Approved venues for sporting, cultural or entertainment events
19B Approved venues for sporting, cultural or entertainment events
In this regulation —
notifiable event means a sporting, cultural or entertainment event that —
is open to the public; and
is likely to result in noise emissions, other than community noise, that do not comply with the standard prescribed under regulation 7; and
is not an approved event or an event for which application for approval under regulation 18 has been made.
The occupier of a venue may apply to the CEO for —
approval of the venue as a venue at which a number of notifiable events may be held during a period specified in the approval; or
an amendment of a venue approval (other than an amendment of the period of the approval).
After the application is made, the CEO is to estimate the cost of assessing and processing the application.
The fee payable for assessing and processing the application is —
an amount equal to the cost estimated under subregulation (3); or
if that amount exceeds $15 000, $15 000.
The fee for assessing and processing the application must be paid by the applicant before assessment of the application commences.
The CEO may require an applicant to carry out such surveys and provide such other information as the CEO may specify in writing to the applicant before the CEO makes a decision under subregulation (7).
The CEO may, in writing —
if the application is for the approval of a venue — approve, or refuse to approve, the venue;
if the application is for an amendment of a venue approval — make, or refuse to make, the amendment.
Before making a decision under subregulation (7) the CEO —
must give the following a reasonable opportunity to make a submission on whether or not the venue should be approved or the amendment should be made —
the Chief Health Officer;
the Director of Liquor Licensing;
the occupier of any noise sensitive premises within 1 km of the venue;
the local government of each district in which noise emissions received from the venue are likely to fail to comply with the standard prescribed under regulation 7;
and
may give any other person the CEO considers appropriate in the circumstances a reasonable opportunity to make a submission on whether or not the venue should be approved or the amendment should be made.
A venue approval —
is subject to such conditions as the CEO thinks fit or is required to impose under subregulation (12) and sets out in the approval; and
subject to subregulation (11) and regulation 19E, has effect for the period specified in the approval.
Without limiting subregulation (7), an amendment may vary a condition of a venue approval or impose a new condition on a venue approval.
If the occupier of a venue for which a venue approval (the current approval) has effect applies for a new approval of the venue not later than 3 months before the current approval would, apart from this regulation, cease to have effect (the expiry day), the current approval is taken to continue in effect from the expiry day until —
if the CEO grants a new approval — the day on which the new approval has effect; or
if —
the CEO refuses to grant a new approval; and
at the end of the period within which an appeal against the decision may be lodged under regulation 19G, no appeal has been lodged,
the day after that period ends; or
if —
the CEO refuses to grant a new approval; and
an appeal is lodged under regulation 19G against the decision to refuse to grant a new approval,
the day the appeal is concluded.
The CEO must not approve a venue under subregulation (7) unless the conditions imposed on the approval —
specify the maximum number and type of notifiable events that may be held at the venue during a period specified in the approval; and
specify the earliest time at which a notifiable event held at the venue may begin and the latest time at which a notifiable event may end; and
specify the maximum duration of a notifiable event held at the venue; and
specify the maximum allowable noise level of a notifiable event held at the venue; and
specify the manner in which occupiers affected by noise emissions from a notifiable event at the venue are to be advised that the event is to be held at the venue; and
specify the manner in which complaints from members of the public about noise emissions from a notifiable event at the venue are to be managed; and
provide for the manner in which community consultation is to be conducted by the applicant for approval of the venue.
[Regulation 19B inserted: Gazette 5 Dec 2013 p. 5704‑8; amended: Gazette 10 Jan 2017 p. 196.]
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