Major Events Regulation 2017



Part 1 Preliminary
1   Name of Regulation
This Regulation is the Major Events Regulation 2017.
2   Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
3   Definitions
(1)  In this Regulation—
the Act means the Major Events Act 2009.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2)    (Repealed)
cl 3: Am 2022 (191), Sch 1[1].
Part 2 2022 UCI Road World Championships
pt 2: Subst 2019 (611), Sch 1; 2022 (191), Sch 1[2].
4   Part applies only in relation to 2022 UCI Road World Championships
The provisions of this Part relate only to the 2022 UCI Road World Championships and not to another major event.
cl 4: Subst 2019 (611), Sch 1; 2022 (191), Sch 1[2].
5   References to the Act consequent on savings and transitional provisions—the Act, Sch 3, cl 1
In this Regulation, a reference to the Act is taken to be a reference to the Major Events Act 2009 as if the Major Events Amendment Act 2022 had not commenced except for the following provisions—
(a)  Schedule 1[26],
(b)  Schedule 1[29],
(c)  Schedule 1[37].
cl 5: Subst 2019 (611), Sch 1; 2022 (191), Sch 1[2].
6   Definition
In this Part—
2022 UCI Road World Championships means the 2022 Union Cycliste Internationale Road World Championships and associated events.
cl 6: Subst 2019 (611), Sch 1; 2022 (191), Sch 1[2].
7   Declaration of 2022 UCI Road World Championships as major event
(1)  For the Act, section 5(1), the 2022 UCI Road World Championships is declared to be a major event.
(2)  For the Act, section 5(4)(a), the 2022 UCI Road World Championships comprises a road race and associated events taking place in the local government area of City of Wollongong during the major event period at a major event venue or facility.
Note—
The Act, section 4(2)(a) provides for a major event venue or facility to be declared by the Minister by order published in the Gazette.
cl 7: Subst 2019 (611), Sch 1; 2022 (191), Sch 1[2].
8   Major event venues or facilities and major event periods—the Act, ss 4(2)(c) and 5(4)(b)
(1)  Each of the places listed in the table to this clause are prescribed as a major event venue or facility.
(2)  A reference to the major event venues or facilities in this clause includes a reference to a public place, or part of a public place, that is within 200m of a major event venue or facility.
(3)  The major event period is the period from 17 September 2022 until 25 September 2022.
(4)  The periods listed in the table to this clause are also major event periods for the corresponding major event venues or facilities to enable construction, management, removal and reinstatement of facilities.
 
Major event venues or facilities
Major event periods
1
Lang Park, Marine Drive, Wollongong
9 May 2022 until 10 October 2022
2
Stuart Park, George Hanley Drive, North Wollongong
1 September 2022 until 30 September 2022
3
Flagstaff Hill being the area bordered by Endeavour Drive, Wollongong
8 September 2022 until 30 September 2022
4
Osbourne Park, 1 Cliff Road, Wollongong
8 September 2022 until 30 September 2022
5
Rex Jackson Oval, Walker Street, Helensburgh
8 September 2022 until 30 September 2022
6
Brighton Beach at Belmore Basin, seaward side of Cliff Road between Osbourne Park and Endeavour Drive, including Brighton Lawn, Wollongong
10 September 2022 until 30 September 2022
7
Bass Park, Bass Street, Mount Ousley
12 September 2022 until 30 September 2022
8
Thomas Dalton Park, Fairy Meadow
12 September 2022 until 29 September 2022
9
Foreshore area of North Wollongong Beach, seaward side of Cliff Road between George Hanley Drive and Osbourne Park, North Wollongong
15 September 2022 until 29 September 2022
cl 8: Subst 2019 (611), Sch 1; 2022 (191), Sch 1[2].
9   Application of provisions of the Act, Part 4—the Act, s 5(4)(c)
(1)  Except as provided for by subclause (2), the Act, Part 4, Divisions 1, 2 and 4–9 apply during the major event periods.
(2)  Part 4, Divisions 1, 2 and 5–9 apply during the major event period specified in item 1 of the table to clause 8.
cl 9: Subst 2019 (611), Sch 1; 2022 (191), Sch 1[2].
pt 3 (cll 9–14) (as originally inserted): Ins 2018 (85), Sch 1. Rep 2019 (611), Sch 1.
pt 4 (cll 15–20) (as originally inserted): Ins 2018 (577), Sch 1. Rep 2019 (611), Sch 1.
10   Responsible authority—the Act, s 6(a)
Destination NSW is designated as the responsible authority.
cl 10: Subst 2019 (611), Sch 1; 2022 (191), Sch 1[2].
pt 3 (cll 9–14) (as originally inserted): Ins 2018 (85), Sch 1. Rep 2019 (611), Sch 1.
11   Sale and distribution of articles—sales control period
For the Act, section 37(9), definition of sales control period, the period is 17 September 2022 to 25 September 2022.
cl 11: Subst 2019 (611), Sch 1; 2022 (191), Sch 1[2].
pt 3 (cll 9–14) (as originally inserted): Ins 2018 (85), Sch 1. Rep 2019 (611), Sch 1.
12   Sale and distribution of articles—prescribed articles
(1)  For the Act, section 37(9), definition of prescribed article, all articles are prescribed articles.
