New South Wales: Sporting Venues Authorities Act 2008 (NSW)

Sporting Venues Authorities Act 2008 No 65 An Act to establish authorities to manage sporting venues for the State and specific regions of the State; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Sporting Venues Authorities Act 2008. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Definitions (1) In this Act— advisory committee means a committee established under section 21C and includes a membership advisory committee. assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents. authority's land means, in relation to a sporting venues authority, land vested in or managed by that authority. Board of Venues NSW means the Board of Venues NSW provided by section 15. Chief Executive Officer means the Chief Executive Officer of Venues NSW. controlled land means the lands described in Schedule 4A, Part 3. designated land means the land described in Schedule 4A, Part 2. function includes a power, authority or duty, and exercise a function includes perform a 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. liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable). membership advisory committee means a membership advisory committee established by section 21E. private corporation means a corporation within the meaning of the Corporations Act 2001 of the Commonwealth formed in or outside New South Wales. private subsidiary corporation means a private corporation in which a sporting venues authority has a controlling interest. ranger means a person appointed under section 37 to be a ranger. rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable). scheduled lands means the land described in Schedule 4A, Part 1. sporting venues authority means the State Sporting Venues Authority or Venues NSW. State Sporting Venues Authority means the State Sporting Venues Authority constituted under this Act. Venues NSW means Venues NSW constituted by this Act. Venues NSW's land means the land vested in or managed by Venues NSW and includes land described in Schedule 4A. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) Notes included in this Act do not form part of this Act. 3A Objects of Act The objects of this Act are as follows— (a) to enable the efficient and effective management and coordination of entertainment and sporting venues within the State on a commercial basis, (b) to attract and encourage the holding of major events at entertainment and sporting venues within the State, (c) to facilitate the development of precincts surrounding the entertainment and sporting venues that Venues NSW owns or operates, (d) to ensure a customer-focused approach is applied to the management of entertainment and sporting venues and surrounding lands so they remain accessible to, and meet the needs of, users of and visitors to the venues and the broader community, (e) to ensure the provision of entertainment and sporting venues fulfils community service obligations that may be determined by the Minister from time to time. Part 2 State Sporting Venues Authority Division 1 Constitution and administration of State Sporting Venues Authority 4 Constitution of State Sporting Venues Authority There is constituted by this Act a corporation with the corporate name of State Sporting Venues Authority. 5 Status of State Sporting Venues Authority The State Sporting Venues Authority is a NSW Government agency. 6 Ministerial control (1) The Minister is responsible for the day-to-day management of the affairs of the State Sporting Venues Authority. (2) Any act, matter or thing done in the name of, or on behalf of, the State Sporting Venues Authority by the Minister is taken to have been done by the Authority. 7 Delegation of State Sporting Venues Authority's functions (1) The State Sporting Venues 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 State Sporting Venues 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 staff of the State Sporting Venues Authority, or (b) a government agency or member of staff of a government agency. (c) (Repealed) 8 (Repealed) Division 2 Functions of State Sporting Venues Authority 9 Functions of State Sporting Venues Authority (1) The principal functions of the State Sporting Venues Authority are as follows— (a) to maintain and improve the authority's land, (b) to establish and manage sporting grounds, sporting facilities and recreational facilities (whether or not on the authority's land), (c) to establish and manage facilities for the purposes of sporting competitions, sports training and sports education (whether or not on the authority's land), (c1) to establish and manage community facilities and to establish and manage facilities for community and recreational purposes (whether or not on the authority's land), (d) to permit the use of the whole or any part of the authority's land for activities of a sporting, recreational or community nature, including the use of that land for events and general community access, (e) to encourage the use and enjoyment of the authority's land by the public and clubs, associations or other bodies, where appropriate in its opinion, (f) to undertake or provide, or facilitate the undertaking or provision of, commercial and retail activities and facilities on the authority's land, (g) to make all reasonable attempts to ensure that any new development carried out on the authority's land accords with best practice environmental and planning standards, (h) to ensure that proper asset management plans are in place and are implemented for the authority's land. (2) The State Sporting Venues Authority may enter into an arrangement with Venues NSW for Venues NSW to manage any land vested in the State Sporting Venues Authority and to perform any function that the State Sporting Venues Authority has in relation to that land. (3) The State Sporting Venues Authority may do all such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions, including entering into any contract or arrangement with any person in connection with the carrying out of its functions. (4) Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the State Sporting Venues Authority to exercise its functions. Note— Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the State Sporting Venues Authority makes use of) may be referred to as officers or employees, or members of staff, of the State Sporting Venues Authority. Section 47A of the Constitution Act 1902 precludes the State Sporting Venues Authority from employing staff. (5) The State Sporting Venues Authority has such other functions as are conferred or imposed on it by or under this or any other Act. 10 Exercise of functions through private subsidiaries, joint ventures etc Any function of the State Sporting Venues Authority may be exercised— (a) by the Authority itself, or (b) by a private subsidiary corporation, or (c) by the Authority or such a private subsidiary corporation, or both, in a partnership, joint venture or other association with other persons or bodies. 