Environmental Planning and Assessment Act 1979

A condition of a development consent for licensed premises that provides for the following ceases to have effect on the commencement of this subclause—

the type of music that may be played on the licensed premises, including, for example—

the genre of music that may be played, and

whether the music played must be original music or a cover of original music,

the number and type of instruments that may be played on the licensed premises,

the number of musicians that may perform on the licensed premises,

whether dancing occurs,

the presence or use of a dance floor or another area ordinarily used for dancing,

the direction in which a stage for players or performers faces,

the decorations to be used, including, for example, mirror balls, or lighting used by players or performers.

If a condition of a development consent requires compliance with a plan of management and the plan of management includes a provision or requirement that provides for any of the matters referred to in subclause (1)(a)–(g) or (4), the provision or requirement of the plan of management ceases to have effect on the commencement of this subclause.

Subclause (1)(g) does not apply in relation to lighting used by players or performers if the licensed premises are on land to which the Dark Sky Planning Guideline applies under the regulations.

A condition of a development consent for licensed premises to which a hotel licence, club licence or small bar licence relates under the Liquor Act 2007 that prohibits live entertainment, including live music, ceases to have effect on the commencement of this subclause.

Subclauses (1) and (2) do not apply to the following conditions—

a condition of a development consent to carry out State significant development,

a condition of a complying development consent,

a condition of a development consent granted by the Minister under this Act, Part 4, Division 4.3.

Subclause (4) does not apply to the following conditions—

a condition of a complying development consent,

a condition of a development consent granted by the Minister under this Act, Part 4, Division 4.3.