (8) The regulations may also 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 (7). (9) In this section— prescribed article means an article of a class specified by a Ministerial order as being a prescribed article for the purposes of this section. sales control period means the period specified by a Ministerial order 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, (i) cause or permit anything referred to above, and includes to sell from a standing vehicle or any article. (10) A regulation for the purposes of the definition of sales control period in subsection (9) that extends a sales control period may be made before or during that period. 38 Control of airspace (1) In this section— CASA means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988 of the Commonwealth. Commonwealth Air Navigation Regulations means the Air Navigation Regulations 1947 of the Commonwealth. Commonwealth Airspace Regulations means the Airspace Regulations 2007 of the Commonwealth. controlled airspace means airspace that CASA has determined under the Commonwealth Airspace Regulations to be a control area or control zone. restricted area means airspace that CASA has declared under the Commonwealth Airspace Regulations to be a restricted area. State air navigation means air navigation within New South Wales to and in relation to which the Commonwealth Air Navigation Regulations are applied as if they were State law by section 4 of the Air Navigation Act 1938. (2) A person must not, during a major event and in the course of State air navigation, cause an aircraft to enter, or operate an aircraft within, controlled airspace or a restricted area that is over a major event area unless permitted to do so by or under relevant Commonwealth law (including permission by or under an instrument given under such a law). Maximum penalty—2,000 penalty units. (3) The provisions of this section prevail to the extent of any inconsistency between this section and the provisions of the Commonwealth Air Navigation Regulations (as applied to and in relation to State air navigation by the Air Navigation Act 1938). (4) This section does not apply to the operation of— (a) a military aircraft, or an aircraft of the NSW Police Force, when being operated for military, security or emergency purposes, or (b) an aircraft when being operated exclusively for emergency purposes relating to human life or safety, or the protection of property. 39 Prohibition of certain advertising on buildings and structures (1) For the purposes of this section, a Ministerial order may prescribe a site as an advertising controlled site for a major event. (2) An advertising controlled site must be— (a) in a major event area for the major event, or (b) in an area within 500m of a major event area for the major event. (3) Notice of the advertising controlled site must be published in a way the Minister considers appropriate to bring the notice to the attention of persons who may be affected by the prescription of the site as an advertising controlled site. (4) Except as authorised or permitted by the responsible authority for the major event, a person who is the owner or occupier or the holder of a lease or licence relating to a building or structure that is (or is part of) an advertising controlled site must not, while the land is an advertising controlled site— (a) cause or permit any advertising material to be fixed to or placed on the building or structure, or (b) fail to ensure that any advertising material already fixed to or placed on a building or structure is covered, obliterated or removed. Maximum penalty— (a) in the case of an individual—250 penalty units, or (b) in the case of a corporation—500 penalty units. (5) A person authorised by the responsible authority for the major event for the purposes of this subsection may cover, obliterate or remove any advertising material that is on a building or structure in contravention of subsection (4). (6) A person authorised under subsection (5) may enter— (a) an advertising controlled site to undertake the covering, obliteration or removal referred to in that subsection, and (b) other adjacent premises, if necessary to undertake that covering, obliteration or removal. (7) A person is not entitled under this section to enter a part of premises used only for residential purposes, except with the consent of the occupier of the part. (8) In exercising functions under subsections (5) and (6), the person must— (a) cause as little damage as possible, and (b) produce to any person apparently in charge of the premises who requests its production the person's authorisation under that subsection. (9) It is a defence to a prosecution for an offence against subsection (4) that relates to an area to which subsection 2(b) applies, if the defendant establishes that the advertising material concerned— (a) was fixed to or placed on the building or structure before the area was specified as an advertising controlled site, and (b) was so fixed or placed by a person as part of the person's ordinary activities and not in anticipation of the major event concerned, and (c) does not contain any statement, or make any inference, that the advertiser is a sponsor or supporter of, or is in any way connected with, the major event concerned. (10) For the avoidance of doubt, the functions under subsections (5) and (6) may be exercised in relation to advertising material even if a person is able to establish the defence under subsection (9) in relation to that material. (11) This section does not apply to the following advertising material— (a) any advertising material— (i) that has an area of not more than one square metre, or (ii) comprising a series of related advertisements that together have an area of not more than one square metre, (b) any advertising material that is exempted from this section by a Ministerial order. 