11 Private subsidiary corporations etc (1) (Repealed) (2) The State Sporting Venues Authority may— (a) form, or participate in the formation of, private corporations, and (b) acquire interests in private corporations, and (c) sell or otherwise dispose of interests in private corporations. (3) A private subsidiary corporation is not, and does not represent, the Crown. Part 3 Venues NSW Division 1 Constitution and administration of Venues NSW 12 Constitution of Venues NSW There is constituted by this Act a corporation with the corporate name of Venues NSW. 13 Status of Venues NSW Venues NSW is a NSW Government agency. 14 Ministerial control Venues NSW is subject to the control and direction of the Minister in the exercise of its functions. 15 Board of Venues NSW (1) There is to be a Board of Venues NSW. (2) The Board of Venues NSW is to consist of the following members appointed by the Minister— (a) 1 person appointed by the Minister as the Chairperson of the Board, (b) 1 person appointed by the Minister as the Deputy Chairperson of the Board, (c) 1 person who is a Public Service senior executive within the meaning of the Government Sector Employment Act 2013, (d) 1 person who resides in the Hunter Region, (e) 1 person who resides in the Wollongong Region, (f) at least 6, but not more than 8, other persons. (3) The Board of Venues NSW is responsible for the major sporting facilities in NSW and in particular, the unique heritage and historical role of the Sydney Cricket Ground (since 1854), Sydney Cricket Ground Trust (since 1875) and Sydney Cricket and Sports Ground Trust (since 1952) in the sporting and civic life of the State, when, at various times, the SCG has been the primary home of— (a) Cricket: Inter-colonial, Test Match, Sheffield Shield and limited-over international and domestic; (b) Rugby League; (c) Rugby Union; (d) Soccer/Football; (e) Australian Football; (f) Cycling; (g) Baseball; and (h) Athletics, hosting the 1938 Empire Games. And home to military recruitment and barracks during World Wars One and Two; also served as the principal location for the 1901 Australian Federation celebrations; and through the work of the SCG Trust, contributed heavily to charitable and civic-minded causes in NSW. Note— Schedule 1 sets out provisions relating to the members and procedure of the Board of Venues NSW. 16 Chief Executive Officer of Venues NSW (1) The Minister may, in consultation with the Board of Venues NSW, appoint a Chief Executive Officer of Venues NSW. (2) The Chief Executive Officer is responsible for the day-to-day management of the affairs of Venues NSW in accordance with the policies and general directions of the Board of Venues NSW. (3) Any act, matter or thing done in the name of, or on behalf of, Venues NSW by the Chief Executive Officer is taken to have been done by Venues NSW. (4) The Chief Executive Officer may attend, and participate in discussions at, meetings of the Board of Venues NSW unless otherwise directed by the Board, but is not entitled to vote at the meetings. Note— Schedule 2 sets out further provisions relating to the Chief Executive Officer. 17 Staff of Venues NSW Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable Venues NSW to exercise its functions. Note— Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services Venues NSW makes use of) may be referred to as officers or employees, or members of staff, of Venues NSW. Section 47A of the Constitution Act 1902 precludes Venues NSW from employing staff. 18 Holder of office not affected by appointment to Venues NSW or its Board (1) The doctrine of incompatibility of office— (a) does not operate to prevent the holder of a position in a government sector agency (the original position) from being appointed to a position in Venues NSW or on its Board (the additional position), and (b) does not operate to effect or require the holder of the original position to surrender or vacate the position as a result of the appointment to the additional position. (2) This section applies even if the original position or the additional position is held on an acting or temporary basis. (3) This section does not limit section 73 of the Government Sector Employment Act 2013. (4) In this section— government sector agency has the same meaning as in the Government Sector Employment Act 2013. Division 2 Functions of Venues NSW 19 Functions of Venues NSW (1) The principal functions of Venues NSW are as follows— (a) to provide advice to the Minister on the State's entertainment and sporting venues management strategy and development of existing or new entertainment and sporting venues and their surrounding precincts, (b) to maintain and improve Venues NSW's land, (c) to establish, manage and improve sporting grounds, events grounds and associated facilities for the purposes of sports, events and recreation, (d) to establish, manage and improve facilities for the purposes of sporting competitions, sports training and sports education, (e) to establish, manage and improve community facilities and to establish, manage and improve facilities for community and recreational purposes, (f) to permit the use of the whole or any part of Venues NSW's land for activities of a sporting, recreational or community nature, including the use of the land for events and general community access, (g) to encourage, if Venues NSW considers it appropriate, the use and enjoyment of Venues NSW's land by the public and clubs, associations or other bodies, (h) to collaborate with public sector agencies and other bodies to promote the use of Venues NSW's land and facilities for commercial purposes, (i) to undertake or provide, or facilitate the undertaking or provision of, commercial and retail activities and facilities on Venues NSW's land, (j) to make all reasonable attempts to ensure new development carried out on Venues NSW's land accords with environmental and planning laws, standards and best practice, (k) to contribute to proposals for the design, development and management of land neighbouring Venues NSW's land, (l) to meet the community service obligations determined from time to time by the Minister in relation to the provision of entertainment and sporting venues. (2) Venues NSW may undertake supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions, including entering into any contract or arrangement with any person in connection with the carrying out of its functions. (3) Venues NSW has other functions conferred or imposed on it by or under this Act or any other Act. 20 Delegation of Venues NSW's functions (1) Venues NSW 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 Venues NSW if the delegate is authorised in writing to do so by Venues NSW. (3) In this section, authorised person means— (a) a member of staff of Venues NSW, or (b) a government agency or member of staff of a government agency, or (c) an advisory committee or member of an advisory committee. 