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DRAFT BYRON SHIRE EVENTS GUIDELINE ... - Byron Shire Council

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DRAFT BYRON SHIRE EVENTS GUIDELINE ... - Byron Shire Council Powered By Docstoc
					                              Annexure 4(b)




              DRAFT
            BYRON SHIRE
          EVENTS GUIDELINE
                2008




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                                                          CONTENTS

INTRODUCTION
    How the Guide is Arranged ................................................................................................. 3
    Contact Information ............................................................................................................. 4

PART 1 - PRELIMINARY
    1.1 Planning Your Event .................................................................................................... 5
    1.2 Council’s Aims & Objectives ......................................................................................... 5
    1.3 Land to Which this Guideline Applies ........................................................................... 6
    1.4 Definitions .................................................................................................................... 6

PART 2 – LEGISLATIVE REQUIREMENTS
    2.1 Council Approvals ......................................................................................................... 8
    2.2 Other Government Approvals .................................................................................... 10
    2.3 Other Legislative Requirements ................................................................................. 12

PART 3 – GUIDELINES
    3.1 The Proposal .............................................................................................................. 15
    3.2 Management .............................................................................................................. 17
    3.3 Ancillary Activities . ..................................................................................................... 22
    3.4 Services ..................................................................................................................... 25
    3.5 Greening the Event .................................................................................................... 29

PART 4 – COUNCIL APPROVAL PROCESS
    4.1 Checklist ..................................................................................................................... 30
    4.2 Application Form ........................................................................................................ 30
    4.3 Applicant ................................................................................................................... 31
    4.4 Timing of Application .................................................................................................. 31
    4.5 Owner’s Endorsement ................................................................................................ 31
    4.6 Fees & Charges ......................................................................................................... 32
    4.7 Ground Rental ............................................................................................................ 32
    4.8 Determination ............................................................................................................. 32

APPENDIX
    Application Form ............................................................................................................... 33
    Road Use Check List ........................................................................................................ 42
    Traffic Management Plan .................................................................................................. 44
    Notice of Intention to Hold a Public Assembly Application ................................................ 50
    Food Stall Operations Check List ...................................................................................... 52
    Places of Public Entertainment & Temporary Structures (SEPP) ...................................... 55
    Schedule of Events ............................................................................................................ 56
    Guidelines for Wastewise Events....................................................................................... 57



NOTE: This document is in draft form to allow Councillors to understand the quantity and
type of additional information that can be provided to event organisers. A finalised copy will
be developed once clear direction from policy and the community has been obtained.




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INTRODUCTION

The guidelines are based on the principles of          facilities or sites not designed for public
public health, safety and risk management.             entertainment, open-air sites, such as parks
These principles acknowledge that each                 and reserves and other privately owned
event will be different and will require a             undeveloped sites. It is also not intended to be
particular   configuration   of    elements,           applied to nightclubs and permanent places of
management, services and provisions. Byron             public entertainment (PoPE) such as hotels,
Shire is recognised as the hub of regional             community centres and public halls.
events with a diverse range of cultural,
musical and entertainment.                             Events in Byron Shire fall into four general
                                                       categories – large event, entertainment
The guidance offers useful suggestions for             event, community event and community
many types of event that take place at a               celebration.
variety of venues such as purpose-built

   Events vary in size and complexity – from 500 local residents to major festival lasting
   several days and attracting in excess of 60 000 visitors. All are covered by different legal
   requirements and arrangements that may vary according to the event.
   Events may require approvals from a range of different agencies - a good event is good
   communication, as early as possible, between the promoter and Byron Shire Council, other
   consent authorities such as the NSW Police or the Roads and Traffic Authority.
   Events can have significant environmental and public safety implications - an important
   aim is to promote good practice by promoters so community benefits can be maximised and
   negative social impacts minimised or eliminated.
   Events on private land - will require the lodgement of a development application and the
   granting of development consent from Council before such events can be held.

How the guide is arranged

Part 1    Covers essential points to consider in planning and management of the event, definitions,
          as well as general advice on legal responsibilities.
Part 2    Outlines issues relating to employees and other workers and provides a summary of the
          law relating to events.
Part 3    Provides advice on the health and safety of those involved in events, including the
          provision of services and facilities.
Part 4    Details what is required to meet Council’s approval process.

Important Note
          Council does not have a dedicated position that is able to provide singular advice and
          information on the event you are planning.
          It is important to involve appropriate representatives of Council well in advance to discuss
          any issues so that there is sufficient time for Council to consult, seek departmental
          responses, process the application and make a decision. This applies in particular to
          major events that involve road closures, access from a major road, or the participation of
          more than 300 persons at any one time.
          An application for a major event should be with Council at least six (6) months before the
          event is to be held. This period is recommended as applications will need consideration
          by Council and its Local Traffic Advisory Committee. This also allows time to obtain the
          necessary approvals from other agencies eg Police, WorkCover, NSW Waterways, Liquor
          Licensing Court etc as may be required by such ‘integrated’ development applications.
          Applications for smaller, less complicated events that are well organised are likely to be
          processed within a shorter time frame.


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Contact Information

When undertaking events in Byron Shire on:

PUBLIC LAND: Contact the Property Manager within Corporate Services. The contact telephone
number is (02) 6626 7300, or e-mail to council@byron.nsw,.gov.au.

PRIVATE LAND: Contact Council’s Duty Planner for initial discussions that may later involve a
number of staff from various departments. The contact telephone number is (02) 6626 7025, or by
email to dutyplanner@council.nsw.gov.au.

Council’s contact details are:
General Manager
Byron Shire Council
70 – 90 Station Street (PO BOX 219)
MULLUMBIMBY NSW 2482
Telephone 02 6626 7000

 Facimile 02 representation, statement, opinion or advice expressed or implied in this publication is
Disclaimer: Any 6684 3018
 email council@byron.nsw.gov.au.
made in good faith but on the basis that Byron Shire Council is not liable (whether by reason of negligence,
lack of care or otherwise) to any person for any damage or loss whatsoever which has or may occur in
relation to that person taking or not taking (as the case may be) action in respect of any representation,
statement or advice and referred to above. Event organisers are singularly responsible for obtaining up-to-
date information, requirements, fees and charges from the relevant Federal, State and Local agencies prior
to initiating an event.




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                                  PART 1 – PRELIMINARY

1.1       Planning your event

All event organisers are recommended to use the chapter headings as a checklist for planning the
requirements for their event. By applying a risk assessment approach to the type and size of event,
it should be straightforward to decide which elements from each chapter are relevant to your
specific event.

Type of Event            Example                                                                        Indicate
Large Event              Include blues, classical, contemporary, rock, traditional, and
                         world music festivals lasting over several days with many
                         thousands of paying patrons.
Entertainment            Includes annual community carnivals, cultural and festive
Event                    gatherings, rodeos, smaller music and dance performances,
                         and literary and performance activities for groups generally
                         with less than 3000 paying patrons.
Community Event          Includes agricultural shows, Bangalow Billie Cart Derby,
                         beachfront craft fair, ‘Chincogan Fiesta’, ‘Fish ‘N Chip’ festival,
                         ‘Kites and Bikes’, New Years Eve celebrations, ‘Old and Gold’,
                         Peace Day, pet awareness day, public rallies, ‘Reclaim the
                         night’, ‘Rukkus’, sporting events including cycling, fun runs,
                         rugby sevens, surf carnivals, triathlons and ‘Winter Whales’,
                         ‘Taste of Byron’, and ‘World Environment Day’ that are
                         gatherings open to the general community.
Community                Includes Australia Day, Anzac Day, NAIDOC (National
Celebration              Aborigines and Islanders Day Observance Committee),
                         Remembrance Day, and various private ceremonies such as
                         birthdays, weddings, funerals and private functions.


1.2       Council’s Aims & Objectives

Aims                                                            Objectives
Provide clear guidelines to ensure events are                   Provide a documented process on how event
organised and managed in a manner that ensures                  organisers may obtain approval to hold an event in
positive outcomes for the community.                            Byron Shire.
Encourage the establishment of vibrant and culturally           Ensure that event organisers receive approval in a
inclusive events in Byron Shire.                                timely and efficient manner.
Provide appropriate direction for events likely to              Ensure event organisers are aware of Council and
impact upon residents and the natural environment.              other agency requirements so as to assist and
                                                                encourage the efficient organisation of events in
                                                                Byron Shire.
Ensure that all events satisfy Council’s fire, health
and public safety requirements.
Indicate that if an event is poorly planned and likely to
seriously impact upon the community, it will not be
supported.
Indicate that Council support and waiver of fees and
charges can not be relied upon without allowing due
time for consideration of special circumstances.

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1.3.      Land to Which This Guideline Applies

This guideline applies to events that are aimed at         within the    Environmental        Planning     and
attracting significant numbers of people to                Assessment Act 1979.
location/s that would not normally be subject to
such gatherings. In general such events will be            No events are exempt from this guideline. Minor
held on public land (including Crown Reserves,             events of a private nature on Crown Parks and
parks and beaches) and/or within public roads.             Reserves     must    comply    with    Councils
Events proposed on private land are subject to the         Development Control Plan (DCP) No.16 and /or
development application provisions embodied                “Application form for use of Public Reserves”
                                                           (#550195).

1.4       Definitions

The following definitions are applicable for the                either where no entry fee is levied or for the
purpose of this Guideline:                                      payment of a fee;
                                                           2.   Involve a temporary use of land that does not
Authorised Officer of Council means a ranger,                   include the erection of any permanent
environmental health officer, building surveyor,                structures.
compliance officer or other officer authorised by          3.   Typically occurs no more than once a year.
Council to regulate specified matters.                     4.   Does not include “casual events” such as
                                                                street theatre, charitable fun raising, busking
Commercial promotion means any event where                      and the like.
the primary intent is the commercial promotion of          5.   Does not include exhibition sports games,
a product, business or the like, even if the primary            local grand finals, and activities usually
beneficiary is a charitable or community based                  associated with recognized sporting venues.
incorporated body.                                         6.   Does not include markets approved under
                                                                Council’s “Markets Policy” or under separate
Enforcement officer, in Part 4 of Chapter 16,                   development consent or Crown Land
means an employee of a Council authorised in                    Approval
writing by the Commissioner of Police to be an             7.   Does not include events held within
enforcement officer for the purpose of this part in             permanent structures where a ‘Place of Public
relation to a specified alcohol-free zone and for a             Entertainment’ approval is current in Byron
specific period in relation to events.                          Shire.
                                                           8.   Does not include agricultural exhibitions and
Entertainment includes:                                         like events held on lands under the care and
(a) amusement provided by means of any ride or                  control of Crown Lands Trustees.
     device or by any other means (such as pin-
     ball machines and video machines): and                Event Organiser means the individual who or
(b) an exhibition, sporting event or contest, but          organisation that makes application to conduct an
     does not include amusement provided by                event and that is responsible for the overall
     means of an approved amusement device                 organization.
     (within the meaning of the Liquor Act, 1982) or
     poker machines (within the meaning of the             Land owner means the person or organization
     Registered Clubs Act 1976), and does not              that owns land in fee simple, the Trustee of Crown
     include anything that is declared by regulation       land, or an entity that is entitled to sign a
     not to be entertainment for the purpose of this       development application as the land owner under
     definition.                                           the Local Government Act 1993 or the
Event is something that happens at a given place           Environmental Planning & Assessment Act 1979.
and time. In the context of this publication events
are places where people gather for a common                Major event is defined as an event that involves:
purpose, not necessarily for fee or reward. In                • The temporary closure of a road or use of
Byron Shire a public rally, street parade,                        a public road reserve.
community march, group sporting activity, music               • Access to or from a main road or state
festival, cultural celebration, open air theatre,                 highway.
concert, charitable ball, dance party, carnival,              • A likely attendance of three hundred (300)
circus, private function, commercial promotion and                persons or more at one time.
the like are commonly called events. The                      • Other events deemed so by Council that,
characteristics include:                                          because of some characteristic, have
1. Directed       at    providing    entertainment,               potential to cause traffic congestion, harm
     enjoyment or interest to the whole community
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          to the environment or a public health or           (b) includes a public meeting.
          safety hazard.
    •     What patrons are likely to engage in risky         Public meeting means any assembly held for a
          behaviour or be affected by illicit drugs or       public purpose to which admission may ordinarily
          alcohol.                                           be gained by members of the public (whether or
                                                             not on payment of money, or other consideration,
Minor event is defined as an event that is not a             as the price or condition of admission), but does
Major event.                                                 not include an assembly held for the purpose of
                                                             religious worship only.
Operational Manager means the person who is
in control at the event and has care and                     Public road means a road, that members of the
responsibility for running it, who is available to           public are entitled to use.
discuss and make operational decisions in
consultation with Police, Council Officers and any           Road includes:
other Officer from a relevant authority.                        (a) the airspace above the surface of the
                                                                    road; and
Public place means land not being private land                  (b) the soil beneath the surface of the road;
which the public has the right to use.                              and
                                                                (c) any bridge, tunnel, causeway, road-ferry,
Place of public entertainment means:                                ford or other work or structure forming
    (a) a drive-in theatre; or                                      part of the road.
    (b) an open-air theatre; or
    (c) a theatre or public hall; or                         Road event means a speed contest or such other
    (d) licensed premises.                                   activity as may be prescribed by the regulations
                                                             for the purposes of this definition.
Private land means land the fee-simple of which
is not vested in the Crown, and land that the                Road event permit means a permit in force under
Crown has lawfully contracted to sell.                       section 144.

Public Entertainment                                         Roads Authority means the legal owner of a
(a) means entertainment to which admission may               public road.
    ordinarily be gained by members of the public            The Roads Act 1993 (Section 145) establishes
    on payment of money, or other consideration,             that public roads are owned by Roads Authorities.
    as the price or condition of admission and an            The Act (Section 7) states that the RTA is the
    entertainment does not cease to be a public              roads authority for all freeways, the Minister for
    entertainment merely because:                            Land and Water Conservation the roads authority
    (i) some (but not all) persons may be                    for all Crown roads, and the Council of a local
         admitted to the entertainment otherwise             government area is the roads authority for all
         than on payment of money, or other                  public roads within the area other than freeways
         consideration, as the price or condition of         or Crown roads. Consequently, in Byron Shire,
         admission; or                                       Byron Shire Council is the roads authority for all
    (ii) such payment, or other consideration, is            public roads other than the Pacific Highway and
         demanded as the charge for a meal or                Crown roads.
         other refreshment, or for any other service
         or thing, before admission to the                   RTA means the Roads and Traffic Authority
         entertainment is granted or as the charge           constituted under the Transport Administration Act
         for the entertainment after admission to            1988.
         the entertainment has been granted; and




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                       PART 2 – LEGISLATIVE REQUIREMENTS


2.1       Council Approvals

The following pieces of legislation may impose requirements for approval from various public
authorities prior to holding an event.

