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reg 19D

Notifiable event at approved venue

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19D Notifiable event at approved venue

(1)

A person who proposes to hold an event at an approved venue that is a notifiable event of a type specified in the conditions of approval of the venue under regulation 19B(12)(a) must give the CEO notice of the event in accordance with this regulation.

Penalty: a fine of $5 000.

(2)

A notice under subregulation (1) must —

(a)

be in a form approved by the CEO; and

(b)

be given not later than 60 days before the event is proposed to commence; and

(c)

give details of the event including the date, starting time and ending time of the event.

(3)

Despite subregulation (2)(b), a notice may be given between 59 days and 21 days before the event to which the notice relates is proposed to commence if the notice is accompanied by a late fee of $500.

(4)

Despite subregulation (2)(b), notice may be given less than 21 days before the event to which the notice relates is proposed to commence if —

(a)

the CEO is satisfied that there are exceptional circumstances for the notice not being given earlier than within that period; and

(b)

the notice is accompanied by a late fee of $500.

(5)

The CEO may, by written notice given to a person who gives notice under subregulation (1), impose in relation to the notifiable event an ancillary condition that does not directly influence the level, duration or time of day of a noise emission.

(6)

If a notifiable event in respect of which notice has been given under subregulation (1) is held at an approved venue —

(a)

the event is subject to the conditions imposed under regulation 19B(9)(a) that apply to a notifiable event held at the venue; and

(b)

the event is subject to the ancillary conditions imposed under subregulation (5); and

(c)

regulation 7 does not apply to noise resulting from the event at the venue.

(7)

If, at an approved venue during a notifiable event in respect of which notice has been given under this regulation, a condition imposed on the approval of the venue under regulation 19B(9)(a) (other than a condition designated as an ancillary condition under regulation 19C(1)) is breached —

(a)

subregulation (6)(c) ceases to apply in relation to noise resulting from the event at the venue; and

(b)

regulation 7 has effect in relation to that event.

(8)

A person who gives the CEO a notice of a notifiable event under subregulation (1) must pay to the CEO, within the time specified by the CEO, any noise monitoring fee specified by the CEO for that event.

(9)

If a fee is not paid under subregulation (8) before the day on which the notifiable event is to be held at the venue, the venue is not an approved venue for the purpose of that event.

(10)

A person who gives the CEO notice of a notifiable event under subregulation (1) must ensure that an ancillary condition imposed under subregulation (5) in relation to the event is implemented.

Penalty for an offence under subregulation (10): a fine of $5 000.

[Regulation 19D inserted: Gazette 5 Dec 2013 p. 5709‑11.]

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