21 Private subsidiary corporations (1) Venues NSW may— (a) form, or participate in the formation of, private corporations, and (b) acquire interests in private corporations, and (c) sell or otherwise dispose of interests in private corporations. (2) A private subsidiary corporation is not, and does not represent, the Crown. 21A Exercise of functions through private subsidiary corporations or with other persons or bodies A function of Venues NSW may be exercised— (a) by Venues NSW itself, or (b) by a private subsidiary corporation, or (c) by Venues NSW or a private subsidiary corporation, or both, in a partnership, joint venture or other association with other persons or bodies. Part 3A Advisory committees 21B Definitions In this Part— commencement day means the day on which this Part commences. done includes omitted to be done. liability means civil liability and includes action, claim and demand. 21C Advisory Committees—general (1) Venues NSW may establish advisory committees to— (a) provide advice to the Minister or to Venues NSW, or (b) enable Venues NSW to exercise its functions. (2) Subject to any directions given by the Minister, the procedure of an advisory committee is to be determined by the Board of Venues NSW. (3) A member of an advisory committee is an honorary member and no remuneration is payable to the member in respect of the duties they perform as a member of the advisory committee. (4) An advisory committee, other than a membership advisory committee, may be dissolved or merged with another advisory committee at any time. (5) The regulations may provide for the following— (a) the establishment and functions of an advisory committee, (b) the membership of an advisory committee, (c) the procedure and dissolution of an advisory committee, (d) the appointment, term of office and removal from office of members of an advisory committee. 21D Advisory Committees—Hunter and Wollongong Precincts Venues NSW must, within 6 months of the commencement day, establish an advisory committee in respect of each of the following regions to provide advice to the Minister and to Venues NSW regarding the entertainment and sporting venues and their surrounding precincts in those regions— (a) the Hunter Region, (b) the Wollongong Region. 21E Membership advisory committees (1) The following membership advisory committees are established on the commencement day— (a) a committee to provide advice to Venues NSW regarding the membership of persons who were formerly Members of the Sydney Cricket Ground, as referred to in clause 37 of the Sydney Cricket Ground and Sydney Football Stadium By-law 2014 before its repeal, (b) a committee to provide advice to Venues NSW regarding the membership of persons who were given membership to stadia vested in Venues NSW before the commencement day. (2) Venues NSW is to ensure a former member is invited to become a member of— (a) if the former member was a member of the Sydney Cricket and Sports Ground Trust—the membership advisory committee established under subsection (1)(a), or (b) if the former member was a member of the former board of management of Venues NSW—the membership advisory committee established under subsection (1)(b). (3) A person becomes a member of a membership advisory committee— (a) if the person is a former member— (i) on the day the former member accepts Venues NSW's invitation to become a member of the membership advisory committee, and (ii) in accordance with subsection (2), or (b) if the person who is elected, in accordance with Schedule 3, as a member of the membership advisory committee established under subsection (1)(a)—on the date of the person's election. (4) A membership advisory committee may be dissolved or merged with another advisory committee on the expiration of the remainder of the terms of office of— (a) for a membership advisory committee established under subsection (1)(a)—all of the former members of the Sydney Cricket and Sports Ground Trust who have been appointed as members of the membership advisory committee, or (b) for a membership advisory committee established under subsection (1)(b)—all of the former members of the former board of management of Venues NSW who have been appointed as members of the membership advisory committee. (5) A member of a membership advisory committee is not personally subject to any liability for anything done— (a) in good faith, and (b) for the purpose of executing functions under this Act. (6) The liability instead attaches to the Crown. (7) In this section— former board of management of Venues NSW means the board of management of Venues NSW before Venues NSW was reconstituted by Schedule 5, Part 6. former member means a person who— (a) was, immediately before its dissolution, a member of— (i) the Sydney Cricket and Sports Ground Trust, or (ii) the former board of management of Venues NSW, and (b) is not appointed as a member of the Board of Venues NSW. 21F Advisory Committee: Sydney Cricket Ground Heritage Venues NSW must, within 6 months of the commencement day, establish a body to be known as the 'SCG Heritage Trust', advising the Minister and Venues NSW on— (a) The preservation and public promotion of the unique sporting and civic history of the SCG; (b) Proposed changes in the design, amenity and management of the SCG that may affect its heritage values; (c) Harnessing the skills and interests of historians and sporting enthusiasts to further develop the historical record and status of the SCG; and (d) The custodianship of the highly significant historical role and contribution of the SCG Trust. Members of this advisory committee must be appointed on the basis of their well-established and meritorious sporting, administrative or research/published association with the ground. Part 4 Provisions relating to vesting of and dealings with land and other property Division 1 Vesting of land in sporting venues authorities 22 Definitions In this Division— land of a government agency means— (a) land that is vested in the government agency, or land that is vested in the Crown or Her Majesty and that is controlled and used by the government agency, or (b) an interest in land, being an interest that is vested in or held by the government agency. relevant authority means, in relation to land described in Schedule 4, the sporting venues authority specified opposite the land in that Schedule. transfer date means— (a) in relation to land included in Schedule 4 by order under section 24—the date of publication of the order on the NSW legislation website or a later date specified in the order in respect of the land, or (b) in relation to land included in Schedule 4 by an amendment made by an Act—the date on which the amendment takes effect. transferor, in relation to land included in Schedule 4, means the person or body in whom or which the land was vested immediately before the