2.1.1 Environmental            Planning        and         Development consent is required for all
Assessment Act 1979                                        events on private land as well as the various
                                                           approvals outlined in this Guideline. A
Events constitute a land use that requires                 development application to hold an event, or
development      consent    under      the                 establish a venue for the holding of events,
Environmental Planning & Assessment Act,                   will be advertised for public comment.
1979 (EP&AA). Considerations under Part 4
Section 79C of the EP&AA apply to such                     Fees for development applications start at
development applications.                                  $220 and increase with complexity of the
                                                           event proposal. Fees are set annually by
Given that there is a general public acceptance            Council.
and expectation that events will be held in public
places from time to time, the need for                     2.1.2    The Local Government Act 1993
development consent is not considered to be
necessary, with the requirements and guidelines            Section 68 of the Local Government Act 1993
provided under this Guideline being sufficient.            (LGA) allows a person to carry out the
The consent requirement is proposed to be                  activities specified in the table below only with
removed by virtue of an exemption under Byron              the prior approval of Council. It may be
Development Control Plan No. 16 Exempt and                 necessary for event organisers to obtain one
Complying Development for events on public                 or a number of the listed approvals.
land.

Part A – Structures or Places of Public Entertainment
1.    Install a manufactured home, moveable dwelling or associated structure on land
For more information concerning these types of approvals contact Council’s Duty Planner on (02) 6626 7025.
Part C – Management of Waste
1.    For fee or reward, transport waste over or under a public place
2.    Place waste in a public place
3.    Place a waste storage container in a public place
For more information on these types of licences contact Council’s Health and Environment Services on
telephone 6626 7054. One of these licences may require the Event Organiser to enter into a “Temporary
Trade-waste Agreement”.
Part D – Community Land
1.     Engage in a trade or business
2.     Direct or procure a theatrical, musical or other entertainment for the public
3.     Construct a temporary enclosure for the purpose of entertainment
4.     For fee or reward, play a musical instrument or sing
5.     Set up, operate or use a loudspeaker or sound amplifying device
6.     Deliver a public address to hold a religious service or public meeting
For information concerning these types of licences contact Council’s Property Services on (02) 6626 7083.
Part E – Public Roads
1. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle projecting
    over the footway
2. Expose or allow to be exposed (whether for sale or otherwise) any article in or on so as to overhang any
    part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an
    awning over the road.
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For more information concerning these types of licences contact Council’s Asset Management Services on
(02) 6626 7101.
Part F – Other Activities
1. Operate a car park (Building Services).
2. Install or operate amusement devices (Building Services).
3. Use a standing vehicle or any article for the purpose of selling any article in a public place (Compliance
    Services).
4. Carry out an activity prescribed by the regulations or an activity of a class or description prescribed by the
    regulations. (Not applicable)

Owner’s Permission                                          or devolvement. Chapter 16 of the Local
                                                            Government Act, 1993 allows Council to
Section 78 of the Local Government Act 1993                 prohibit and regulate a range of activities in
requires any application for approval to be                 public places, confiscate/impound equipment,
accompanied by the permission of the land                   fine persons guilty of offences etc. Section
owner on which an event is proposed to be held.             632 provides that a person is guilty of an
                                                            offence in a public place if they fail to comply
Caravan Parks and Camping Grounds                           with the terms of a Notice that may relate to
An event may consider the need to include                   any of the following:
temporary camping ground activities in                      (a) the payment of a fee for entry to or the
association with the holding of any event. The                  use of the place;
inclusion of temporary camping facilities with              (b) the use of a vehicle in the place;
an event may enhance the patron experience                  (c) the taking of any animal or thing into the
as well as reduce off-site impacts upon                         place;
surrounding areas. The standard for                         (d) the use of any animal or thing in the
designing and operating any temporary                           place;
caravan park or camping ground is clearly set               (e) the doing of any thing in the place;
out in the Local Government (Manufactured                   (f) the use of the land or any part of the
Home Estates, Caravan Parks, Camping                            place.
Grounds       and     Moveable      Dwellings)
Regulation 2005. This Regulation can be                     The Impounding Act 1993, The Road
obtained on the NSW Legislation website.                    Transport (General) Act 1999, Road
Alternatively the concurrence of the Director-              Transport (Safety and Traffic Management)
General must be obtained for all caravan park               Act 1999, Roads Act 1993 and Companion
and camping ground activities that do not                   Animals Act 1998 also confer powers on
comply with this NSW standard.                              Council to deal with particular issues which
                                                            are either specifically related to public places
Alcohol Free Zones                                          or will be relevant in public places in some
                                                            instances.
Sections 644 to 644C of the Local
Government Act 1993 set out the provisions                  2.1.3   Roads Act, 1993
relating to the making of alcohol free zones.
At present there are Alcohol Free Zones                     The holding of an event has the potential to
(AFZ) declared in Byron Shire. The temporary                impact on the normal patterns of traffic flows
revocation of AFZ for any proposed event                    and special arrangements are generally
requires the formal consent of the elected                  required to ensure the safety and
Council. For the temporary lifting of an AFZ                convenience of the public. The risks are likely
declaration to occur, adequate prior notice                 to increase where an event involves the
(three months or more) for reports to be                    temporary closure of roads.
written and submitted into the adopted
meeting schedule is required.                               Generally a proposal to close and use any
                                                            road for an event or to regulate traffic will
It should be noted that Council has powers                  need the approval of Byron Shire Council as
under a number of Acts to regulate activities               the designated road authority. Council must
and behaviour in public places irrespective of              seek the concurrence of the RTA if the
whether Council has formal control over land                proposal is likely to impact the Pacific
through ownership, appointment as Trustee                   Highway and classified state roads.
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The applicant must submit a Traffic                       For    more    information     regarding    the
Management Plan (TMP) to Council. The                     requirements and issues involving road
TMP must contain information such as; an                  closures and regulating traffic to cater for an
event summary (event name, event location,                event, contact Council’s Asset Management
event date, starting and finishing time),                 Services Director on 6626 7101.
contact names (event organiser and event
manager), risk management assessment                      2.1.4   Crown Lands Act, 1989
(Occupational Health and Safety) and a
Traffic Control Plan. No government authority             The Crowns Land Act, 1989 provides for the
or Council approves or certifies the TMP, as              control and use of Crown Land in NSW. A
in itself it has no legal standing. Rather the            temporary Licence for use of Crown Land
TMP is a collection of statutory and common               may be issued under Section 108 of the
sense requirements and it is up to the event              Crown Lands Act, 1989 by Byron Shire
organiser to decide how the requirements are              Council where it is the Trustee of a Crown
to be met.                                                Reserve. Otherwise the Department of Lands
                                                          should be contacted to inquire about the use
For more information about how to prepare a               of Crown Lands under their care and control.
TMP refer to the RTA document Guide to                    The Department require an application for a
Traffic and Transport Management for                      temporary license in the form of a letter.
Special Events, available on the RTA
website, www.rta.nsw.gov.au. The Events                   Temporary licences may only be issued under
Application Form at the rear of this document             the Act for a use that is consistent with the
can form a part of the TMP.                               purpose of the reserve. This is not considered to
                                                          be an issue in most cases, because the majority
Section 122 of the Roads Act 1993 requires                of Crown Reserves that Council is Trustee of are
that public notice be given of the temporary              reserved for public recreation.
regulation of traffic that is anticipated under a
TMP. When Council and the RTA consider the                A temporary Licence must be issued by the
TMP and approve the Traffic Control Plan, the             Minister for Land & Water Conservation under
event organiser is then authorised to;                    Section 108 of the Crown Lands Act, 1989 for
                                                          use of vacant Crown Land, Crown Road
      deploy trained traffic controllers under the        Reserves and Crown Reserves for which a
      Roads (General) Regulation 2000;                    Trust Manager has not been appointed.
      regulate traffic under the Roads Act 1993
      as described in the Event Organiser’s                  For information concerning licences where
      TMP.                                                   Council is the Trustee, contact Council’s
                                                             Property Services on (02) 6626 7083.
Regulate traffic means restrict or prohibit the              For initial enquiries concerning licences
passage along a road of persons, vehicles or                 where The Department of Land has control,
animals. The regulation of traffic means that                contact can be made on (02) 6640 2020.
the closed portion of road must be safe for
pedestrians and any drivers that are
permitted access by the organiser.

2.2       Other Government Approvals

2.2.1     Roads Act, 1993                                 2.2.2 Road Transport (Safety and Traffic
                                                          Management) Act, 1999
A permit from the NSW Roads & Traffic
Authority under Section 144 of the Road Act,              Approval is also required from the
1993 is required for any event that involves              Commissioner of Police under Section 40 of the
the closure of the Pacific Highway.                       Road     Transport     (Safety    and    Traffic
                                                          Management) Act, 1999 for an event within a
                                                          public road that involves a vehicular race,
                                                          attempt at a speed record or other speed trial.
                                                          This approval is required prior to any approval
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by Council or the RTA for the temporary closure        2.2.5   Liquor Act 2007 commenced 1 July
and use of a road for an event under Section           2008
144 of the Road Act, 1993.
                                                       The Liquor Act provides the framework for the
2.2.3     Summary Offences Act, 1988                   sale of alcohol in NSW. The sale of alcohol in
                                                       NSW requires one of six different types of
A Notice of Intention to hold a public                 liquor license.
assembly is required to be served on the
Commissioner of Police under Section 23 of             Note that the Liquor Licensing Court will be
the Summary Offences Act, 1988. The Notice             replaced by a new Casino, Liquor and
of Intention to conduct a public assembly or           Gaming Control Authority under the NSW
procession requires the Commissioner’s                 Department of Liquor, Gaming and Racing.
approval. The notice must be served on the             This Authority will impose all necessary
Commissioner at least 7 days before the                conditions upon licensees to ensure that
event. If not, permission requires Court               likely liquor related harm is avoided.
approval under Section 26 of the Act.                  Additional conditions relating to harm
                                                       minimization, the control of noise, likely social
Appendix IV contains the public assembly               impacts, and protection of community
application form. To check whether your                amenity may also be included. Further
event requires Police Approval contact the             information is available on the website at
Byron Bay Police Station, Shirley Street,              www.olgr.nsw.gov.au/olgr_default.asp.
Byron Bay.
                                                       For all events likely to include the consumption
Telephone enquiries concerning a public                or sale of alcohol, then it is important that you
assembly approval can be made to Byron                 seek advice from Licensing Police and the NSW
Bay Police Station on (02) 6685 9499.                  Department of Liquor, Gaming and Racing well
                                                       before the event.
2.2.4     Maritime Services Act, 1935
                                                       Two types of license likely to relate to event
An “aquatic licence” from NSW Waterways                type activities are:-
Authority is required under clause 8 of the            • On-premises licence allows the sale of
Water Traffic Regulations of the Maritime                  alcohol primarily for the consumption on
Services Act 1935 for any boating or water                 the premises, and for consumption off the
activity that impedes the free navigation of               premises if specifically allowed. An on-
waterways, including sailing events, speed                 premises licence will generally not be
boat races, regattas etc. An aquatic licence               issued      where     sales,    supply   or
are granted to the Surf Life Saving                        consumption of liquor is the primary
Association of Australia for surf life saving              activity carried out on the premises.
carnivals in the State on an annual basis.                 Community Impact Statements will apply
                                                           in different formats to certain on-premises
A “hire and drive” licence is required for the             activities.
operation of a hire boat service on any                • Limited licence will apply to sporting club
waterway from the Waterways Authority.                     and community functions. These licenses
                                                           will be limited to non-profit organizations
A licence application to the Waterways                     generally, but may also apply to Regional
Authority requires the landowner’s consent                 and State events held by non-profit and
and such an application needs to be lodged                 for-profit organizations.
at least 6 weeks prior to an event.
Applications are referred to the Regional              While NSW Police are responsible for
Office at Coffs Harbour for determination.             enforcing the conditions of liquor licenses and
                                                       non-compliance with the Liquor Act in Byron
Telephone enquiries for an “aquatic” or “hire          Shire, there is increasing responsibility upon
and drive” licence can be made to the Ballina          licensees to better manage the sale of
Office of the Waterways Authority on                   alcohol and associated patron behaviour.
telephone 6686 4180.
                                                       For large events it may be necessary for the
                                                       event organizer to include trained and
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experienced people with responsible service             private organisation, such as a show, fete,
of alcohol qualifications (RSA Marshalls). The          carnival, cultural, religious or sporting event).
RSA Marshalls, who are completely separate
to security staff and bar staff, provide                Private fireworks displays associated with
additional capacity to assess and respond to            birthdays, weddings and the like are no
individuals and groups who may be                       longer permitted. Penalties apply to any
intoxicated, or otherwise affected by                   person holding a fireworks display without
substances used in conjunction with alcohol.            approval. The responsibility for enforcing the
Supervised ‘chill-out’ facilities, staged patron        Regulation    lies  primarily    with    NSW
discharge from the event, and the provision of          WorkCover (Dangerous Goods) and NSW
educational material to promote the limited             Police.
access to licensed venues (including night
clubs and hotels) after certain times                   Council is part of the approval process, and
(curfews), may also be required to protect the          will support legitimate applications where the
liquor license holder against community                 applicant can demonstrate;
complaints. Community groups are keen to
support alcohol-monitoring and educational                 they     hold    a     current  WorkCover
promotion as a component of large events. It               pyrotechnics license,
is not acceptable that events simply exclude               they include adequate prior warning and
or evict intoxicated persons leaving them                  consultation      with     the   immediate
vulnerable and likely to over-whelm the                    neighbours (particularly to reduce impacts
limited public health resources in Byron Shire.            upon native and domestic animals) as
                                                           part of their procedures,
Many of the restrictive conditions placed upon             they have adequate public liability
licensees will be removed under the Liquor                 insurance coverage, and,
Act 2007 to reduce complexity and costs.                   all relevant Authorities have been notified.
Additional penalties will apply for noise or
disturbance     or     anti-social   behaviour          Notification is required at least seven (7)
complaints and breaches of responsible                  days prior to the event or display to the Local
service of alcohol.                                     Council (mandatory), Water Police or
                                                        Waterways Authority.
2.2.6 Fireworks now regulated under the
Explosives Regulation 2005                              Notification is required at least two (2) days
                                                        prior to the event or display to NSW Police
Access to explosives, including fireworks, is           (mandatory) and NSW Fire Brigade
now restricted. The event organiser must now            (mandatory).
employ a WorkCover licensed pyrotechnician.
The pyrotechnician will only be issued with a           Other agencies such as Air Sea Rescue,
fireworks (single use) licence by NSW                   Coast Guard, Port Authority, or Civil Aviation
WorkCover if the event organiser has a                  Safety Authority may also be considered for
legitimate reason for the fireworks display             notification subject to the location of any
under the Explosives Regulation 2005.                   proposed fireworks display. Poorly managed
                                                        or poorly located fireworks displays may
The only reason for obtaining a fireworks               result in fires, personal injury, injury to stock
(single use) licence is for the purpose of an           and animals, damage to property, community
organised public display (for example, a                safety     concerns    or    an     unwarranted
community event open to the public, whether             emergency response.
or not for a fee, organised by a community or