(2)  Subsection (1) does not apply to articles sold or distributed in the course of—
(a)  a business that occupied premises on land at the time the land was prescribed to be part of the major event venue or facility for the major event period, and that are articles—
(i)  normally sold or distributed in the course of the business, and
(ii)  sold or distributed by the business in the usual manner, or
(b)  a business, not established primarily for the purposes of the major event, that commences occupation of premises during the major event period on land prescribed to be part of the major event venue or facility for the major event period, and that are articles—
(i)  normally sold or distributed in the course of businesses of that kind, and
(ii)  sold or distributed in the usual manner in which businesses of that kind sell or distribute the articles.
cl 12: Subst 2019 (611), Sch 1; 2022 (191), Sch 1[2].
pt 3 (cll 9–14) (as originally inserted): Ins 2018 (85), Sch 1. Rep 2019 (611), Sch 1.
13   Sale and distribution of articles—authorised officers
A person who is engaged to provide security services for the 2022 UCI Road World Championships is prescribed for the Act, section 37(9), definition of authorised officer.
cl 13: Subst 2019 (611), Sch 1; 2022 (191), Sch 1[2].
pt 3 (cll 9–14) (as originally inserted): Ins 2018 (85), Sch 1. Rep 2019 (611), Sch 1.
14   Advertising on buildings or structures—exemptions—the Act, s 39(11)(b)
(1)  Advertising material fixed to or placed on a building or structure in an area referred to in the Act, section 39(1)(b) is exempt from the Act, section 39 if—
(a)  the advertising material is fixed to or placed on part of a major event venue or facility so that it cannot be clearly seen by a person, or
(b)  the advertising material—
(i)  was fixed to or placed on the building or structure when the building or structure was not an advertising controlled site or part of an advertising controlled site, and
(ii)  was fixed or placed by a person as part of the person’s ordinary activities and not in anticipation of the 2022 UCI Road World Championships, and
(iii)  does not contain a statement, or make an inference, that the advertiser is a sponsor or supporter of, or is connected with, the 2022 UCI Road World Championships.
Note—
The major event venue or facility must also be an advertising controlled site under the Act, section 39 for the exemption to have effect.
(2)  Advertising material fixed to or placed on a building or structure is exempt from the Act, section 39 if it is authorised or permitted to be fixed to or placed on the building or structure by the responsible authority in accordance with that section and this Part.
cl 14: Subst 2019 (611), Sch 1; 2022 (191), Sch 1[2].
pt 3 (cll 9–14) (as originally inserted): Ins 2018 (85), Sch 1. Rep 2019 (611), Sch 1.
15   Aerial advertising
(1)  For the Act, section 40, a major event venue or facility prescribed in clause 8 or declared to be a major event venue or facility by the Minister under the Act, section 4(2)(a), is prescribed as a major event venue or facility.
(2)  The prescribed period is a period during which a sales control period is in effect under clause 11 for a major event venue or facility referred to in subclause (1).
cl 15: Subst 2019 (611), Sch 1; 2022 (191), Sch 1[2].
pt 4 (cll 15–20) (as originally inserted): Ins 2018 (577), Sch 1. Rep 2019 (611), Sch 1.
16   Applications for authorisations
(1)  This clause applies to the following authorisations by the responsible authority—
(a)  an approval under the Act, section 37 to sell or distribute a prescribed article during a sales control period in a controlled area,
(b)  an authorisation or permission under the Act, section 39 for advertising material to be fixed to or placed on a building or structure that is, or is part of, an advertising controlled site,
(c)  an authorisation under the Act, section 41 to do anything referred to in the Act, section 41(1) at a major event venue or facility.
(2)  A person who wishes to obtain an authorisation to which this clause applies must make an application to the responsible authority in accordance with this clause.
(3)  An application must—
(a)  be made in writing, and
(b)  be accompanied by the fee, if any, determined by the responsible authority (the application fee), and
(c)  contain the information, and be accompanied by documentation, that the responsible authority requires to enable the responsible authority to properly consider and determine the application, and
(d)  be lodged with the responsible authority at least 14 days, or a shorter period as the responsible authority may allow, before the authorisation to which the application relates is proposed to be used.
(4)  The responsible authority may require an application for an authorisation to provide further information or documentation before the application is determined.
(5)  The responsible authority may waive or reduce an application fee.
(6)  The responsible authority may determine an application by granting the application, unconditionally or subject to conditions, or by refusing the application.
cl 16: Subst 2019 (611), Sch 1; 2022 (191), Sch 1[2].
pt 4 (cll 15–20) (as originally inserted): Ins 2018 (577), Sch 1. Rep 2019 (611), Sch 1.
17   Modification of environmental planning instruments and development consents—expiry date
For the Act, section 51(7), definition of expiry date, the date is 30 September 2022.
cl 17: Ins 2022 (191), Sch 1[2].
pt 4 (cll 15–20) (as originally inserted): Ins 2018 (577), Sch 1. Rep 2019 (611), Sch 1.
18   Parking control period—the Act, s 59(4)
The parking control period is the period from 1 September 2022 until 30 September 2022.
cl 18: Ins 2022 (191), Sch 1[2].
pt 4 (cll 15–20) (as originally inserted): Ins 2018 (577), Sch 1. Rep 2019 (611), Sch 1.
19   Delegation of responsible authority’s functions—authorised person—the Act, s 68(3)(d)
The following are prescribed—
(a)  Wollongong City Council,
(b)  Wollongong 2022 Limited (ACN 629 044 677),
(c)  a person who is engaged by the responsible authority to provide the following—
(i)  security services,
(ii)  traffic or pedestrian control services.
cl 19: Ins 2022 (191), Sch 1[2].
pt 3 (cll 9–14) (as originally inserted): Ins 2018 (85), Sch 1. Rep 2019 (611), Sch 1.
pt 4 (cll 15–20) (as originally inserted): Ins 2018 (577), Sch 1. Rep 2019 (611), Sch 1.