39A Prohibition of certain advertising on digital billboard vehicles (1) This section applies if a site is an advertising controlled site under section 39. (2) A person who is the owner or operator of a digital billboard vehicle must not use the digital billboard vehicle, or allow the digital billboard vehicle to be used, within the advertising controlled site for the purposes of advertising unless permitted or authorised by the responsible authority for the major event. Maximum penalty— (a) for an individual—250 penalty units, or (b) otherwise—500 penalty units. (3) In this section— digital billboard vehicle means a vehicle equipped with LED screens. vehicle has the same meaning as in the Road Rules 2014. Note— Under the Road Rules 2014, a vehicle includes a motor vehicle, a trailer and a bicycle. 40 Prohibition of certain aerial advertising (1) For the purposes of this section, a Ministerial order may prescribe airspace as advertising controlled airspace for a major event. (1A) The advertising controlled airspace must be within the line of sight of a major event area for the major event. (2) A person must not display an advertisement, or cause an advertisement to be displayed, in advertising controlled airspace, except with the approval of the responsible authority for the major event concerned. Maximum penalty—2,000 penalty units. (3) An application for the approval of the responsible authority under this section may be made in such form and manner as is determined by the responsible authority. (4) The responsible authority may determine an application by granting the application, unconditionally or subject to conditions, or by refusing the application. (5) For the purposes of this section, the responsible authority may grant approval to a person, or to classes or descriptions of persons, only if in its opinion the display of the advertisement will not adversely affect the organisation or conduct of the major event. (6) The determination of the responsible authority with respect to an application for approval is final. (7) For the purposes of this section— advertisement includes advertising by any of the following methods— (a) skywriting or signwriting by an aircraft, (b) a banner, or other sign, towed by or attached to an aircraft, (c) matter displayed on an aircraft, other than its normal markings and livery, (d) matter displayed on a hang glider, parachute, paraglider or similar device, other than its normal markings, or on a banner or sign attached to a hang glider, parachute, paraglider or similar device, (e) a banner, or other sign, attached to a person suspended from a hang glider, parachute, paraglider or similar device. aircraft includes an airship, balloon or drone or other unmanned aerial vehicle. 41 Commercial and other activities (1) A person must not do any of the following within a major event area, except as authorised by the responsible authority— (a) provide, or offer to provide, any services for fee, gain or reward, (b) sell or attempt to sell a ticket for admission to a major event area, (c) use any audio, loudspeaker or broadcasting equipment or camera (whether photographic, cinematic or video) for a commercial purpose, (d) damage, destroy or remove any building, structure or equipment, (e) leave any rubbish or litter, except in a receptacle provided for the purpose, (f) collect or attempt to collect money from members of the public, (f1) undertake charitable activities, including collecting money for a charitable purpose, (g) busk, (h) conduct, or participate in, any game or other activity in a manner that unduly interferes with the amenity of the area, (i) operate or use any radio, television, record-player, tape recorder, compact disc player, musical instrument or other sound-generating device in a manner that unduly interferes with the amenity of the area, (j) erect a tent or other temporary structure, (k) paint, erect or affix any decoration, sign or other equipment, (l) carry or discharge or have in the person's possession any firearm (within the meaning of the Firearms Act 1996) or prohibited weapon (within the meaning of the Weapons Prohibition Act 1998), unless— (i) the person is a police officer of the State or the Commonwealth, or (ii) the person is the holder of a licence under the Security Industry Act 1997, is carrying out functions authorised by the licence, and is the holder of the relevant licence or permit under the Firearms Act 1996 or the Weapons Prohibition Act 1998 (as the case requires), (m) anything else that is contrary to a condition of entry to the major event area that is displayed on a sign approved by the relevant authority and erected at the entry to, or within, the major event area. Maximum penalty—20 penalty units. (2) An authorisation under this section may be given to a person or a class of persons. 