2.3       Other Legislative Requirements

2.3.1     Occupational Health & Safety Act,             of all members of the public and staff that are
2000                                                    involved with an event, or likely to be affected
                                                        by an event.
The Occupational Health and Safety Act,
2000 places a duty of care on the event                 In the context of events, WorkCover expects
organiser to ensure the safety and well being           that the organisers in control conduct a
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thorough OH&S risk assessment in                      Council also requires that approval under
consultation with employees, unions and               Section 68 (F2) of the LGA be obtained
appropriate authorities.                              prior to the installation of any amusement
                                                      device. The Section 68 approval usually
When conducting an on-site event that involves        requires that a certificate from an
participants, event marshals, assistants,             appropriately qualified and experienced
employees, volunteers and spectators etc,             civil engineer is produced to council. Such
consideration should be given to:                     certificate must clearly indicate that the
                                                      proposed location of the mechanical
•   Traffic control systems that are needed           amusement       device     is   stable  and
    for the duration of the proposed event            structurally adequate for the loads applied
    (including setting up and close down              during the operation of such devices.
    periods if necessary) to ensure the health
    and safety of all classes of road user and
    with particular strategies for pedestrians
    accessing or passing the proposed site.
•   Appropriate safety equipment and                  2.3.2   Food Act 2003
    clothing such as high-visibility uniforms,
    personal protective equipment (PPE) etc.          The sale of food is regulated under the New
•   Adequate rest and refreshment facilities.         South Wales Food Act 2003 and Food
    Access to first aid and temporary                 Regulation 2004 (incorporating Australian
    amenities is required for major events.           and New Zealand Food Standard Codes).
•   Protection from excessive exposure to             The hygiene standards (Chapter 3 of the
    sunlight, heat, dust and noise.                   Food Standard Code) became law in NSW in
                                                      May 2001 with the gazettal of the Food
Mechanical rides (Amusement Devices)                  Regulation. This law applies to all food outlets
                                                      and service arrangements at an event.
While there are many specific requirements
under the Occupational, Health and Safety             Council requires compliance with all the
Act, 2000 and OH&S Regulations, there are             general requirements as well as those that
specific requirements that all mechanical             apply to food vehicles and stalls. The
rides are to be covered by a current NSW              requirements for hygiene are available from
WorkCover certification (known as an “x” or           the New South Wales Food Authority
green card).                                          [www.foodauthority.nsw.gov.au]   or   Food
                                                      Standards     Australia    New      Zealand
Council require strict compliance with all            [www.foodstandards.gov.au].
conditions set out on the WorkCover
certificate and will wish to see the permanent        In February 2002 with the implementation of
mark matching the certification on the device.        Standard 3.2.2 it became law in NSW for
A certificate of currency for public liability        every food business and every temporary
insurance to the value of at least twenty             event where food is sold, to complete
million dollars ($20,000,000), WorkCover              notification on the NSW Food Authority
certification and any related operating safety        website [www.foodnotify.nsw.gov.au]. Apart
manuals must be held on the site and                  from certain non-profit operations the
available for inspection by any authorised            registration applies to all temporary food
person. Adequate child-resistant barriers and         stalls and caravans as well as fixed food
secure anchorage requirements may need to             storage,      preparation     and     sales
be maintained around certain amusement                establishments. The event organiser must
devices to prevent impact or injury while the         ensure all food businesses are registered
device is operating.                                  with the NSW Food Authority.

For more information concerning these                 2.3.3 Protection of        the   Environment
types of licences contact WorkCover on                Operations Act, 1997
telephone 13 10 50 or view its website
www.workcover.nsw.gov.au                              The object of the Protection of the
                                                      Environment Operations Act, 1997 is
                                                      essentially to prevent pollution of elements of
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the environment including land, air, water or        Health & Environment Services on telephone
noise.      Scheduled      activities require        6626 7054 or the Environment Protection
Environment Protection Licences. An event is         Authority on telephone 13 1555 or view its
unlikely to require such a licence.                  website at www.epa.nsw.gov.au

For more information concerning the
requirements of this Act contact Council’s




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                                PART 3 – GUIDELINES

3.1       The Proposal
            3.1.1 Event             The event organiser must be an individual or incorporated
            Organiser &             organization that can demonstrate competencies required to
            Operational             run an event. Previous experience and success in running
            Manager                 events is always helpful in this regard. The event organiser
                                    must be prepared to take total responsibility for the event that is
                                    proposed.
                                     An individual must be nominated as the operational manager
                                    by the event organiser who will be the contact person on the
                                    ground. The nominated person must be able to demonstrate
                                    competencies in running events.

            3.1.2   The Site

            Location                The site will need to be carefully selected for suitability, i.e. it is
                                    not suitable to have a mechanical amusement device on a site
                                    potentially unable to support the total mass and combined loads
                                    or a potentially noisy event immediately adjacent to residences.
                                    The site should not create significant changes to traffic flows,
                                    especially for emergency services, or be subject to flash
                                    flooding in the event of a sudden storm.

            Conflict with present       Substantiate that there are no other uses that are proposed
            uses                        for the site or adjoining land that could potentially create a
                                        conflict, nuisance or compromise the safety and security of
                                        the public.
                                        Commercially, it is also important to ensure the event does
                                        not compete with similar types of events in nearby locations.

            Noise                       Depending on the location and nature of the proposed
                                        event, noise may be a significant issue. Council is guided by
                                        the Environment Protection Authority in relation to outdoor
                                        entertainment and other events.
                                        Generally noise becomes a problem when the nature and
                                        character of the noise can be detected against the
                                        background noise level at the time at which it is made.
                                        Sometimes sound has an intrusive character such as
                                        aggressive vocal renditions or heavy bass beat. Amplified
                                        sound generated between 10pm and 8am is most likely to
                                        cause intrusion into residences and interrupt the peaceful
                                        enjoyment and rest of neighbours. Event organisers must
                                        address such issues prior to organising any event.
                                        Any amplified noise created should not be assessable as
                                        ‘offensive’ as defined by the Protection of the Environment
                                        Act 1997. Sound levels (decibels) are measured against the
                                        normal ‘background’ level at the time at which it is made at
                                        the nearest residential boundary (or curtilage of a dwelling
                                        in a rural area). Absolute upper limits are established by the
                                        EPA Industrial Noise Policy (2000).

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                                 Council may require a detailed noise assessment report
                                 from a suitably qualified and experienced acoustic
                                 consultant for major events or any event (eg all-night dance
                                 party) in sensitive locations.
                                 Effective management of noise may also require monitoring
                                 of the event with appropriate equipment or the use of a
                                 device to switch-off the amplification equipment once a
                                 predetermined maximum noise level is exceeded.

          Mechanical Rides    Mechanical rides may only be set up on suitable sites,
                              preferably level and sufficiently firm to withstand the operation
                              of the ride in all weather conditions.

          Road Closures       The temporary closure of main roads and classified roads for
                              events will not generally be permitted.

          Temporary           Council will not normally permit a temporary residence on public
          Residencies         land. The only instances where a temporary residence might be
                              considered is to provide overnight security and for the tending
                              of animals.

          3.1.3 The Type of   Given the variety and innovation that can occur in relation to
          Event               events, Council does not have any particular guidelines or
                              limitations in respect of the type of events that might operate,
                              except that they must be in the public interest and must be of a
                              type that is acceptable to the general public.

          3.1.4 Duration of   Given the variety of events, Council does not have any
          Event               particular guidelines in respect to the duration of an event. In
                              general however, an event on a public place will not be
                              permitted over more than one day and will be limited to
                              between 9.00 am and 11.00 pm (inclusive of set-up and close-
                              down activities).
                              Where the proposed event is to be held after sunset,
                              consideration needs to be given to lighting of entrances, exits,
                              pathways, areas where toilets are located etc.

          3.1.5 Size of       Council will ensure limitations on the size of events and the
          Event               maximum numbers of people that they will attract, so that
                              impacts on the residential community are minimised. The event
                              size will also be limited by the amount of car parking available
                              at the site.




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3.2       Management
           3.2.1   Layout        A site plan drawn to an appropriate scale is to be submitted
                                 to Council with the application forms.
                                 Event organisers should carefully consider the layout of the
                                 event in the context of existing site features.
                                 The layout must take into account requirements for
                                 emergency vehicle access including heavy fire trucks,
                                 ambulances, access for servicing of garbage receptacles
                                 and toilets, movement in and out by stallholders and staff
                                 and sufficient space for free movement of the public,
                                 especially during a fire or other emergency evacuation.
                                 Adequate and effective lighting also needs to be addressed
                                 for all activities occurring between sunset and sunrise.
                                 Adequate car parking must be available at the site so not to
                                 impact on residential amenity via street parking.
           3.2.2 First Aid,      Council requires detail of the first-aid facilities and qualified
           Safety and            personnel that will be stationed at the event.
           Security              Details of the security measures and personnel that are
                                 proposed to ensure public safety and crowd control will need
                                 to be addressed.
                                 Under circumstances where fires or fireworks are proposed,
                                 additional designated fire-fighting water supplies and
                                 specially qualified fire marshals may also be required.
                                 A detailed emergency evacuation plan that includes safe
                                 paths of travel for all patrons and participants, appropriate
                                 directional signs (illuminated between sunset and sunrise),
                                 emergency lighting to guide evacuees to the designated
                                 emergency exits, marshalling areas and trained personnel to
                                 coordinate an orderly emergency response are essential for
                                 all Major Events.
           3.2.3 Public          Event Organiser shall effect and maintain at their cost an all
           Liability Insurance   risks and public liability insurance policy to a minimum of
                                 twenty million dollars ($20,000,000) risk or such higher
                                 amount as Council may determine appropriate.
                                 Proof of currency of the policy shall be submitted to Council
                                 prior to the event being held.
                                 Council will require the insurance to be from a reputable
                                 insurance company.
           3.2.4 Protection      Event organisers are responsible for ensuring that in the
           of the                preparation, or running of an event, that land contamination,
           Environment from      air or water pollution does not occur.
           all likely sources    It is essential to ensure the pollution of waters does not
           of pollution          eventuate. Particular reference is made to sediment control if
                                 any earthworks are undertaken or placement of metal dust.
                                 Vehicle washing will not be permitted as waste water and
                                 detergents can readily enter waterways causing pollution.
                                 Provision must be made to collect, store and transport off-
                                 site all solid and liquid wastes.
                                 Special provisions for temporary food stalls and temporary
                                 amenities must be approved by council prior to any Event.
                                 Event organisers are advised to include effective waste-
                                 minimisation and recycling strategies in any proposal for an
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                                 event.
          3.2.5 Traffic          An application for an event likely to impact on a public road
          Control                or footpath will be referred to Council’s Traffic Advisory
          Byron Shire Local      Committee.
          Traffic Advisory       The Committee meets every two months and is made up of
          Committee              representatives of Council’s staff, NSW Police and the
                                 Roads and Traffic Authority (RTA).
                                 The Committee will review the application, and make a
                                 recommendation to Council about the traffic management
                                 aspects of the event. Providing advice on the acceptability of
                                 a proposal, necessary amendments to the proposal, and the
                                 need and requirements for a Traffic Control Plan.
                                 Council considers the recommendation of the Committee along
                                 with other issues such as environmental impact, noise, safety,
                                 waste etc.
                                 Adequate car parking must be available and provided for in any
                                 application.
                                 Where Council agrees to support the event, a schedule of
                                 conditions is issued to the event organiser. This outlines the
                                 conditions under which the event may proceed.
                                 Event organisers should consider the frequency of Local
                                 Traffic Advisory Committee meetings when preparing for an
                                 event. Any application for a Major Event should to be
                                 submitted to Council at least four months prior to the date
                                 proposed to be held, given that the Committee meets only
                                 six times each year. After the matter has been considered by
                                 the Committee, a report is prepared for resolution by
                                 Council. All recommendations of the Committee must be
                                 considered by a formal Council meeting and receive formal
                                 endorsement. It is also council’s policy to advertise all road
                                 closures for a period of at least 28 days prior to any closure
                                 of roads for events.
                                 Unless the proper process is followed, no closure of public
                                 roads or use of road reserves is permitted.
          Traffic Control Plan   It is common practice to manage safety by creating one or
                                 more Traffic Control Plans. A Traffic Control Plan describes
                                 the use of traffic control devices such as signs and barriers.
                                 Traffic Control plans are risk management plans for traffic.
                                 When a Traffic Control Plan is used it must be prepared by a
                                 suitably qualified person, such as a Certified Traffic Control
                                 Planner. A Certified Traffic Control Planner is qualified to create
                                 traffic control layouts and to supervise their installation and use.
                                 These persons can be found under Transportation Consultant in
                                 the Yellow Pages if plans or advice are required.
                                 Traffic Control Plans must also be prepared to an accepted
                                 standard such as the Australian Standard 1742 and the
                                 RTA’s Guide to Traffic Control at Worksites Manual. An
                                 example of a Traffic Control Plan is available in the RTA
                                 publication “Traffic Management for Events” which can be
                                 viewed at www.rta.nsw.gov.au
                                 It can generally be assumed that the Byron Shire Local Traffic
                                 Advisory Committee will require the preparation of a Traffic
                                 Control Plan for major events. The events that are defined as
                                 major events can be further reiterated and expanded to include:
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                               o Events that involve road closures;
                               o Events proposed on or adjacent to a sub-arterial road or
                                  higher in the identified Road Hierarchy for Byron Shire.
                               o Events on or adjacent to Central Business Districts
                                  notwithstanding a lower classification in the Road Hierarchy.
                               o Major events that are likely to attract more than 3000
                                  persons at any one time.
                              A Traffic Control Plan needs to address a range of issues,
                              including parking, maintenance of traffic flows, pedestrian
                              safety, signage appropriate for the nature of the proposed
                              event, accreditation and positioning of traffic control
                              personnel, access for maximum use of public transport,
                              disabled parking and access etc.
                              Council can prepare Traffic Control Plans for certain events
                              on behalf of the event organiser. A fee for this service will be
                              charged by Council.
          3.2.6 Animals       It is not permitted to have dogs, other animals or birds at any
          (Unless approved    stall or within any amusement except where the animal is an
          by Council in       assistance animal or otherwise permitted by legislation.
          writing)            The bringing of dogs onto some event sites, for example a
                              companion animals event, by the public may be permitted
                              where the animals are controlled by a chain, cord or leash.
                              Council reserves the right to prohibit the bringing of animals
                              onto event sites where it is considered undesirable or pose a
                              risk to the safety of members of the public.
                              In New South Wales it is also an offence under the Food Act
                              2003 to allow animals within any area used to store, prepare
                              or sell food.
          3.2.7 Temporary     Refer to the State Environmental Planning Policy
          Structures at       (Temporary Structures and Places of Public Entertainment)
          Events              2007. http://www.legislation.nsw.gov.au/
                              All temporary structures must ensure that they comply with
                              the statutory minimum requirements under the Building Code
                              of Australia.
                              Where substantial tents, stages, tiered seating, lighting
                              gantries, cinema screens, storage containers or similar
                              structures are proposed, Council will require evidence from a
                              suitably qualified and experienced practicing structural
                              engineer that the temporary structure has been assembled
                              and are adequate for the intended purpose. The certifying
                              engineer will be required to state limitations such as live
                              loads and maximum wind loadings for all temporary
                              structures at Major events.
                              Council officers may wish to inspect the assembled structure
                              prior to its use. A fee will be charged in accordance with
                              Council’s adopted fees and charges for this service.
                              It is strongly recommended that promoters contact Council’s
                              Building Services to discuss these specific requirements and
                              allow sufficient time for the application to be processed.
          3.2.8 Signs         Signs promoting an event require prior approval of Council.
          associated with     Signs may not be placed on land, trees, electricity poles,
          any event require   walls etc outside the site without the prior written permission
          approval            of Council. Council is aware that other authorities generally
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                                do not permit temporary signs to be displayed on their
                                buildings or structures such as poles and road safety signs.
                                Council’s longstanding policy in respect of Banner signs is
                                provided in appendix VI.
          3.2.9 Tobacco         Smoking of tobacco is prohibited in any enclosed space to
          Smoking               which the public is admitted.
                                Amendments to the Public Health Act 1991 also prohibit the
                                sale of tobacco products from temporary booths, stalls or
                                mobile vendors at any event.
                                Enquiries about the requirements are available from the
                                Division of Population Health, Northern Rivers Health
                                Service Lismore office on (02) 6629 7500.
          3.2.10 Ecological     Some temporary events may be proposed in locations
          considerations for    around Byron Shire that have significant ecological or
          events located in     environmental characteristics.
          Byron Shire           Land identified in the Byron Shire Biodiversity Strategy that
                                has been found to support threatened or endangered flora or
                                fauna is unlikely to get support for any event.
                                It is important to consider the potential implications of any
                                new event on resident or migratory native species.
                                Council has detailed geographical information system (GIS)
                                mapping for the shire that is available upon request for any
                                prospective event site. Further information can be obtained
                                from council’s ecologist in Health & Environment Services by
                                telephoning 6626 7126.
          3.2.11 Application    If a community organisation is interested in receiving a
          of Council Policies   donation from Council, in the form of Council services, such
          for donations to      as the preparation of a Traffic Control Plan, it is necessary to
          Community             apply in May/ June under Policy 4.15 or 3.13. This allows
          Organisations         Council to consider all requests for donations concurrently
                                and allocate funding from the Council budget.
                                Community organisations who do receive a donation from
                                Council must manage their finances prudently to ensure that
                                they can meet the fee charged for preparation of a Traffic
                                Control Plan or any other application made to Council when
                                required.
                                Council will not waive the fee for preparing a Traffic Control
                                Plan or any other application made to Council simply
                                because the funding provided the previous September has
                                been spent on other items. Double dipping, as has occurred
                                in the past, is unfair to other community organisations that
                                better manage their finances.
          Council’s Policy      Aims to provide an appropriate level of assistance to
          4.15 Assistance for   community organisations through the use of Council
          Festivals and         resources.
          Community             Aims to provide an equitable basis for the recovery of
          Functions             Council’s costs for the road closures associated with
                                community events.
                                The General Manager may authorise assistance to
                                community organisations through the provision of funding
                                where the activity proposed is for charitable purposes only.
                                The funding is designed to cover the costs of items such as
                                the preparation of a Traffic Control Plan, any other
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                                application made to Council, and implementing traffic
                                control.
                                Expressions of interest are sought before the beginning of
                                each financial year from community organisations with
                                successful applicants advised in August and funding made
                                available in September.
          Council Policy 3.13   Aims to provide guidelines for the management of financial
          Donations to          donations made by Council to community organisations in
          Community             the provision of services and facilities to the benefit of
          Organisations,        residents.
          Other Groups and      Aims to properly record all donations and eliminate hidden
          Persons               subsidies.
                                Requests for Council services, such as the preparation of
                                Traffic Control Plans for an event, access to Council services
                                and staff resources must be made by a formal application
                                under Policy 3.13.
                                Applications are sought before the beginning of each
                                financial year for inclusion in the Management Plan process,
                                with successful applicants advised in August.
                                It is the purpose of Policy 3.13 to eliminate the hidden
                                subsidy historically given to organisations that do not apply
                                formally for a donation, but instead request that Council
                                provide services free of charge later in the year.
                                The process also eliminates undue pressure upon the
                                decision making process when event organisers have failed
                                to prearrange for an application for Council support for their
                                event.