transfer date. 23 Transfer of property to sporting venues authorities (1) On the transfer date relating to land included in Schedule 4, the land vests in the relevant authority for an estate in fee simple (or such other interest as is specified in the Schedule)— (a) without the need for any further conveyance, transfer, assignment or assurance, and (b) subject to any trusts, estates, interests, dedications, conditions, restrictions and covenants to which the land was subject immediately before the transfer date. (2) On the transfer date relating to land included in Schedule 4, the following provisions have effect— (a) the rights or liabilities of the transferor in relation to the land become by virtue of this section the rights or liabilities of the relevant authority, (b) all proceedings relating to the land commenced before the transfer date by or on behalf of, or against, the transferor or a predecessor of the transferor and pending immediately before the transfer date are taken to be proceedings pending by or against the relevant authority, (c) any act, matter or thing done or omitted to be done in relation to the land before the transfer date by, to or in respect of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the relevant authority, (d) a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent that it relates to that land or those rights or liabilities but subject to the regulations), to be read as, or as including, a reference to the relevant authority. (3) Regulations may be made for or with respect to the conversion of references to the transferor in any document or class of documents to references to the relevant authority as a consequence of any transfer of land under this Division. 24 Transfer of additional property to authority—amendment of Schedule 4 (1) The Governor may, by order published on the NSW legislation website— (a) amend Schedule 4 by inserting, altering or omitting the name of a sporting venues authority or a description of land, or (b) substitute Schedule 4. (2) Land is authorised to be included in Schedule 4 by order under this section only if— (a) it is land of a government agency (including vacant Crown land), and (b) the appropriate consent has been obtained to the land being included in the order. (3) For the purposes of subsection (2), the appropriate consent is— (a) where the government agency concerned is not a local authority—the consent of the Minister responsible for the government agency, or (b) where the government agency concerned is a local authority—the consent of the local authority. (4) Subject to section 23 (1) (b), this section does not prevent land, the fee simple in which is vested in Her Majesty, the Crown or a government agency, or vacant Crown land, from being transferred by order under this section even if the land is subject to other interests. (5) Subject to the other provisions of this section, land may be transferred by order under this section despite any requirement of any other Act or law that relates to dealing with or disposing of the land. 25 Effect of transfer of land under this Division (1) No compensation is payable to any person or body in connection with the operation of this Division. (2) The operation of this Division is not to be regarded— (a) as a breach of contract or confidence or otherwise as a civil wrong, or (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or (c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability. (3) The operation of this Division is not to be regarded as an event of default under any contract or other instrument. (4) No attornment to the transferee by a lessee from a transferor is required. 25A Competition authorisations relating to transfer of land under this Division (1) Conduct authorised or required by or under the provisions of this Division is specifically authorised by this Act for the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales. (2) Conduct authorised by this section is authorised only to the extent (if any) it would otherwise contravene Part IV of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales. Division 2 Dealings with land 26 Land dealings (1) A sporting venues authority may sell, lease, exchange or otherwise dispose of or deal with any land vested in the authority and grant easements or rights-of-way over such land or any part of it. (2) Venues NSW may take action under subsection (1) only with the consent of the Minister. 27 Acquisition of property by gift, devise or bequest (1) A sporting venues authority may acquire by gift, devise or bequest any property for the purposes of this Act and may agree to carry out the conditions of any such gift, devise or bequest. (2) The rule of law against remoteness of vesting does not apply to any condition of a gift, devise or bequest to which the sporting venues authority has agreed. (3) The Duties Act 1997 does not apply to or in respect of any gift, devise or bequest made or to be made to a sporting venues authority. 28 Dealings with certain property that is held by sporting venues authority subject to a condition (1) If property is held by a sporting venues authority subject to a condition to which the authority has agreed under section 27, the authority is not to dispose of or otherwise deal with any of the property except in accordance with the condition or in accordance with subsection (2). (2) If the authority resolves that any property held by the authority subject to such a condition is no longer required for the purposes of the authority or can no longer be used for those purposes, the authority may, despite that condition— (a) sell the property and retain the proceeds of sale as property of the authority, or (b) exchange the property for other property that is capable of being used for the purposes of the authority, or (c) give the property to an institution that engages in activities of a sporting, recreational, educational or cultural nature, or (d) if the authority is of the opinion that the property is of no commercial value—dispose of or otherwise deal with the property without valuable consideration. (3) Venues NSW is not to sell, exchange, give, dispose of or otherwise deal with property under this section except with the consent of the Minister and in accordance with any condition that the Minister may impose on the grant of that consent. (4) The Minister may consent to the sale, exchange, gift or disposal of, or to any other dealing with, property for the purposes of this section and may impose any condition that the Minister thinks fit on the grant of that consent. 