42 Use of official title and official insignia (1) A person must not use any official title, or official insignia, of a major event for a commercial purpose without the written consent of the responsible authority. Maximum penalty—200 penalty units. (2) A consent under this section— (a) may be given with or without conditions (including conditions requiring payment to the responsible authority or another person), and (b) may be revoked by the responsible authority for breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent. (3) In this section— official insignia means a logo, symbol or other design approved by the responsible authority and prescribed by the regulations for the purposes of this section. official title means the title of the major event approved by the responsible authority and prescribed by the regulations for the purposes of this section. Division 5 Safety and crowd management at major events 43 Crowd management (1) The responsible authority for a major event may do any one or more of the following— (a) limit the number of persons who may enter a major event area or any part of a major event area, (b) prohibit categories of persons from entering, or limit categories of persons who may enter, or limit the number of persons within categories of persons who may enter, a major event area or any part of a major event area, (c) close a major event area or any part of a major event area to the public, (d) charge admission to a major event area or any part of a major event area, (e) prohibit persons from entering a major event area or any part of a major event area— (i) if they are in possession of any prohibited thing, or (ii) if, in the opinion of a person authorised by the responsible authority, they are or appear to be intoxicated. (2) The responsible authority for a major event may do any one or more of the following— (a) prohibit the entry of vehicles or vessels to a major event area or any part of a major event area, (b) regulate or otherwise control the entry of vehicles or vessels to a major event area or any part of a major event area, (c) refuse to admit a vehicle or vessel to a major event area or any part of a major event area. (3) The responsible authority may take any action referred to in subsection (1) or (2) by means of the erection of a sign or the giving of a direction to the person concerned. (4) A person must not do anything in wilful contravention of a sign erected or a direction given under this section. Maximum penalty—20 penalty units. (5) Nothing in this section limits any other function of the responsible authority under this Act. (6) This section does not prohibit a person with a disability (within the meaning of the Disability Discrimination Act 1992 of the Commonwealth) from being accompanied by an assistance animal (that is, an animal referred to in section 9 of that Act). (7) In this section, prohibited thing means the following— (a) an animal, (b) a distress signal, (c) dangerous goods (within the meaning of the Dangerous Goods (Road and Rail Transport) Act 2008), (d) a firearm, or ammunition, within the meaning of the Firearms Act 1996, (e) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998, (f) a firework, (g) any other thing specified by a Ministerial order for the purposes of this definition. 44 Personal conduct (1) A person must not do any of the following within a major event area— (a) use indecent, obscene 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 a major event area, or any part of a major event area, by the responsible authority or an authorised officer. Maximum penalty—10 penalty units. (2) (Repealed) 45 Request to undergo search as condition of entry to major event area (1) A person's entry to a major event area (or any part of a major event area) is subject to the condition that the person must comply with such of the following requests as may be made of the person— (a) a request by an authorised officer that the person undergo a search conducted by electronic means (such as by passing an electronic detection device over or in close proximity to the person or by the person passing through a detection device), (b) a request by an authorised officer that the person allow a search of articles in the person's possession and identify articles in the person's possession, (c) a request by an authorised officer that the person remove his or her overcoat, coat or jacket or similar article of clothing and any gloves, shoes and hat (or other headwear), and allow an examination of those items, (d) if the person enters in a vehicle or vessel—a request by an authorised officer that the person open the vehicle or vessel, or part of it, for inspection and allow the vehicle, vessel or part to be searched. Note— 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 area or part of the major event area concerned under subsection (2). (2) An authorised officer may exclude a person who refuses such a request from entry to the major event area or part of the major event area concerned. (3) Reasonable force may be used to effect the person's exclusion. (4) (Repealed) 46 Directions to leave (1) An authorised officer may require a person who is in any part of a major event area, or who is seeking entry to any part of a major event area, to produce a ticket or permit authorising the person to enter that part of the major event area. (2) An authorised officer may direct a person to leave a part of a major event area if the person is not authorised by a ticket or permit to