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3.3       Ancillary Activities
            3.3.1   Food                 Council Environmental Health Officers may conduct food
                                         stall inspections and fees will be charged in accordance with
                                         the Council’s adopted scale of fees and charges.
                                         Local temporary food businesses with a current permit from
                                         Council are recommended as they have been assessed for
                                         compliance with the Food Act and are equipped to operate
                                         at event sites.
            3.3.2 Alcohol                Details of any proposal to provide, sell or consume alcohol
                                         needs to be included in any application for an event.
                                         The consumption of alcohol is not generally permitted in
                                         most of Council’s parks, sporting fields or reserves.
                                         Council reserves the right to prohibit the sale and
                                         consumption of alcohol at any event or to impose conditions.
                                         The use of glass containers to serve alcohol is prohibited for
                                         safety reasons.
                                         If an event organiser wishes to prohibit the consumption of
                                         alcohol, a Council endorsed sign will need to be erected
                                         stating such, so Council’s Rangers or other Compliance
                                         Officers can enforce this prohibition under Section 632 of
                                         the Local Government Act, 1993.
            Alcohol free zones        Byron Shire Council has alcohol free zones (AFZ) declared
                                      under Sections 644 to 644C of the Local Government Act 1993.
                                      Temporary revocation of AFZ for an event requires the formal
                                      consent of the elected Council. Allow adequate prior notice (3
                                      months or more) for reports to be written and submitted into the
                                      adopted meeting schedule.
            Sale of Alcohol           Where it is proposed to sell alcohol at any event, the following
            Requirements              requirements must be satisfied;
                                         An ‘Alcohol Management Operations Register’ to be
            (The excessive               completed prior to the event;
            consumption of               Alcohol sold must not be available in glass or glass bottles.
            alcohol, coupled             Only plastic or other staff containers are allowed.
            with the use of illicit      Adequate numbers of qualified security personnel holding
            drugs, has resulted          NSW RSA qualifications to be stationed at all liquor sales
            in violent behaviour         outlets selling alcohol to ensure under-age or excessive
            that caused serious          consumption of alcohol is prevented;
            injury to both               The licensee who has been granted the temporary liquor
            patrons and event            license to be on the event site at all times while the alcohol
            staff)                       sales outlets are in operation;
                                         Only staff with NSW RSA qualifications to be employed at
                                         liquor sales outlets;
                                         All required warning signs to be displayed at all liquor sales
                                         outlets;
                                         Low-alcohol and non-alcoholic beverages to be available;
                                         Free drinking water to be provided at all liquor sales outlets;
                                         No prohibited activities, as listed in the “NSW Liquor
                                         Industry Code of Practice for the Responsible Promotion of
                                         Liquor Products” permitted;
                                         The local hospital, NSW Ambulance Service and first-aid
                                         facilities to be notified of the particulars of the alcohol sales

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                              for the duration of the event;
                              In association with the event organizer, the licensee shall
                              ensure that adequate ‘responsible consumption of alcohol’
                              promotional materials and breath-analysis equipment be
                              provided by trained persons where there is a risk of alcohol
                              affected patrons driving a motor vehicle while affected by
                              alcohol.
                              Where an ‘alcohol-free’ event is proposed, the event
                              organizer shall ensure that breath-analysis equipment be
                              provided by trained persons where there is a risk of alcohol
                              affected patrons entering the event or where individuals
                              excluded from the event are likely to drive a motor vehicle
                              while affected by alcohol.
          3.3.3 Carnival      Carnival amusements devices must have a current public
          Amusement           liability insurance policy for not less than ten million dollars
          Devices             ($10,000,000). Council authorised officers may request
                              evidence and receipt clearly showing that the policy is valid
                              for the period the event.
                              All mechanical rides are covered by a current NSW
                              WorkCover certification (known as an “x” or green card).
                              Council requires strict compliance with all conditions set out
                              on the WorkCover certificate and will need to see the
                              permanent mark matching the certification on the device.
                              WorkCover certification and any related operating safety
                              manuals must be held on the site and available for
                              inspection by any authorised person prior and during
                              operation of the amusement devices.
                              Mechanical rides may only be set up on suitable sites,
                              preferably level and sufficiently firm to withstand the
                              operation of the ride in all weather conditions.
                              Adequate child-resistant barriers and secure anchorage
                              requirements may need to be maintained around the
                              amusement devices to prevent impact or injury while the
                              device is operating.
                              Non-mechanical amusement devices (including ‘jumping
                              castles’) must satisfy the Building Code of Australia
                              standards for “Spread-of flame” and “Smoke-Developed”
                              index where combustible fabrics are used in the construction
                              of the amusement device.
          3.3.4   Fireworks   A “display fireworks permit” needs to be obtained from NSW
                              WorkCover for the display of any public fireworks.
                              Private fireworks activities are prohibited under Clause 34 of
                              the Explosives Regulation 2005.
                              Land owner must consent to the firework display either to
                              obtain a permit or as a condition of a permit.
                              Council has no specific requirements on public displays of
                              fireworks on land it owns or under its care and control,
                              except that such land should be suitably setback from the
                              adjoining land users and not cause undue interference with
                              the amenity of the area.
                              Clause 48 of the Explosives Regulations, 2005 requires that
                              council, NSW Police Service and the Local Fire Authority of
                              the area are notified prior to the event. Any request for
                              exemption from a fire ban needs to be obtained from the
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                             Local Fire Control Officer.


          3.3.5 Temporary    NSW Health Department requires face painters and persons
          Tattoos and Face   applying temporary tattoos to take all necessary precautions
          Painting           to prevent spread of disease or injury to patrons.
                             Activities must be conducted while observing appropriate
                             safety and personal hygiene standards, only using products
                             and solvents guaranteed suitable for application to human
                             skin, and where the operator excludes any patron with
                             obvious signs or symptoms of illness.
                             Details are available from Council or by reference to the
                             Division of Population Health, Northern Rivers Health
                             Service Lismore office (02) 6620 7500




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3.4       Services
            3.4.1 Toilet and           The number of toilets, basins and showering facilities (where
            ablution facilities        applicable) required can be determined by reference to a
                                       formula set out in table F2.3 –Sanitary and other Facilities,
            (It is desirable that      Health and Amenity, obtained from the Building Code of
            all persons                Australia.
            attending the event        For outdoor events the requirements for a class 9b building
            can be serviced via        are applied.
            permanent toilet and       Where temporary facilities are required (particularly at Major
            ablution facilities        Events of longer duration) it is Council’s preference that
            connected to the           portable blocks with proper flushing systems and wash hand
            Council’s sewerage         basins be provided. Adequate storage capacity, access for
            system.)                   servicing, safe access (including adequate lighting if
                                       required between sunset and sunrise) for all users, and
                                       amenities for disabled participants and patrons must be
                                       provided.
                                       For major events Council will require specifications as to all
                                       portable toilet, hand wash basin and shower facilities.
                                       An agreement with an EPA licensed liquid waste transporter
                                       must be provided to council’s liquid trade waste officer at
                                       least seven days prior to any event.
                                       All toilet and shower facilities (where applicable) are to be
                                       kept clean, free of odour, and fit for use throughout the
                                       event. It is important that the storage, removal or transport
                                       of wastewaters does not cause nuisance, pollution or a
                                       public health risk. It will be expected that all liquid waste be
                                       completely removed from the site within 24 hours of the
                                       event.
            3.4.2    Water             The event organiser must consider the availability of potable
                                       water that is needed for drinking, washing etc and the
                                       supply source. If an extensive quantity of water is required
                                       and it is sourced from a Council supply, Council may require
                                       it to be metered and paid for.
                                       Other sources of water will need to be to the potable water
                                       standards of the National Health and Medical Research
                                       Council.
                                       Where alcohol is served or sold and/or open air musical
                                       events occur, Council requires that the event organiser
                                       provides free of charge safe drinking water points that are
                                       accessible to all patrons and participants.
            3.4.3    Solid Waste    Event organisers must consider the following to prevent the
                                    generation of excessive waste and litter at the event. Objectives
            (The Waste              of a sound waste management plan include:
            Avoidance and               Encourage waste avoidance and recovery strategies;
            Resource Recovery           Ensure that the amount of waste generated by every event
            Act 2001 states             is reduced or recovered as recyclable materials;
            principles that are         Event organisers and their stakeholders are required to
            intended to produce         implement responsible purchasing and waste avoidance
            a positive                  strategies;
            environmental               Event vendors and food businesses are required to use
            outcome for all             appropriate environmentally friendly packaging and products
            events.)                    without compromising public health or safe food handling

