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