29 Acquisition of land (1) The State Sporting Venues Authority may acquire land or any interest in land, for the purposes of this Act, by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. (2) Venues NSW may acquire land or any interest in land, for the purposes of this Act, by agreement. (3) For the purposes of the Public Works Act 1912, any acquisition of land under this Act is taken to be an authorised work, and the sporting venues authority that acquired the land is, in relation to that authorised work, taken to be the Constructing Authority. (4) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply to or in respect of works constructed under this Act. 30 Reservations, dedications and original grants of land (1) A sporting venues authority may manage, develop and otherwise deal with the authority's land in accordance with this Act despite the terms of any grant, reservation or dedication to which the land is or was subject under any Act or law. (2) This section is subject to Divisions 2A and 2B. Division 2A Crown land management 30AA Definitions In this Division— commencement day means the day on which this Division commences. Crown land Minister means the Minister administering the Crown Land Management Act 2016. 30AB Dedication of scheduled lands The scheduled lands continue, on and from the commencement day, to be Crown land dedicated for the purpose of public recreation under the Crown Land Management Act 2016. 30AC Venues NSW is Crown land manager of scheduled lands (1) On and from the commencement day— (a) the appointment of the Sydney Cricket and Sports Ground Trust as Crown land manager for the scheduled lands under the Crown Land Management Act 2016 is taken to be revoked, and (b) Venues NSW is taken to have been appointed under the Crown Land Management Act 2016 as the Crown land manager for the scheduled lands. (2) The Crown Land Management Act 2016 applies in relation to the scheduled lands and to Venues NSW in its capacity as the Crown land manager, subject to the following modifications— (a) Venues NSW's appointment as the Crown land manager of the scheduled lands cannot be revoked under the Crown Land Management Act 2016, (b) no other person can be appointed under the Crown Land Management Act 2016 as a Crown land manager of the scheduled lands, (c) Venues NSW is taken to have been assigned as a category 1 non-council manager of the scheduled lands for the purposes of Division 3.5 of the Crown Land Management Act 2016, (d) if the Minister is not also the Crown land Minister, the Minister can— (i) exercise the functions of the Crown land Minister under Part 2 of the Crown Land Management Act 2016 instead of the Crown land Minister in relation to the scheduled lands, except a function prescribed under paragraph (e), and (ii) grant written consent for the purposes of Division 3.5 of the Crown Land Management Act 2016, (e) the regulations under this Act may prescribe kinds of functions for the purposes of section 3.26(2)(d) of the Crown Land Management Act 2016, (f) Venues NSW is not required to obtain the Minister's consent for the exercise of a function prescribed for the purposes of section 3.26(2)(d) of the Crown Land Management Act 2016 or paragraph (e), (g) the following provisions of the Crown Land Management Act 2016 do not apply in relation to the scheduled lands or Venues NSW— (i) Division 2.2, (ii) Division 2.4 (except for sections 2.12 and 2.14), (iii) section 2.21, (iv) Division 3.2, (v) sections 3.14–3.16 and 3.18, (vi) sections 3.29–3.31, (vii) Division 3.6, (viii) section 3.45, (ix) sections 9.12 and 9.25, (x) Schedule 5, (xi) any other provisions prescribed by the regulations. (3) If the Minister exercises a function of the Crown land Minister permitted by this section, the exercise of the function has the same effect as if it had been duly exercised by the Crown land Minister. Division 2B Particular provisions relating to controlled land, designated land and scheduled lands 30AD Carrying out of development on designated land (1) The Minister may approve the following proposals— (a) the carrying out of development on designated land, (b) plans or specifications relating to the development. (2) The Minister's approval must certify the Minister has consulted the following Ministers in relation to the proposals— (a) the Minister for the time being administering the Public Works and Procurement Act 1912, (b) the Minister for the time being administering the Environmental Planning and Assessment Act 1979. (3) This section is repealed at the beginning of the day that is 12 months after the commencement of this section. 30AE Application of certain laws to development on designated land (1) The excluded laws do not apply to the following— (a) the approval of the Minister to the carrying out of development approved by the Minister under section 30AD (the approved development), (b) the carrying out of the approved development by— (i) Venues NSW, or (ii) a person on behalf of, or with the authority of, Venues NSW, (c) the use of the approved development from time to time, (d) the designated land on which the approved development is carried out or used, or is proposed to be carried out or used. (2) In this section, excluded laws means— (a) the Environmental Planning and Assessment Act 1979, and (b) the Local Government Act 1993, and (c) an instrument in force made under the Acts. 30AF Additional uses allowed on scheduled lands (1) Subject to section 30AI, the scheduled lands may be used for purposes permitted on the lands by a State environmental planning policy. (2) A State environmental planning policy may not permit the use of scheduled lands for a purpose unless the use of the land for the purpose has been approved by the Minister. (3) Section 30AE does not prevent a provision being included in a State environmental planning policy that applies to designated land. (4) If a provision included in a State environmental planning policy applies to designated land, section 30AE ceases to apply to the part of the land except in relation to development or use of the land in accordance with an approval under section 30AD— (a) granted before the day on which the State environmental planning policy took effect, or (b) granted on or after the day on which the State environmental planning policy took effect in response to an application made by Venues NSW before the day. (5) This section— (a) does not affect a provision of a State environmental planning policy in force before the relevant day, and (b) affects a provision included in a State environmental planning policy after the relevant day only to the extent the provision relates to the scheduled lands. (6) In this section— relevant day means the commencement day of the Sydney Cricket and Sports Ground Amendment Act 2006. State environmental planning policy has the same meaning as in the Environmental Planning and Assessment Act 1979. 