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                                regulations;
                                Effective use of recovery (bin) stations to minimise the
                                amount of waste deposited in landfill;
                                All events to maximise the educational opportunities to raise
                                community awareness on waste avoidance and resource
                                recovery issues.
                                Following the event, collate the recycling and waste
                                information so that future events can be better targeted to
                                reduce the waste generated and maximise the recycling
                                opportunities.
          Waste Management   A Waste Management Plan identifying the location of waste and
          Plan               recycle bins must be submitted to Council’s Asset Management
                             Services with the application form to hold an event. The
                             following issues are to be considered when devising the plan:
                                  Numbers and location of recycling and waste containers?
                                  Good bin management is about correctly estimating the
                                  number of bin stations needed, and placing them in the most
                                  appropriate positions.
                                  How often will the recycling and waste containers need to be
                                  emptied?
                                  If recycling and waste bins need to be emptied during the
                                  event, are they accessible? Back of house bin stations are
                                  generally not accessible and need to be clearly marked to
                                  prevent contamination of recycling that is likely to result in
                                  disposal at landfill as waste (at considerable cost to the
                                  event).
                                  The total number of food and beverage outlets? Are you
                                  providing containers for waste oils and cardboard packaging
                                  for food and beverage outlets?
                                  The number of mobile recycling and waste bins needed for
                                  the event?
                                  The nature and duration of the event.
                                  The site specific characteristics.
                                  The distances patrons have to walk to access mobile
                                  recycling and waste bins.
                                  The methods proposed to clearly identify and promote
                                  effective recycling and waste management at the event.
          Waste Management      Event organisers are responsible for all costs incurred in
                                relation to waste management including the provision of
                                additional recycling and waste bins, collection and disposal.
                                Event organisers must make adequate staff arrangements
                                during and at the conclusion of the event (or each day) to
                                ensure that all recycling, solid waste and litter are removed
                                from the event site and any adjoining areas.
                                Council requires that all wind blown or otherwise deposited
                                litter arising as a direct result of the event taking place, will
                                be collected and removed by the event organiser.
                                Recycling bins should be provided for the collection of
                                recyclable materials.
                                Public announcements and /or education activities are to be
                                conducted at regular intervals throughout events to educate
                                patrons about the location and use of the garbage and
                                recycling bins.
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                                The use of glass bottles is prohibited for obvious safety
                                reasons.
                                To reduce waste, the quantity of printed programs and
                                material should be limited to encourage patrons to share.
                                The indiscriminate distribution of promotional material
                                should be prohibited. Promotional material should only be
                                handed out to visitors who show an interest.
                                Recyclable, re-usable or compostable containers should be
                                encouraged whenever possible. Reduce the use or sale of
                                all products with excessive packaging.
                                The event organiser is responsible for the final clean up of
                                the site and immediate surrounds, removing any material
                                that may have originated from the site during the event. The
                                total site clean up shall be completed to Council’s
                                satisfaction, before any application for a refund of bonds will
                                be considered.
                                NB The placement of advertising pamphlets on windscreens
                                in car parking areas is an offence under the Protection of the
                                Environment Operations Act 1997. On-the spot penalties of
                                $200 for an individual or $400 for a company apply.
                                Useful information on how to make your event ‘wastewise’,
                                and produce an achievable waste management plan can be
                                found on the NSW Department of Environment and Climate
                                Change (DECC) website
                                www.environment.nsw.gov.au/wastewiseevents. Other
                                useful sites include www.zerowaste.sa.gov.au ,
                                www.ecorecycle.vic.gov.au and
                                www.sustainability.vic.gov.au
          3.4.4   Electricity   A safe supply of electricity sufficient to cater for the event,
                                including the needs of anticipated food vehicles/stalls
          (All set up and       (especially those with hot and cold food storage and water
          installation must     heating needs) is to be available from the supply authority
          conform to            mains via an approved supply pole equipped with all
          Australian and New    necessary safety devices (as prescribed by legislation), or
          Zealand Standard      other suitable and safe alternative. This work must be
          AS/NZS 3002)          carried out by a licensed electrician and conform to the
                                relevant Australian Standard.
                                It should be noted that special arrangements exist for the
                                electrical set up within Shows, Carnivals and similar events.
                                In some instances supply may need to be supplemented or
                                rely solely on generators.
                                Licensed electricians must carry out all electrical
                                installations in relation to the event.
                                All electrical leads and appliances should display current
                                tags identifying the accredited electrical tester and the date
                                determined for re-testing. Damaged or untested electrical
                                equipment must not be used. A certificate must be provided
                                by the licensed electrical tradesperson at the completion of
                                all installation works.
                                Electrical generators will require fuelling and operational
                                checks. Appropriate checks and refuelling arrangements
                                need to be made to ensure continuity of electricity supply
                                and safe refuelling practises. The ignition keys should be
                                secured in such a fashion as to prevent removal, particularly
                                for isolated lighting tower units. If the keys cannot be
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                                secured, a responsible person should be appointed to hold
                                the keys to ensure reliable and safe operation of all
                                electricity generation appliances. Electrical generators to be
                                operated strictly in accordance with the manufacturer’s
                                instructions.
          3.4.5 Liquefied       The LPG installation on any food vehicle shall be installed
          Petroleum Gas         by a licensed gasfitter.
          (LPG)                 The Australian Dangerous Goods Code 1998 (Federal
                                Office of Road Safety) applies to any vehicle with a gas
          (Installation shall   installation that is to operate on a public road. A current
          comply with the       compliance plate shall be affixed to the vehicle.
          provisions of         NB The removal of any gas appliance or changes made to
          Australian Standard   the original gas installation require further certification and
          1596-1997 Storage     affixing of a new compliance plate. Any vehicle not fitted
          and Handling of LP    with a compliance plate applicable to the current installation
          Gas and Australian    will not be permitted to operate.
          Standard 5601-2000    Any gas fired appliance used in the open may not have a
          Gas Installations)    gas bottle greater than 9 Kg attached to an appliance and
                                the bottle must be retained (so that it cannot be tipped over).
                                All LPG bottles shall be free of defect and kept in sound
                                operating condition. All LPG bottles must be re-tested and
                                stamped every ten years. Gas regulators and flexible
                                connector hoses quickly deteriorate so regular testing and
                                replacement is necessary to prevent a risk of fire or
                                explosion. LPG appliances must be operated strictly in
                                accordance with the manufacturer’s instructions.




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3.5       Greening Your Event
           Travel               Provide opportunities for event patrons to utilise ‘green
                                travel options’. This may include:
                                 o Arranging systems for patrons to car pool to and from
                                     the event e.g. online website for ‘ride-share’,
                                 o Liaise with public transport companies to create
                                     integrated public transport to and from the event,
                                 o Examine opportunities for bicycle hire,
                                 o Provide options for event patrons to offset their travel
                                     emissions. This may include engaging companies to
                                     offset travel emissions (companies that invest in
                                     accredited GreenPower are recommended) OR
                                     alternatively, require event patrons pay a flat-rate
                                     carbon levy at the festival gate/venue entry point.
           Performers &         Assess in advance the travel needs of event
           Presenters           performers/presenters and incorporate costs for offsetting
                                their travel into the event attendance price and/or make a
                                voluntary offsetting scheme available for event
                                performers/presenters to consider.
           Energy Reduction     Assess the prospective energy consumption for the
                                event/venue and examine options for energy
                                efficiency/reduction. This may include:
                                 o Undertake a detailed energy audit to reveal opportunities
                                      for energy reduction throughout the event,
                                      encompassing lighting, equipment, generators etc,
                                 o Running the event on 50-100% accredited GreenPower.
           Resources &          Undertake a comprehensive waste analysis for event/venue
           Waste Reduction      to document incoming and outgoing materials/resources,
                                Examine all opportunities to promote and engage recycled,
                                local, minimal-to-no packaging or biodegradable
                                materials/products in event management, trade and
                                catering.
                                Ensure adequate and clearly-marked waste
                                recycling/recovery facilities are available and readily
                                accessible.
                                Examine the possibility of separating organic matter for
                                composting or worm farming.
                                Encourage suppliers/vendors that support these principles.
           Promotion            Employ or designate personnel to oversee and coordinate
                                sustainability initiatives of the event.
                                Engage local environmental groups to participate in event.




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                              PART 4 – COUNCIL APPROVAL PROCESS

4.1       Check List

Prior to discussions with Council and other organisations regarding the various requirements and
approvals for an event, the event organiser should consider and be able to address the following
matters:

          Proposal             Management                    Ancillary        Services
                                                             Activities
          Event Organiser      Layout including              Food storage     Toilets and
          & Operational        emergency vehicle             and sale         Ablution
          Manager              access                                         facilities
          Location/Site        Public transport, Traffic     Alcohol          Solid Waste
                               management, Parking,          Drinking water
                               disabled access
          Type & purpose       First aid, Certification,     Amusement        Electricity
          of event             qualified contractors         devices          Water
          Timing & duration    Emergency planning,           Coordinated      LP Gas,
                               management and                inspections      recycling
                               coordination, OH&S
          Estimated Crowd      Safety, facilities required   Crowd control    Lighting, safe
                                                                              access
          Previous events      Security, Noise,              Neighbourhood
                                                             impacts
          Conflicts with       Public Liability Insurance    Community       Reduce traffic
          present users                                      information     impacts,
          Impact               Pollution Control, Traffic    Traffic Control Emergency
                                                                             services
          Noise                Animals, amplified            Monitoring,     Communication
                               music, sensitive              response to
                               receivers, timing of          complaints
                               activities
          Temporary            Temporary Structures,                          Prevent land,
          residencies          Places of Public                               air and water
                               Entertainment (POPE)                           pollution
          Promotion            Signs approved

4.2       Application Form

An application for all the necessary licences and permits required from Council under the Local
Government Act, 1993, The Roads Act, 1993 and the Crown Lands Act, 1989 can be made by
filling out an “Event Application” form provided in Appendix I.

The application form generally requires the check list above to be addressed. Special attention
should be paid to the details that outline the essential nature and characteristics of the event
including:

      •   Who will be the event organiser and the operational manager.
      •   The purpose of the proposed event.
      •   The estimated number of people likely to attend.
      •   The date and times of the event.

This event guideline outlines the key issues which Council considers to be important, however,
because of the varied nature of events Council needs to retain a considerable degree of
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discretion in assessing applications. For example, Council may require additional details on a
proposed event in addition to the details specified in this guideline or on the Events Application
Form.

NB: A development application will need to be lodged in conjunction with the Events Application
form where the event is proposed on private land.

4.3       Applicant

The applicant shall be the event organiser and the approval shall be contingent on this role not
being transferable, except with Council authorisation.

The event organiser shall be responsible to organise the event and the manner in which it will
operate. The event organiser will be required to nominate an operation manager who will be
responsible for the management of the event on the ground and the contact person for enquiries,
negotiations and directions by the Council Officers and other Government Agency
representatives in respect of their various statutory responsibilities and powers.

Details of previous experience of the event organiser and the operational manager in organising
and managing events or the like will need to be provided as part of the application.

4.4       Timing of Application

An application for a “major event” must be submitted at least three months before the event.
Other applications (for “minor events”) must be submitted at least two months before the event.

4.5       Owner’s Endorsement

The “Event Application” form will need to be endorsed by the owner of the land.

Council is the “land owner” that has the power to endorse the application in the following
circumstances:

      •   Land that Council owns in fee simple, being either classified as Operation or Community
          Land.
      •   Crown Reserve where Council is the appointed Trustee.
      •   Public roads except the Pacific Highway.

Council’s endorsement of an “Events Application” as the “land owner” may be assumed,
provided:

      •   Evidence is provided that the applicant/event organiser has consulted with the regular
          users of the land, if any, and those users support the proposed event.
      •   The land is not contained within an Environmental Protection Zone under the Byron Local
          Environmental Plan.

Where these requirements cannot be met, the General Manager will need to endorse the
application on behalf of Council having regard to the particular circumstances.

The application form will need to be endorsed by the Minister for Land & Water Conservation
where the event involves the use of Vacant Crown Land, Crown Reserves for which a Trustee
has not been appointed and Crown Roads.

The owner of public land can be determined by consulting Council’s Land Register.



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4.6       Fees, Charges & Bonds

Section 608 of the Local Government Act, 1993, allows Council to charge and recover an
approved fee for any service provided.

It should be noted that a range of fees, charges and bonds are applicable in respect of approvals
to hold an event. The amounts will generally depend on the scale of the event.

Council will require the payment of a fee to assess the application for an event.

Upon authorisation, Council will then impose a condition of approval that sets out the various
fees, charges and bonds that need to be paid prior to the event being held.

4.7       Ground Rental Fees

No commercial return shall be required by Council for the use of Council owned or controlled land
for the purpose of holding an event, unless it:

      •   Is directed toward achieving a commercial gain for the event organiser and is not a fund
          raising activity by a non-profit community or charitable organization; and,

      •   Involves the exclusive occupancy of land for which a charge is made for entry.

In such circumstances a charge of $???? shall be required by Council. It is Council’s intention to
make such funds available to various community groups in the Shire.

4.8       Determination

All applications will be reported to Council at an available monthly Ordinary Meeting.

The Council’s Property Manager may approve an application for an event under delegated
authority, where the proposed event, or one similar to it, has been previously approved by
Council.

The types of conditions that may be imposed are provided in Appendix II. These indicative
conditions should not be relied on by an applicant, as they may be changed and other conditions
imposed having regard to the nature and/or location of the event.




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                                       APPENDIX

FORM 1

                                                                     BYRON SHIRE COUNCIL,
                                                                     PO Box 219
                                                                     MULLUMBIMBY NSW 2482
                          EVENTS APPLICATION FORM                    DX 20007 Mullumbimby
                                                                     ph: 02 6626 7000
                                                                     fax: 02 6684 3018
                                                                     email: council@byron.nsw.gov.au


APPLICANT DETAILS Entity making this application (please tick box)

     Non Profit Organisation               Trust
     Limited Liability Company             Partnership
     Incorporated company                  Individual
     Other Entity (Specify)

Applicant Name _______________________________________________________________
Address of Applicant ___________________________________________________________
Telephone No. __________________________ Mobile Number ________________________
Fax Number __________________________ Email Address __________________________
ABN No ______________________________________________________________________

I hereby apply for permission to conduct an event as set out below. I have enclosed the
appropriate fees and I have read and fully understand Council’s Events for Public and Private
Land Policy. I understand that as the applicant I am responsible for all facets of the proposed
event should it be approved.

Signature _______________________________ Date of application _____________________

Capacity of Signatory if not made as an individual _____________________________________



OPERATIONAL MANAGER

Details of the operational manager who will be responsible for the management of the site during
the event and shall be the contract person for all public authority representatives:

Name Operational Manager
_______________________________________________________

Telephone No ___________________ Mobile Number ______________________

Fax Number      ___________________ Email Address _______________________


Details of the experience in organising and managing events successfully by the event organiser and the
nominated operational manager should be provided as an attachment.