be in that part of the major event area. (3) An authorised officer may request a person who is in any part of a major event area— (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. Note— A failure to comply with such a request is not an offence. However, a person who refuses such a request may be directed to leave the major event area or any part of the major event area concerned under subsection (4) (c). Failure to comply with such a direction is an offence under subsection (5). (3A) An authorised officer may do the following— (a) direct a person who is in control of a locker, storage area or other locked area in a major event area to open the locker, storage area or other locked area so that the contents of the locker, storage area or other locked area may be inspected, (b) if the person in control of a locker, storage area or other locked area in a major event area cannot be identified or located—open the locker, storage area or other locked area so the contents of the locker, storage area or other locked area may be inspected, (c) inspect a locker, storage area or other locked area in a major event area and the contents of the locker, storage area or other locked area. Example— a staff locker on premises in a major event area (4) An authorised officer may direct a person to leave a major event area or any part of a major event area if the officer believes on reasonable grounds that— (a) the person is contravening or has contravened any provision of this Act or the regulations or is committing or has committed any other offence within the major event area, or (b) the person is failing or has failed to comply with a notice or direction referred to in section 43 (Crowd management), or (c) the person is failing or has failed to comply with a request under subsection (3), 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 this Act or the regulations within the major event area. (5) A person must not fail to comply with a direction under this section. Maximum penalty—50 penalty units. (6) An authorised officer may remove from the major event area any person who fails to comply with a direction under this section. (7) Reasonable force may be used to effect the person's removal. (8) (Repealed) 47 Prohibition on entry to certain areas within major event area (1) A person must not enter or remain on a relevant area within a major event area unless the person— (a) is a participant in an event held with the authorisation of the responsible authority for the major event, or (b) is engaged in the control or management of the event or relevant area, or (c) is, or is a member of a class of persons that is, authorised by the responsible authority for the major event to enter the relevant area. (2) In this section— relevant area means— (a) a playing field or other competition area, or (b) a stage or other performance area, or (c) an area for which accreditation is required. 48 Responsible authority may ban persons for specified period (1) If a responsible authority for a major event is of the opinion that a person has contravened any provision of this Act or the regulations, the responsible authority may ban the person from entering any major event area (or part of a major event area) for such period (not exceeding 6 months) as the responsible authority determines. (2) A person who is banned from entering a major event area under this section must not enter the major event area while the ban is in force. Maximum penalty—50 penalty units. 49 Taking photographs etc of certain persons The responsible authority for a major event may take a photograph or video, or make another form of image, of a person who is removed from a major event area under this Act. Division 6 Environmental Planning and Assessment Act 1979 50 Exempt development under Environmental Planning and Assessment Act 1979 (1) A major event activity for the purposes of a major event is taken to be exempt development for the purposes of the Environmental Planning and Assessment Act 1979 if— (a) the responsible authority for the major event has obtained written approval from the Minister to carry out the major event activity for the purposes of the major event, and (b) the major event activity is carried out in accordance with the Minister's written approval. (2) In this section— major event activity means the following— (a) development within the meaning of the Environmental Planning and Assessment Act 1979, (b) an activity within the meaning of the Environmental Planning and Assessment Act 1979, (c) anything done under a declaration under section 57. 51 (Repealed) Division 7 Local Government Act 1993 52 Relationship with Local Government Act 1993 (1) This Division is to be construed with, and as if it formed part of, the Local Government Act 1993. (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 Major Events Act 2009. (3) In the event of an inconsistency between this Division and the Local Government Act 1993, this Division prevails to the extent of the inconsistency. 53 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 responsible authority for a major event 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 57. (3) A person does not breach the terms or conditions of an approval relating to— (a) the management of waste, being an approval under item 1, 2, 3 or 4 of Part C of the Table to section 68 of the Local Government Act 1993, or (b) the hours dur