30AG Variation or cessation of agreements relating to scheduled lands (1) To enable work to be carried out in relation to the scheduled lands, the Minister may determine an agreement relating to the scheduled lands— (a) ceases to be binding on a party to the agreement, and (b) is varied to the extent the Minister deems equitable. (2) The Minister must not make a determination on an agreement before receiving a report from Venues NSW that recommends the alteration of the agreement. (3) Notice of the Minister's determination must be given to the parties to the agreement in writing. (4) An agreement ceases to have effect or is varied— (a) in accordance with the terms of the Minister's notice, and (b) from the date specified in the Minister's notice. (5) In this section— agreement includes a lease and a licence. 30AH Ancillary provisions relating to development and use of scheduled lands for additional purposes (1) The dedication of the scheduled lands for public recreation does not prevent or otherwise affect— (a) the use of any part of the scheduled lands for a permissible purpose, or (b) the grant of a lease or licence that permits or otherwise provides for its use for a permissible purpose. (2) To avoid doubt, a permissible purpose includes a purpose authorised by this Act for the purposes of section 2.12 of the Crown Land Management Act 2016 in its application to the scheduled lands. (3) In this section, permissible purpose, in relation to a part of the scheduled lands, means a purpose permitted on that part by a State environmental planning policy referred to in section 30AF. 30AI Certain uses of Venues NSW's land restricted (1) Despite any other provision of this Act, any other Act or any instrument made under this or any other Act— (a) no part of Venues NSW's land, other than controlled land, may be used for residential accommodation, and (b) no part of Venues NSW's land, other than designated land, may be used for tourist and visitor accommodation. (2) In this section— residential accommodation means a building or place used predominantly as a place of residence, but does not include tourist and visitor accommodation. tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes hotel accommodation and serviced apartments. 30AJ No change to dedicated lands except by Act of Parliament The dedication of the scheduled lands cannot be revoked, changed or abolished unless it is done by an Act of Parliament. Division 3 Transfer of assets, rights and liabilities relating to Stadium Australia 30A Transfer to Venues NSW of assets, rights and liabilities relating to Stadium Australia (1) The Minister may, by order in writing (a vesting order), transfer assets, rights and liabilities of any of the following persons to Venues NSW— (a) Stadium Holdings Pty Ltd (ACN 121 891 647), (b) Stadium Investments Pty Ltd (ACN 121 891 656), (c) Stadium Australia Management Limited (ACN 069 692 253), (d) Stadium Australia Operations Pty Ltd (ACN 126 222 099), (e) SAT trustee. (2) Clauses 4–7 of Schedule 3 apply in relation to the transfer of assets, rights or liabilities by a vesting order under this section in the same way as those clauses apply in relation to the transfer of assets, rights or liabilities by operation of Part 2 of that Schedule. For that purpose— (a) a reference in clause 4 to the transferor is to be read as a reference to the person or persons from whom the assets, rights or liabilities are transferred by the vesting order, and (b) a reference in clause 4 to the transferee is to be read as a reference to Venues NSW. (3) Without limiting subsection (2), any assets of SAT trustee that are vested in Venues NSW as a consequence of the transfer of those assets by a vesting order under this section are vested free of any equitable estates, interests, rights or obligations that attached to the assets immediately before that transfer. (4) A vesting order that varies the terms and conditions of any instrument or contract has effect according to its tenor. (5) In this section— SAT trustee means Infrastructure Specialist Asset Management Limited (ACN 098 827 671) in its capacity as trustee of the Stadium Australia Trust. Stadium Australia Trust means the trust established by the deed that was executed on 19 January 1996 by Australia Stadium 2000 Limited (ACN 069 458 279). 30B Competition authorisations relating to transfer under section 30A (1) Conduct authorised or required by or under the provisions of any prescribed arrangement is specifically authorised by this Act for the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales. (2) Anything authorised to be done by this section is authorised only to the extent that it would otherwise contravene Part IV of the Competition and Consumer Act 2010 of the Commonwealth or the Competition Code of New South Wales. (3) In this section— prescribed arrangement means any contract, arrangement or understanding to which Venues NSW is a party because of the operation of section 30A. Part 5 31–33 (Repealed) Part 6 Miscellaneous 33A (Repealed) 34 Use of Newcastle Showground land (1) The Authority is to allow the Association to use the Showground land for the Association's annual show— (a) for such period and at such time during each year as may be agreed to between Venues NSW and the Association, and (b) free of rent or any fee, and (c) on such other terms and conditions as may be agreed to between Venues NSW and the Association (including, but not limited to, terms and conditions in respect of catering, parking and reimbursing Venues NSW for any costs arising from that use, such as, electricity, gas or water costs or the costs of the repair of damage caused to the Showground land). (2) In the absence of agreement between Venues NSW and the Association on any of the matters referred to in subsection (1), the Minister is to determine that matter and Venues NSW is to allow the Association to use the Showground land in accordance with the Minister's determination. (3) A provision of any contract, lease or other arrangement relating to the Showground land that would prevent the use of the Showground land by the Association in accordance with this section has no effect to the extent that it would prevent that use. (4) The Minister may, by notice in writing to Venues NSW— (a) direct that subsection (3) does not apply to the provisions of a specified contract, lease or other arrangement, and (b) modify the obligations of Venues NSW under this section to ensure that those provisions can be complied with by Venues NSW. (5) In this section— Association means the Newcastle Agricultural, Horticultural, and Industrial Association. Showground land means the land in respect of which the Newcastle Showground and Exhibition Centre Trust was trustee immediately before the dissolution of the Trust by this Act. 35 Consent of Minister to certain matters Any consent of the Minister required by this Act— (a) may be given generally or in a particular case or class of cases, and (b) may be subject to conditions, and (c) may be varied from time to time, and (d) may be withdrawn (but any such withdrawal of consent does not affect any disposition of or dealing with land or property made, or the subject of a binding agreement made, before the withdrawal). 