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    LAND OWNER’S PERMISSION

    Pursuant to Section 78 of the Local Government Act, 1993 the owner of the land on which the proposed event will take place must give
    permission to the making of this application. The owner of public land can be ascertained by consulting Council’s Land Register.

Type of land                       Description of Land (to be filled in by the   Controller of Land             Owner Signature
                                   applicant accompanied by a map)
Roads or Streets that are                                                        Byron Shire Council            Byron Shire Council’s permission
proposed to be used                __________________________________                                           is given as the land owner for this
                                                                                                                application to be made in
                                   __________________________________                                           accordance with the Events on
                                                                                                                Public and Private Land Policy.
Crown Reserves which Council is                                                  Byron Shire Council            Byron Shire Council’s permission
Trustee                            __________________________________                                           is given as the land owner for this
                                                                                                                application to be made in
                                   __________________________________                                           accordance with the Events on
                                                                                                                Public and Private Land Policy.

Crown Road Reserves, Vacant                                                      Department of Land & Water     A letter from the Department
Crown Reserves or Crown            __________________________________            Conservation.                  granting permission must to be
Reserves where no trustee has                                                                                   supplied.
been appointed.                    __________________________________


Private Land                       Property Description (Lot, Deposited Plan     To be specified                Land Owner’s Signature
                                   No., Street Address, Locality)
                                                                                 _________________              _________________
                                   __________________________________

                                   __________________________________




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PROPOSAL

Your application should have as much information as possible about the type of event and the way it will be
run. If there is insufficient space provided under a question please provide details by way of attachment.

1. What is the purpose of the proposed event?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

2. What type of event is it?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

3. Give the date and times of the proposed event.

          Dates                                          Time




4. Approximate number of people involved (attending the event and involved in the planning)?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

5. Does the event have a program? Y/N (please circle). If yes please attach a copy of the proposed or draft
program.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

6. Please give examples of any previous similar events held either in the Shire or elsewhere.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

7. Please submit details of a previous event that you have been associated with.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

8. Please give details of any previous similar events in terms of crowd numbers, and any problems
experienced.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

9. Will this event conflict with any existing users of the land or adjoining land i.e. other planned events, as far
as you are aware?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

10. Will this event impact on adjoining users in terms of noise, odours, lighting, inconvenience etc?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________



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11. Will amplified music or loud speakers be used? Y/N (please circle). If yes, provide details on the
proposed source of noise and times noise will occur.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

12. Will any persons be staying on the site? Y/N (please circle) If yes, what type of accommodation is
proposed?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________


MANAGEMENT

13. Has a layout plan of the event been prepared? Please attach.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

14. What are the plans for providing public transport? Can the public transport be included in the cost of the
ticket?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

15. What are the plans for parking?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

16. What are the plans for controlling traffic?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

17. What first aid will be provided on the site?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

18. What contingencies have been made for emergencies?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

19. Please give details of security measures that are proposed to ensure public safety and crowd control.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

20. Where public liability insurance has not been arranged, please indicate the insurance company you
proposed to obtain public insurance for the event. Please attach a copy of your minimum $20,000,000
Public Liability Insurance Certificate if it has already been arranged.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________




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21. Will any animals be kept on the site? Y/N (please circle) If Yes, what species, and how many and for
what purpose?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

22. Please provide details of the temporary structures that are proposed on the site.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

23. Please indicate what signage is proposed, both on and external to the site promoting the event and when
it is intended to be erected and displayed.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________


ANCILLARY ACTIVITIES

24. Will any foods be stored, prepared, sold or distributed on the Site? Y/N (please circle) .If Yes, what types
of food?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

25. How many food premises or outlets?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

26. Is it planned to sell or otherwise provide alcohol anywhere on the site? Please give details?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

27. Will the event involve the use of mechanical amusement devices? Y/N (please circle) If yes, please
indicate design and type of amusements and attach a copy of the registration details and insurance with this
application.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

28. Are fireworks proposed as part of the event? Y/N (please circle) If yes, please indicate the type of
fireworks proposed, details of the supervising person and if a WorkCover Permit is already approved.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________




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SERVICES

29. Is a (potable) water supply available? Y/N (please circle)

30. Please give details, including numbers, of the existing toilets (i.e. Disabled, male and female toilets, hand
wash basins, and urinals) and ablution facilities on the site and any proposed temporary facilities to be
installed.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

31. What arrangements will be made for the collection and removal of waste material? Include the name of
the contractor responsible.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

32. How is electricity proposed to be provided to the site?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

33. How will this electricity be metered if this is on Council Controlled land?
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

34. Please give details of LP gas use on site.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

35. Please provide any other information that you believe will support your application.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
SUMMARY OF ATTACHMENTS REQUIRED
                                                                                                     Attached
Please attach the following, where applicable:                                                        (Tick)
Details of previous experience held by event organiser and nominated operational manager in               / N/A
organising and managing events or the like.
Copy of the proposed or draft program.                                                                    / N/A
Map showing the layout that illustrates:                                                                  / N/A
-   features of the land
-   location of services
-   focus of the event
-   area where the assembly is to take place
-   official contact point
-   the placement of food stalls & amusements
-   the location of car parking
-   toilets and waste bins
-   emergency vehicle access
The route of any processions                                                                              / N/A
WorkCover registrations and insurance details for mechanical amusement devices                            / N/A



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APPLICATION FORM

Please tick the specific approvals that are being applied for as part of this application:

Local Government Act Approvals (Licences under Section 68 of the Local Government Act, 1993)
                                                                                          Tick
Part A – Structures or Places of Public Entertainment                                     Box
1. Install a manufactured home, moveable dwelling or associated structure on
land
2. Deleted – see “State Environmental Planning Policy (Temporary Structures
and Places of Public Entertainment) 2007.
3. Deleted – see “State Environmental Planning Policy (Temporary Structures
and Places of Public Entertainment) 2007.
Part C – Management of Waste
1. For fee or reward, transport waste over or under a public place
2. Place waste in a public place
3. Place a waste storage container in a public place
Part D – Community Land
1. Engage in a trade or business
2. Direct or procure a theatrical, musical or other entertainment for the public
3. Construct a temporary enclosure for the purpose of entertainment
4. For fee or reward, play a musical instrument or sing
5. Set up, operate or use a loudspeaker or sound amplifying device
6. Deliver a public address to hold a religious service or public meeting
Part E – Public Roads
1. Swing or hoist goods across or over any part of a public road by means of a
lift, hoist or tackle projecting over the footway
2. Expose or allow to be exposed (whether for sale or otherwise) any article in or
on so as to overhang any part of the road or outside a shop window or doorway
abutting the road, or hang an article beneath an awning over the road.
Part F – Other Activities
1. Operate a car park
2. Install or operate amusement devices
3. Use a standing vehicle or any article for the purpose of selling any article in a
public place
4. Carry out an activity prescribed by the regulations or an activity of a class or
description prescribed by the regulations.
OTHER LICENCES
Temporary Licence under Section 108 of the Crown Lands Act, 1989 for the use
of Crown Land for which Council is the appointed Trustee.
Application for a Road Closure Permit/Road Closure under Section 144 of the
Roads Act, 1993. (Note a separate application form is required to be filled out for
this application)




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STANDARD CONDITIONS OF APPROVAL FOR EVENTS

1.    General Conditions

      1.1   The proposed event shall be organised and managed generally in accordance with the plans
            and associated documentation lodged by, or on behalf of, the applicant, including plans
            prepared by (****)
      1.2   The Event Organiser shall not sub-let or sub-licence any part of the Land or assign this approval
            without the written consent of Council.
      1.3   The Event Organiser/applicant shall take responsibility for management of the approved event
            and the holding of the approved event shall be deemed to indemnify Council in respect of any
            claims, costs, demands or damage which may arise out of the use and occupation of the land for
            the approved event or otherwise arising out of its care control and management of the same.
      1.4   The Event Organiser shall obtain the approval of any other government department or authority
            which may be required for the approved event prior to it being held.

2     Prior to Holding the Event
      Conditions in this section of the approval must be complied with prior to the approved event.

      2.1 It is the applicant’s responsibility to assess whether conditions on the day are safe and adequate
          for the holding of the event.
      2.2 The following plans and details shall be submitted to Council for its approval at least 21 days
          prior to the event being held.
           2.2.1 Confirmation of the Event Manager, his/her contact details, confirmation that they agree to
                     take on the role and have been provided with a copy of the consent and the various plans
                     and documents required to be prepared and approved under that consent.
           2.2.2 A traffic control plan developed by a qualified traffic engineer, detailing the traffic
                     management program to be implemented during the event. This plan shall address traffic
                     movements within and adjoining the site, parking, disabled parking, pedestrian
                     movements, traffic signage, position and number of traffic controllers etc.
           2.2.3 The Event Organiser/applicant shall make arrangements for the public risk insurance
                     valued at a minimum of $20,000,000 for the event from a reputable insurance company
                     that is satisfactory to Council and a copy of such coverage shall be submitted to Council.
           2.2.4 A waste Management Plan that includes details required by Council “Events on Public and
                     Private Land Policy”.
           2.2.5 Location, size and layout of both internal and external signage associated with the event.
           2.2.6 Evidence that a contractor has been organised to supply, ____ unisex temporary toilets
                     and to be on standby to service and empty these on an as needed basis.
           2.2.7 Details of existing and proposed lighting for night-time use.
The amounts in the column headed “Amounts payable” shall be paid to Council prior to the holding of the
event.

             Job No       Fees, Charges & Bonds which may be           Guide                  Amounts
                          payable as a condition of approval                                  payable
                          Application Fee
                          Preparation of a Traffic control Plan by
                          Council (if required)
             (gst)        Advertising of Traffic Control Plan          $???
             (gst free)   Bond for Use of Council’s standard road      $??? Or as
                          signage                                      otherwise
                                                                       determined
                          Road Closure fee
             (gst)        Garbage Disposal and Collection              by Council
                          Facilities
             (gst free)   Trade Waste (if required)
             (gst free)   Inspections: food surveillance/temporary     $120 per hour
                          structures/ amusement devices /              (minimum one
                          entertainment areas                          hour)
                          Ground Rental fees                           $???


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                  (gst free)   Bonds for clean up of Council land           $???
                  (gst free)   Bonds for damage to reserve facilities       Small event –          $5000
                                                                            Large event – TBD      $TBD
                  (gst)        Electricity used from a Council supply       To be estimated by
                                                                            Council
                  (gst free)   Water                                        To be estimated by
                                                                            Council
                               TOTAL

      2.3     The following approvals (where required) shall be obtained and copies provided to Council at least 7
              days prior to the holding of the event:

          2.3.1      A Temporary Licence from the Department of Land & Water Conservation to hold an event on
                     vacant Crown Land, Crown Road Reserves and Crown Reserve for which a Trust Manager
                     has not been appointed.
          2.3.2      Evidence that a public assembly approval has been granted by the Commissioner of Police.
          2.3.3      Evidence that any necessary aquatic licences have been obtained from NSW Waterways
          2.3.4      Current NSW WorkCover certification (known as an “x” or green card) for all mechanical
                     rides.
          2.3.5      A copy of the “Display Fireworks Permit” from WorkCover.

      2.4         Areas that may present a hazard to the public shall be fenced with appropriate safety fencing.


3     During the Event
      The conditions in this section of the approval must be complied with or addressed during the course of
      carrying out the construction works relating to the approved event.

      3.1     The applicant shall make adequate arrangements for the collection and removal of waste during
              the event and ensure the site is returned to a clean and tidy condition after use
      3.2     The preparation and sale of food shall be in accordance with the Australia New Zealand Food
              Standard Code.
      3.3     The use of glass bottles or containers is prohibited and signs indicating such shall be displayed
              on the site and any stall holders notified in advance.


4     After the Event
      The conditions in this section of the approval must be complied after the completion of the event.

      4.1     All temporary buildings, safety fencing and temporary structures shall be removed and the site
              reinstated to its previous condition no later than the day after the event.
      4.2     All rubbish and litter shall be removed no later than the day after the event.
      4.3     All associated signage shall be removed no later than the day after the event.



BANNER POLICY

Banners Across Street

For any enquiries regarding Banners across streets or Banner Pole Signs please contact Council’s
Asset Management Services by telephoning (02) 6626 7101.

Banners are not permitted to be erected across any road in Byron Shire. Application can be made
for the use of council’s street advertising promotions. The conditions for approval are included in
Councils’ “Banner Booking Information for Community Groups” (Doc #528998)




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FORM 2

CHECK LIST – ROAD USES ASSOCIATED WITH EVENT
          Item                                        Consideration                                      Satisfies
                                                                                                        Roads Act
                                                                                                       requirement
Road Closure             Traffic Management Plan (TMP) – Before the use of any public road or
associated with an       footpath is approved by Council, a Traffic Management Plan must be
event.                   prepared and included with the application to Council. With the
                         completed application form attach:-
                         - Reasons for applying for the temporary closure. Detail if it is for a
                             public march or rally; a cycle race, triathlon or other recreational
Refer to the RTA
                             activity; if structures are to be set-up on the roadway or footpaths;
document Guide to
                             advertising structures on the road etc.
Traffic and Transport
Management for           - Details of the intended closure points, including side roads
Special Events,          - Start and finish times for the closure, including the times when the
available on the RTA         road closures will be set-up and removed
website,                 - Plan (drawing) of the intended closure and the proposed alternative
www.rta.nsw.gov.au           route for through traffic including all detour signs
                         - Details of advance notice and advertising of the closure to the public
                         - Description of types of barriers and specifications of signs to be used
                             to divert traffic (on drawing provided)
                         - Qualifications of any persons who will be directing or marshalling
                             traffic
                         - Details of any intended temporary closure of parking spaces, car
                             parks or footpaths
                         - Details of temporary structures such as stalls, amusement devices
                             and stages
                         - Provision for parking of visitors’ vehicles
                         - Provisions for disabled parking, access and movement by
                             handicapped persons
                         - Location of parade assembly and dispersal areas
                         - Arrangements made with bus and taxi companies affected by the
                             closure, including any additional provisions for public transport set-
                             down and pick-up bays.
                         - Notification to and recognition of acceptance from local businesses
                             affected by the closure
                         - Details of provision to be made for emergency access at any time
                             through the closure
                         - Details of consultation with the police and emergency services,
                             together with any comments, recommendations or objections
                             received.

A TMP is best represented in a detailed plan. The plan should be at an appropriate scale and show:
1.     Street/s to be closed and method of closure e.g. barricades / witches hats / traffic barriers
2.     Location and direction of alternate traffic routes and signs directing traffic
3.     Location of marshals (if present)
4.     Location of stalls
5.     Location of emergency vehicles
6.     Location of alternate bus/taxi stops
7.     Location of car parking areas to be closed
8.     Location of disabled access/parking
9.     Location of alternate car parking areas


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This list is only an indication and the information to be supplied depends on the type of event.
These plans should be created to an accepted standard for example: the RTA Guide to Traffic Control at
Worksites manual which contacts accepted methods of road closures and diversion of traffic including sign
types, sign locations and appropriate approach distances to advise road users of change to traffic conditions.

                                                                                                    All the following
                                                                                                     items must be
                                                                                                    satisfied before
          Item                                       Consideration                                  closing any road
Submit application       Before any activity associated with an event can occur on a               Application lodged
under the Roads Act      public road or footpath, the event organizer must first obtain             with Council for
1993 to Council          approval for Byron Shire Council (the road authority). To commence         consideration by
                         this process the application with a TMP (above) must be lodged with              TAC
                         Council for consideration by the Traffic Advisory Committee (TAC)
                         NOTE: The TAC only meets every second month of the year.
Traffic Advisory         Following the consideration of the application under the Roads Act            TAC report
Committee (TAC)          1993 by the TAC, a report including recommendations must be put to           presented to
reports to Byron Shire   the formal Council for approval of any proposed road closure.             Council meeting for
Council                                                                                                approval of
                                                                                                     proposed road
                                                                                                        closures



Council approval         After formal Council approval of the proposed road closures under           Proposed road
given for proposed       the Roads Act 1993, the proposal must be advertised in a local paper       closures publicly
road closure             for a period of twenty eight (28) days, before the road closures can       advertised for 28
associated with the      be put in place.                                                            days following
event                                                                                               Council approval



Provide certificate of   Before any road closures can commence, Council requires that the             Public liability
currency for Public      event organizer provides a copy of a certificate of currency for Public       certificate of
Liability Insurance      Liability Insurance that specifically indemnifies Byron Shire Council,    currency provided to
                         and has a minimum cover value of ten million dollars ($10 million).             Council


Occupational Health &    The event organiser must ensure that any person installing                Occupational Health
Safety Act 2000          equipment, regulating traffic, directing people or using equipment             & Safety
                         such as lighting towers and machinery is appropriately trained and           requirements
                         qualified to comply with the Occupational Health and Safety Act                satisfied
                         2000. All hazards must be identified in a risk management plan with
                         appropriate responses clearly documented. All staff involved with
                         traffic management to be inducted prior to commencing duties.
                         Appropriate personal protective equipment (PPE) to be provided and
                         maintained.

For more information regarding the requirements and issues involving road closures and regulating traffic to
cater for an event contact Byron Council’s Asset Management Services Director on telephone 6626 7101 or
by e-mail to council@byron.nsw.gov.au




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EVENT TRAFFIC MANAGEMENT PLAN
Section 1:        Event Details
1.1 Event summary
Event Name:
Event Location:
Event Date:                                   Start Time:                            Finish Time:
Event Setup/Start Time:                                      Event Packdown Finish
                                                             Time:
Event is off-street/on-street; moving on-street/non-moving; held regularly throughout the year (calendar attached).
1.2 Contact names
Event Organiser*:
Postal Address*:
Phone:                   (0                                      Fax:      (0
Mobile:                                                          Email:


Event Management company (if applicable):
Postal Address*:
Phone:                   (0                                      Fax:      (0
Mobile:                                                          Email:

NSW Police:
Postal Address*:
Phone:                   (0                                      Fax:      (0
Mobile:                                                          Email:

Byron Shire Council:
Postal Address*:
Phone:                   (0                                      Fax:      (0
Mobile:                                                          Email:

Roads & Traffic Authority (if Class 1):
Postal Address*:
Phone:                 (0                                        Fax:      (0
Mobile:                                                          Email:
*Note: The Event Organiser is the person or organisation in whose name the Public Liability Insurance is taken out.

1.3       Brief description of the event (one paragraph)
 _________________________________________________________________________________________
 _________________________________________________________________________________________
 _________________________________________________________________________________________
 _________________________________________________________________________________________


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Section 2:                      Risk Management – Traffic
                              2.1 Occupational Health & Safety - Traffic Control
                                 Risk assessment plan (or plans) attached
                              2.2 Public Liability Insurance
                                  Public liability insurance arranged.
CLASS 1

          CLASS 2
                    CLASS 3




                                  Certificate of currency indemnifying Byron Shire Council, with minimum value $10 million
                                        attached.
                              2.3 Police
                                  Police written approval obtained
                              2.4 Fire Brigades and Ambulance
                                  Fire brigades notified
                                  Ambulance notified
Section 3:                      Traffic and Transport Management
                              3.1 The route or location
                    CLASS 3




                                  Map attached
                              3.2 Parking
                                  Parking organised - details attached
                                  Parking not required
                              3.3 Construction, traffic calming and traffic generating developments
                                  Plans to minimise impact of construction activities, traffic calming devices or traffic-
                              generating developments attached, OR,
                                  There are no construction activities, traffic calming devices or traffic-generating
                              developments at the location/route or on the detour routes
                              3.4 Trusts, authorities or Government enterprises
                                  This event uses a facility managed by a trust, authority or enterprise; written approval
                              attached, OR,
          CLASS 2




                                  This event does not use a facility managed by a trust, authority or enterprise
                              3.5 Impact on/of Public transport
CLASS 1




                                  Public transport plans created - details attached
                                  Public transport not impacted or will not impact event
                              3.6 Reopening roads after moving events
                                  This is a moving event - details attached.
                                  This is a non-moving event.
                              3.7 Traffic management requirements unique to this event
                                  Description of unique traffic management requirements attached
                                  There are no unique traffic requirements for this event
                              3.8 Contingency plans
                                  Contingency plans attached
                              3.9 Heavy vehicle impacts
                                  Impacts heavy vehicles - RTA to manage
                                  Does not impact heavy vehicles
                              3.10 Special event clearways
                                  Special event clearways required - RTA to arrange
                                  Special event clearways not required




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Section 4:                       Minimising Impact on Non-event Community & Emergency Eervices
                               4.1 Access for local residents, businesses, hospitals and emergency vehicles
                     CLASS 3

                                   Plans to minimise impact on non-event community attached, OR,
                                   This event does not impact the non-event community either on the main route (or location)
                               or detour routes
                               4.2 Advertise traffic management arrangements
           CLASS 2




                                   Road closures or restrictions - advertising medium and copy of proposed advertisements
                               attached
                                   No road closures or restrictions but special event clearways in place - advertising medium
                               and copy of proposed advertisements attached
CLASS 1




                                   No road closures, restrictions or special event clearways - advertising not required
                               4.3 Special event warning signs
                                   Special event information signs are described in the Traffic Control Plan/s
                                   This event does not require special event warning signs
                               4.4 Permanent Variable Message Signs
                                   Messages, locations and times attached
                                   This event does not use permanent Variable Message Signs
                               4.5 Portable Variable Message Signs
                                   The proposed messages and locations for portable VMS are attached
                                   This event does not use portable VMS

Section 5                        Privacy Notice
The "Personal Information" contained in the completed Traffic Management Plan may be collected and held
by the NSW Police, the NSW Roads and Traffic Authority (RTA), or Local Government.
I declare that the details in this application are true and complete. I understand that:
-         The ‘’personal information” is being collected for submission of the Traffic Management Plan for the
          event described in Section 1 of this document.
-         I must supply the information under the Road Transport Legislation (as defined in the Road Transport
          (General) Act 1999) and the Roads Act 1993.
-         Failure to supply full details and to sign or confirm this declaration can result in the event not proceeding.
-         The "personal information" being supplied is either my own or I have the approval of the person
          concerned to provide his/her "personal information".
-         The “personal information” held by the Police, RTA or Local Government may be disclosed inside and
          outside of NSW to event managers or any other person or organisation required to manage or provide
          resources required to conduct the event or to any business, road user or resident who may be impacted
          by the event.
-         The person to whom the "personal information" relates has a right to access or correct it in accordance
          with the provisions of the relevant privacy legislation.

Event Organiser ............................................................................   Date ………………….……………

PRINT NAME: …………………………………….…………………….




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                     Classification of classes of event activities relating to road closures

A Class 1 event:
- impacts upon major traffic and transport systems, such as the Pacific Highway;
- disrupts the non-event community over a wide area;
- requires the involvement of Police, one or more Councils and the RTA;
- requires a detailed Transport Management Plan;
- requires advertising the event's traffic aspects to a wide audience.

A Class 1 event may:
- be conducted on-road or in its own venue;
- involve trusts and authorities when using facilities managed by them; involve Transport NSW;
- involve the State Rail and State Transit Authorities;
- involve private bus and coach organisations;
- impact the road transport industry;
- require RTA to provide special event clearways;
- require RTA to provide heavy vehicle detour routes;
- require the RTA to adjust traffic signals;
- require RTA to manage Variable Message Signs;
- depending on the nature of the event, invoke the Police "User Pays" policy.

For example, a Class 1 event may be an event that:
- affects a principal transport route in Sydney, or
- an event that reduces the capacity of the main highway through a country town, or
- a bicycle race that involves the Sydney Harbour Bridge.

An event organiser must include sufficient forward planning time to allow road authorities to fully consider all
the implications of the proposed event, and issue the necessary written approval documents. A time period
for consideration and approval may require a minimum of four (4) months from first approach to Council to
proposed start date. This may extend up to six (6) months for vehicle races. Charges apply where: "it is
deemed the services are specifically for the benefit of those organising and/or attending the event and not
for the benefit of the public at large."

Depending on the nature of the event, the road closure may invoke the Police "User Pays" policy. Asset
rentals are usually provided by private hire companies, but it may be useful to refer such inquiries to your
local Council. Costs apply where services are provided above those normally provided to the community.

It is recommended that Traffic Control layouts are drawn up by a qualified person and installed under the
guidance of a qualified person. Such design must consider parking and access for disabled persons. 28
days for all events that require regulation of traffic or where special event clearways in operation.

No approval is necessary where there is no regulation of traffic.

A public liability insurance certificate of currency with a minimum value of $10-million is required. Council,
Police or the RTA may be required to be specifically named on the Policy.

A Class 2 event:
- impacts local traffic and transport systems but does not impact major traffic and transport systems;
- disrupts the non-event community in the area around the event but not over a wide area;
- requires the involvement of Police and Local Council;
- requires a detailed Transport Management Plan;
- requires advertising the event's traffic aspects to the local community.

A Class 2 event may:
- be conducted on-road or in its own venue,
- involve trusts and authorities when using facilities managed by them,
- involve State Rail and the State Transit Authority,
- involve private bus and coach organisations,
- depending on the nature of the event, invoke the Police "User Pays" policy.



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For example, a Class 2 event may;
- block off the main street of a town or shopping centre but does not impact a principal transport route or
    a highway,
- be a motor rally on local country roads.

NOTE: A minimum of three (3) months prior notice is required for an application for vehicle races. Charges
will be applied where: "it is deemed the services are specifically for the benefit of those organising and/or
attending the event and not for the benefit of the public at large."

Depending on the nature of the event, the road closure may invoke the Police "User Pays" policy. Asset
rentals are usually provided by private hire companies, but it may be useful to refer such inquiries to your
local Council. Costs apply where services are provided above those normally provided to the community.

It is recommended that Traffic Control layouts are drawn up by a qualified person and installed under the
guidance of a qualified person. Such design must consider parking and access for disabled persons. An
absolute minimum of sixty (60) days must be allowed for an event that require regulation of traffic or where
special event clearways in operation.

No approval is necessary where there is no regulation of traffic.

A public liability insurance certificate of currency with a minimum value of $10-million is required. Council,
Police or the RTA may be required to be specifically named on the Policy.

A Class 3 event is an event that:
- does not impact local or major traffic and transport systems;
- disrupts the non-event community in the immediate area only;
- requires Local Council and Police consent;
- is conducted on-street in a very low traffic area such as a dead-end or cul-de-sac;
- requires Police agreement that event qualifies as Class 3;
- is never used for vehicle races.

A Class 3 event, depending upon Local Council policy, may:
- require a simplified Transport Management Plan, or
- not be available in all Council areas.

Depending on the nature of the event, the road closure may invoke the Police "User Pays" policy. Asset
rentals are usually provided by private hire companies, but it may be useful to refer such inquiries to your
local Council. Costs apply where services are provided above those normally provided to the community.

It is recommended that Traffic Control layouts are drawn up by a qualified person and installed under the
guidance of a qualified person. Such design must consider parking and access for disabled persons. An
absolute minimum of sixty (60) days must be allowed for an event that require regulation of traffic or where
special event clearways in operation.

No approval is necessary where there is no regulation of traffic.

A public liability insurance certificate of currency with a minimum value of $10-million is required. Council,
Police or the RTA may be required to be specifically named on the Policy.

A Class 4 event is intended for small on-street events and:
- requires Police consent only;
- is within the capacity of the Police to manage on their own;
- is not a protest or demonstration;
- is always an on-street event;
- does not require RTA or Council consent;
- does not require advertising the event's traffic aspects to the community;
- does not require a TMP;
- does not require the involvement of other Government agencies.

A Class 4 event may:


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-   be conducted on classified or unclassified roads, or
-   cause zero to considerable disruption to the non-event community, or
-   cross Police Local Area Commands (LACs), or
-   cross Local Government Areas (LGAs), or
-   require Council and RTA to assist when requested by Police,
-   depending on the nature of the event, invoke the Police "User Pays" policy. For example: a small
    ANZAC Day march or small parade in a country town conducted under Police escort.

Depending on the nature of the event, the road closure may invoke the Police "User Pays" policy. Asset
rental costs apply where services are provided above those normally provided to the community.

An absolute minimum of thirty (30) days must be allowed for an event that requires regulation of traffic.

No approval is necessary where there is no regulation of traffic.

A public liability insurance certificate of currency with a minimum value of $10-million is required. Council,
Police or the RTA may be required to be specifically named on the Policy.




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FORM 3

SCHEDULE 1 FORM - NOTICE OF INTENTION TO HOLD A PUBLIC ASSEMBLY

Summary Offences Act 1988 - Sec 23. To the Commissioner of Police

1.
      I........................................................................................................................................................(name)

      of
      ......................................................................................................................................................(address)

      on behalf of
      …............................................................................................................................(organisation)

      notify the Commissioner of Police that on the …............. (day) of ..................... (month), 200........ (year),
      it is intended to hold either:

      (a) a public assembly, not being a procession, of approximately .................. (number) persons, which
          will assemble at....................... ......................................................................................... (Place)
          at approximately ............. am/pm, and disperse at approximately .............. am/pm.