36 No duty payable in relation to agreements, vestings or transfers under Act Duty under the Duties Act 1997 is not chargeable for or in respect of— (a) a vesting or transfer effected under this Act or in accordance with arrangements entered into under this Act, or (b) anything certified by the Minister as having been done in consequence of such a vesting or transfer or under any such arrangements. 37 Rangers (1) The Chief Executive Officer may appoint a person employed by Venues NSW to be a ranger for the purposes of this Act. (2) A ranger may exercise such functions, and has the powers and duties, as are conferred on a ranger by this Act or the regulations. (3) The Chief Executive 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. (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. (6) The Chief Executive may delegate the exercise of any function of the Chief Executive under this section (other than this power of delegation) to a person employed in Venues NSW. (7) In this section— Chief Executive means the Chief Executive of Venues NSW. 38 Penalty notices (1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence. (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence. (3) The Fines Act 1996 applies to a penalty notice issued under this section. Note— The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence. (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court). (5) 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. (6) In this section, authorised officer means a police officer or a ranger. 39 Nature of proceedings for offences Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court. 40 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 and, in particular, for or with respect to— (a) the care, control and management of land and personal property vested in or managed by a sporting venues authority, and (a1) the protection of property, including buildings, structures and machinery, situated on the authority's land, and (a2) the preservation or protection of trees or other vegetation on the authority's land, and (b) the use of land vested in or managed by a sporting venues authority or of any specified part of it, and the regulation of its use and enjoyment or the use and enjoyment of any specified part of it, and (c) the admission of persons and classes of persons (whether or not as members) to land vested in or managed by a sporting venues authority or any specified part of it, including the determination of admission charges, membership fees or subscriptions and the collection and disposal of those amounts, and (c1) the admission to memberships that enable the access to, and use of, areas of Venues NSW's land reserved for the use of members, including the determination of membership fees or subscriptions, and (d) the regulation or prohibition of admission of persons to land vested in or managed by a sporting venues authority or any specified part of it, including the imposition of conditions on any such admission, and (e) the removal of persons from land or any part of land vested in or managed by a sporting venues authority where those persons commit offences, fail to comply with conditions of entry or cause inconvenience to other persons, and (f) the regulation or prevention of the taking of liquor or other intoxicants on to, and the consumption of any such liquor or intoxicants on, land vested in or managed by a sporting venues authority or any specified part of it, and (g) the regulation, control or prohibition of parking of vehicles on land vested in or managed by a sporting venues authority or any specified part of it, the making of charges for any such parking and the collection and disposal of any such charges, and (h) the reservation of any portion of land vested in or managed by a sporting venues authority for such separate or exclusive uses as the regulations may prescribe or authorise, and (h1) the closing of lands, or a part of the lands, vested in or managed by a sporting venues authority, and the conditions that may apply to the closing of the lands or as a consequence of the closing of the lands, and (i) the regulation, control or prohibition of private trading on land vested in or managed by a sporting venues authority or any specified part of it. (2) A regulation may create an offence punishable by a penalty not exceeding 10 penalty units. 41 Savings, transitional and other provisions Schedule 5 has effect. 42 (Repealed) 43 Review of Act (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives. (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act. (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years. Schedule 1 Constitution and procedure of Board of Venues NSW section 15 Part 1 Preliminary 1 Interpretation In this Schedule— Board means the Board of Venues NSW. member means a member of the Board and includes a non-GSE member. non-GSE member means a member of the Board appointed by the Minister under section 15(2)(a), (b) or (d). Part 2 Constitution 2 Terms of office of members (1) Subject to this Schedule and the regulations, a non-GSE member of the Board— (a) holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment, and (b) is eligible, if otherwise qualified, for re-appointment. (2) A non-GSE member is not eligible to be a member of the Board for consecutive terms totalling more than 9 years. 3 Part-time appointments Non-GSE members hold office as part-time members. 4 Remuneration The Minister may, from time to time, determine in consultation with the Secretary of the Premier's Department an amount of remuneration, including travelling and subsistence allowances, in respect of the office of non-GSE members. 5 Deputies (1) The Minister may— (a) from time to time, appoint a person to be the deputy of a non-GSE member, and (b) revoke the appointment at any time. (2) In the absence of a non-GSE member, the member's deputy may, if available, act in the place of the member. (3) While acting in the place of the non-GSE member, a person has all the functions of the member and is taken to be a member. (4) For the purposes of this clause, a vacancy in the office of a non-GSE member is taken to be an absence of the member. (5) This clause does not operate to confer on the deputy of a non-GSE member who is the Chairperson the member's functions as Chairperson. 