            OR

      (b) a public assembly, being a procession of approximately ………….......... (number) persons,

      which will assemble at approximately …......... am/pm, and at approximately .......... am/pm then
      procession will commence and shall proceed

      ......................................................................................................................................................................

      .....................................................................................................................................................................

      ......................................................................................................................................................................

      (Specify route, any stopping places and the approximate duration of any stop; and the approximate time
      of termination. A diagram may be attached.)

2.   The purpose of the proposed assembly is....................................................................................................
      ......................................................................................................................................................................
      ......................................................................................................................................................................
      ......................................................................................................................................................................
      ......................................................................................................................................................................

3.   The following special characteristics associated with the assembly would be useful for the Commissioner
     of Police to be aware of in regulating the flow of traffic or in regulating the assembly (strike out whichever
     is not applicable):
     (I) There will be …………. (number) of vehicles and/or............ (number) of floats involved.
     The type and dimensions are as follows:
     ......................................................................................................................................................................
     ......................................................................................................................................................................
     ......................................................................................................................................................................
     (ii) There will be …….. (number) of bands, musicians, entertainers, etc. which will entertain or address
     the assembly.



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      (iii) The following number and type of animals will be involved in the assembly:
      .....................................................................................................................................................................
      ......................................................................................................................................................................
      (iv) Other special characteristics of the proposed assembly are as follows:
      ......................................................................................................................................................................
      ......................................................................................................................................................................

4.    I take responsibility for organising and conducting the proposed assembly.

5.
      Notices for the purposes of the Summary Offences Act 1988 may be served upon me at the following
      address:
      ...............................................................................................................................
      ...............................................................................................................................
      ………………………………………………... Postcode. …………………………….
      Telephone No. …………………………………….……

6.    Signed .....................................................................................................................
      Capacity/Title ......................................................................................................
      Date ........................................




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FORM 4

                                  CHECK LIST – FOOD STALL OPERATIONS
                                                                                                            Stall
                                                                                                           meets
          Item                                         Consideration                                      standard
Services to be            Electricity – a safe and reliable electricity supply to be provided to all
provided to all food      food businesses. Electricity must be capable of servicing all refrigeration,
businesses                water heating, hot storage appliances and lighting from the moment the
                          food businesses arrive on site, until they depart. All electrical generators
                          to be away from food businesses where there is a risk of fumes being
                          released. Food businesses must be responsible in declaring the
                          maximum electricity needs to maintain uninterrupted service for the event.
                          Potable water – a safe potable water supply to be available to all food
                          businesses.
                          Toilet facilities – adequate toilet facilities should be provided for the use
                          by food handlers. Toilets must be supplied with hand-washing facilities.
                          Adequate servicing and cleaning is required to protect against food
                          contamination. The location of toilets should ensure that access is
                          available for servicing as well as preventing unhealthy odours impacting
                          upon food business activities.
                          Washing facilities – For large events it is important to include facilities
                          for food stalls to wash up their equipment with hot water. Covering and
                          lighting of such units should be considered. These facilities should be
                          provided to serve no more than 3 food businesses preparing food on-site.
                          Waste water collection – all wastewater generated by food businesses
                          must be collected and transported to an approved liquid trade waste
                          disposal depot. No wastewaters to be disposed of on-site. Occupational
                          health and safety requirements for the movement and decanting of heavy
                          or hot containers filled with water need to be considered.
                          Garbage services – Adequate garbage containers and services to be
                          provided. Storage areas should not be located to compromise emergency
                          escape pathways or allow offensive odours to impact upon the food
                          businesses.
                          Recycling services – Council encourages all event organisers to reduce
                          the quantity of packaging generated by the event activities and also
                          provide for recycling of waste. Non-recyclables need to be collected and
                          transported to an approved landfill site. By reducing the quantity of non-
                          recyclable materials taken from the event this will reduce the disposal
                          costs to the event, and save our scarce environment and resources.
                          Provision should be made for collecting waste cooking oil.
                          Access – Access must be provided to the rear of all food businesses to
                          allow staff access, coolroom delivery, and replenishment of supplies. LPG
                          storage, etc. A minimum of one metre wide pathway must be maintained
                          free of all obstructions at all times to allow people to escape in the event
                          of an emergency. This area is not to be used for parking of food stall
                          holder’s private vehicles.
                          Parking – Food handlers will need to be on site early each day and will
                          most likely be the last to leave. Staff need consideration for parking their
                          vehicles in areas not restricted by timed-parking, and close enough to
                          allow supplies to be moved easily into the stalls.
Construction of          Roof – rigid, smooth-faced, impervious, in good repair, easily cleaned and
individual food stalls   weather proof. Clean and able to be kept clean.
to satisfy minimum       Walls.-. rigid, smooth-faced, impervious, in good repair, easily cleaned.
standards.               Minimum joints, spaces, or openings for services.
Purpose-built food       • All sides enclosed to a minimum height of 750 mm above the ground.
vehicles are             • Capable of being secured against rain, dust and flying insects.
preferred.               Kept clean and protected against damage from hot appliances and sharp
                         objects.


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                       Floors – non-slip, smooth faced, impervious, in good repair, and easily
                       cleaned. Cover the entire food preparation area.
                       • Raised above the ground to prevent entry of surface water and vermin.
                            Purpose-built vehicle type businesses preferred.
                       • Accessible for cleaning. No storage of food or ingredients permitted on
                            the floor. Keep shelving at least 150 mm. above floor. No food
                            preparation on-site outside premises.
                       Internal fixtures & fittings – solid construction, smooth impervious
                       finishes, safety glass, lined cupboards capable of excluding dust, fumes
                       and vermin.
                       • Benches and food prep surfaces at least 750 mm above the floor.
Gas installations      All LPG gas installations shall satisfy safe working standards. Installations
                       to have compliance plate attached to vehicle.
Electrical             All electrical installations (including leads) to be strictly in accordance with
installations          AS 3002-1985 “Electrical installations -Shows and Carnivals”. Adequate
                       lighting provided.
Hand washing           Every food business must provide a separate basin supplied with warm
facilities             water (220 to 400 Celsius) for the sole purpose of hand washing. The basin
                       must also have;
                       • Liquid soap or liquid detergent supplied
                       • Single use hand towel supplied in accessible location.
                       • Waste bin provided for discarded hand towel.
                       • Basin is kept accessible and clean.
Cold storage of food   • Refrigerators / freezers must be kept clean and operating efficiently.
                       • Thermometer (accurate to 1 0C) must be provided for each unit to
                            monitor the internal operating temperature.
                       • Refrigerator temperatures must be kept below 5 0C
                       • Freezer temperatures must be kept below –20 0C
                       • Any ice used in the food business must be free of contamination and
                            suitable for human consumption.
Hot storage of food    Hot storage and display appliances must be clean and operating efficiently
                       • Units should be enclosed by safety glass or doors to maintain
                            temperature and protect food from air-borne contamination. Fabric
                            curtains are not allowed.
                       • Thermometer (accurate to 1 0C) to be provided for each appliance.
                       • All food must be kept above 60 0C
                       • Hot appliances (particularly display units and barbeques) must be
                            located to prevent burns and injury (high temperatures) to staff and
                            patrons. No electrical cables to be in contact with hot surfaces.
Water supply           • Safe water supply for use in the stall must satisfy 2004 Australian
                            Drinking Water Guidelines
                       • All pipes and storage tanks must be kept in a clean and sanitary
                            condition. Only food grade materials permitted in water reticulation for
                            food stalls.
                       • Hand wash basin to be connected to a safe water supply
                       • Hose connections to be durable and ensure minimum waste of water
                            on the site.
Waste storage          Waste storage containers to be provided for all wastes generated by food
facilities             stall activities.
                       • Lids for all solid waste storage bins. Bins kept clean and free of
                            offensive odours. Provisions to be made for seafood and other
                            putrescible wastes.
                       • Packaging and recyclable materials should be separated from food
                            scraps.
                       • No spillage is allowed!
                       • Storage or disposal of waste to ensure that no harm to public health or
                            the environment is likely.


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Fire safety            All food businesses where food is prepared on-site must provide a suitable
equipment              fire extinguisher and fire blanket. The fire extinguisher must be;
                       • suitable for the likely hazards, particularly if deep frying with hot oils,
                       • mounted at waist height, in a highly visible location within the stall,
                            (preferably near the exit point)
                       • tested and certified by a testing authority to ensure that the fire
                            extinguisher can be relied upon to operate in an emergency.
Prevention of food     • Sick or unhealthy persons excluded from food preparation areas.
contamination          • No smoking in food stalls.
                       • No animals in food stall.
                       • Effective “sneeze” barriers between displayed food and the outside
                            environment.
                       • Separations between cooked and uncooked food processing.
                       • “Potentially hazardous” foods kept under strict temperature control.
NSW Protection of      The operation of the stall prevents any harm to the environment (including
the Environment        air, water or surrounding land environments)
Operations Act 1997
Compliance with the    The sale of food from the stall satisfies the statutory requirements of the
New South Wales        relevant food legislation.
Food Act 2003, Food
Regulation 2004,
Food Standards
Codes
Complies with          •   Will separate compostable, recyclable and garbage at the stall.
acceptable waste       •   Only use single use recyclable or compostable packaging.
reduction strategies
as required by the
festival event.
Notification (Code     •   Completed notification on [www.foodnotify.nsw.gov.au]
3.2.2 clause 4)
Appropriate skills     •   Completed appropriate training course on food handling and safety
and knowledge
(Code3.2.2 clause 3)
Occupational Health    The stall satisfies all required WorkCover Authority conditions to protect
& Safety Act 2000      the health, safety and welfare of employees and patrons.

Further questions or contact can be directed to Environmental Health Services on (02) 6626 7054
or by e-mail to council@byron.nsw.gov.au


   Specific information on food related matters including Food Standards Codes can be obtained
     through Councils’ website links on www.byron.nsw.gov.au or directly at Food Standards
                  Australia New Zealand (FSANZ) on www.foodstandards.gov.au




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FORM 5

            CHECK LIST – PLACES OF PUBLIC ENTERTAINMENT OR TEMPORARY STRUCTURES
                                                                                                          To Be
                                                                                                         EXEMPT
                                                                                                         you must
                                                Exempt Considerations                                   achieve all
                        (under the State Environmental Planning Policy (Temporary Structures               these
          Item          and Places of Public Entertainment) 2007)                                       standards
Where a tent or         Environment Protection – The activity must not be carried out in ‘critical
marquee will be         habitat’ of an endangered species, population or ecological community
erected for a private   including areas identified under the Threatened Species Conservation Act
function                1995, Fisheries Management Act 1994 or wilderness areas identified
                        under the Wilderness Act 1987. Development must have minimal
                        environmental impact, and must not be ‘designated development’.
                        Heritage considerations – cannot occur on land the subject of a listing
                        or interim heritage order under the Heritage Act 1977.
                        Building Code of Australia requirements – all temporary structures
                        must satisfy the ‘deemed-to-comply’ provisions of the Building Code of
                        Australia.
                        Land use restrictions – must be erected on land used for residential
                        accommodation, land in a business, mixed use or special purpose zone,
                        Crown land within the meaning of the Crown Lands act 1989, or land
                        vested under the control of council.
                        Considerate of stormwater drainage and parking
                        - must not obstruct any drainage on the site, and
                        - must not restrict any car parking required by any development consent,
                        or any vehicular or pedestrian access to or from the site.
                        Size of tent or marquee – no tent to exceed 100 square metres in size,
                        and the total area covered by tents or marquees to not exceed 200
                        square metres (iana residential area) or 300 square meteres in any other
                        case.
                        Toilet facilities – adequate toilet facilities should be provided for the use
                        by food handlers. Toilets must be supplied with hand-washing facilities.
                        Adequate servicing and cleaning is required to protect against food
                        contamination. The location of toilets should ensure that access is
                        available for servicing as well as preventing unhealthy odours impacting
                        upon food business activities.


                        MORE TO COME



Further questions or contact can be directed to Building Services on (02) 6626 7050 or by e-mail to
council@byron.nsw.gov.au




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                                       SCHEDULE OF EVENTS


            Dates                     Events                             Organiser

 1 January                New Years Eve celebrations        Byron Shire Council
 January                  Music (New Years Day) event       Private promoter
                          (Mullumbimby)
 January                  Byron Bay rodeo                   Byron Bay Rugby League Football
                                                            Club
 January                  Festival of Fish ‘N Chip          Brunswick Woodchop
 January                  Flickerfest Short Film Festival   IQ / Bangalow A&I
 26 January               Australia Day celebrations        Byron Shire Council
 January                  Music Festival                    Private promoter
 March                    Clean up Australia Day            Byron Shire Council
 March / April - Easter   East Coast Blues and Roots        East Coast Blues and Roots Pty Ltd
                          Festival
 Easter                   Surf carnivals                    Surfing Far North Coast
 April                    Rukkus Youth Week event
 25 April                 ANZAC Day                         Services Clubs
 May                      Winter Whales swim
 June                     NAIDOC week
 June                     World Environment Day             Byron Shire Council
 June                     North Coast Jazz Festival         NR Conservatorium
                          (Bangalow)
 July                     Writers Festival                  Northern Rivers Writers Centre
 August                   Splendour in the Grass festival   Village Sounds
 August                   Bangalow Music Festival
 September                Fatherhood Festival (Bangalow)
 September                Taste of Byron                    Byron Bay Lions Club
 September                Peace Day                         Peace group
 September                Rodeo / music event               Mullumbimby Rugby League Club
 September                Circus (Byron Bay /
                          Mullumbimby)
 September                Youth event                       Youth Activity Centre
 September                Soccer Sevens (Byron Bay)         Byron Bay Soccer Club
 October                  Oktoberfest (Mullumbimby)         Private promoter
 October                  Byron Bay music festival          Private promoter
 October                  Rugby Sevens competition          Byron Bay Rugby Club
 October                  Music event (Mullumbimby)         Private promoter
 October                  ‘Reclaim the Night’ march
 October                  Bangalow Arts & Craft fair
 November                 Mullumbimby Show                  Mullumbimby Showground Trust
 11 November              Remembrance Day                   Services Clubs
 November to              Byron Bay outdoor cinema          Private promoter
 February
                          Bangalow Show                     Bangalow A&I Society
 December                 Brunswick Heads Night Market      Brunswick Woodchop
 December                 Bangalow Billie Cart Derby        Lions Club
 December                 Beachfront Craft Fair (Byron      Lions Club
                          Bay)


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