6 Vacancy in office of member (1) The office of a member becomes vacant if the member— (a) dies, or (b) completes a term of office and is not re-appointed, or (c) resigns the office by instrument in writing addressed to the Minister, or (d) is nominated for election as a member of the Legislative Council or of the Legislative Assembly or as a member of a House of Parliament or a legislature of another State or Territory or of the Commonwealth, or (e) is absent from 3 consecutive meetings of the Board of which reasonable notice has been given to the member personally or by post, except on leave granted by the Minister or unless the member is excused by the Minister for having been absent from the meetings, or (f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit, or (g) becomes a mentally incapacitated person, or (h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or (i) is removed from office by the Minister under this clause. (2) The Minister may remove a member from office at any time. 7 Chairperson and Deputy Chairperson (1) The Chairperson or Deputy Chairperson vacates office as Chairperson or Deputy Chairperson if they— (a) are removed from the office by the Minister under this clause, or (b) resign the office by instrument in writing addressed to the Minister, or (c) cease to be a member of the Board. (2) The Minister may remove the Chairperson or Deputy Chairperson from office as Chairperson or Deputy Chairperson at any time. 8 Filling of vacancy in office of member If the office of a member becomes vacant, a person is, subject to this Act and the regulations, to be appointed to fill the vacancy. 9 Casual vacancy in office of non-GSE member (1) A casual vacancy in the office of a non-GSE member is to be filled by a person appointed by the Minister. (2) The person who fills the casual vacancy holds office, subject to this Act, for the remainder of the term of the member who has vacated office. (3) In this clause, casual vacancy means a vacancy that occurs other than because of the completion of a term of office. 10 Disclosure of pecuniary interests (1) A member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose at a meeting of the Board— (a) that the member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at the meeting, and (b) the nature of that interest. (2) A member is not required to disclose an interest under subclause (1) if the interest does not appear to raise a conflict with the proper performance of the member's duties in relation to consideration of the matter. (3) One or more of the following disclosures by a member at a meeting of the Board is a sufficient disclosure of the nature of the interest in any matter relating to a specified company or other body or to a specified person that may arise after the date of the disclosure and that is required to be disclosed under subclause (1)— (a) that the member is a member, or is in the employment, of that company or other body, or (b) that the member is a partner, or is in the employment, of that person, or (c) that the member has some other specified interest relating to that company or other body or that person. (4) Particulars of any disclosure made under this clause must be recorded by the Board in a book kept for the purpose and that book must be open at all reasonable hours for inspection by any person on payment of the fee determined by the Board. (5) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Board otherwise determines— (a) be present during a deliberation of the Board with respect to the matter, or (b) take part in any decision of the Board with respect to the matter. (6) For the purposes of the making of a determination by the Board under subclause (5), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not— (a) be present during any deliberation of the Board for the purpose of making the determination, or (b) take part in the making by the Board of the determination. (7) A contravention of this clause does not invalidate any decision of the Board. 11 Effect of certain other Acts (1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a non-GSE member. (2) A provision made by or under another Act requiring a person who is the holder of a specified office under that Act to devote the whole of his or her time to the duties of that office, or prohibiting the person from engaging in employment outside the duties of that office, does not operate to disqualify a person from— (a) holding the specified office and also the office of a member under this Act, or (b) from accepting and retaining remuneration payable to the person under this Act as a member, if any. 12 Personal liability (1) A protected person is not personally subject to any liability for anything done— (a) in good faith, and (b) for the purpose of executing functions under this Act. (2) The liability instead attaches to the Crown. (3) In this clause— done includes omitted to be done. liability means civil liability and includes action, claim or demand. protected person means— (a) the Board, or (b) a member of the Board, or (c) a person acting under the direction of the Board. Part 3 Procedure 13 General procedure Subject to this Act and the regulations, the Board may call and conduct meetings of the Board as it determines. 14 Quorum The quorum for a Board meeting is a majority of its members for the time being. 15 Presiding member (1) The Chairperson presides at a Board meeting. (2) If the Chairperson is absent from a Board meeting, the Deputy Chairperson presides at the meeting. (3) If the Chairperson and the Deputy Chairperson are absent from a Board meeting, another member elected by the members present at the meeting presides at the meeting. 16 Voting (1) A decision supported by a majority of the votes cast at a Board meeting at which a quorum is present is the decision of the Board. (2) If there is an equality of votes at a Board meeting, the member presiding at the meeting also has a casting vote. 17 First meeting The Minister may call the first meeting of the Board in the manner that the Chairperson thinks fit. 18 Transaction of business outside meetings or by telephone (1) The Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Board for the time being, and a resolution in writing approved in writing by a majority of the members is taken to be a decision of the Board made at a meeting of the Board. (2) The Board may, if it thinks fit, transact any of its business at a meeting at which members, or some members, participate by telephone or other electronic means, but only if any member who speaks on a matter before the meeting can be heard by the other members. (3) The Chairperson and each other member have the same voting rights as they have at an ordinary meeting of the Board for the purposes of— (a) the approval of a resolution under subclause (1), or (b) a meeting held in accordance with subclause (2). (4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Board. (5) Papers may be circulated among the members for the purposes of subclause (1) by electronic means. Schedule 2 Provisions relating to Chief Executive Officer of Venues NSW section 16 1 Appointment of Chief Executive Officer of Venues NSW (1) The Chief Executive Officer of Venues NSW— (a) holds office for the term, not exceeding 5 years, specified in the instrument of appointment, and (b) is eligible, if otherwise qualified, for re-appointment. (2) A person is not eligible to be a Chief Executive Officer for consecutive terms totalling more than 10 years. (3) The office of Chief Executive Officer is a full-time office and the holder of the office