Events, functions and venues policy

8. An event or function may be approved by either:

   • a lease or licence under the National Parks and Wildlife Act 1974 (NPW Act), following application of the Act's assessment criteria
   • a consent under clause 25 of the National Parks and Wildlife Regulation 2019 (NPW Regulation).

   Where approval may be granted by a lease or licence, a report that addresses the assessment criteria must be prepared for the Minister.

   Under the NPW Act, a lease or licence of land to provide a venue to host conferences and functions may only be granted where the venue is ancillary to accommodation facilities or to general facilities and amenities for visitors and tourists. However, this still allows for venues to be created through the adaptive reuse of existing buildings and structures, or in a modified natural area identified in a park plan of management.

9. Although not required by the NPW Act, NPWS:
   • will apply the Sustainability Guidelines to any events, functions and venues provided and managed by NPWS
   • may require the Sustainability Guidelines to be applied to a proposal that requires a consent, if that would help to achieve the aims of this policy.
10. If a lessee proposes an event or function on their leased lands that is not covered by the terms of the lease, they must seek approval (including an appropriate licence or consent) from NPWS in the same manner as any other proponent.
11. If a third party wishes to hold an event or function on leased land, they must seek the permission of the lessee in addition to the approvals required from the park authority. Permission so granted must not be inconsistent with any conditions of the approval granted by NPWS.

12. An appropriate level of environmental assessment will be required. Minor proposals will only require the completion of a simple conservation risk assessment.
13. Although an event or function is not generally in itself considered to be an 'activity' (for the purpose of determining impacts under environmental protection legislation), associated activities or actions may be, and so a review of environmental factors or environmental impact statement may be required. Seek advice from the Department of Climate Change, Energy, the Environment and Water's Legal Services if the status of activities is unclear.

14. NPWS will charge fees to recover costs associated with the event.
15. Fees that apply to the general public (for example, park-entry fees or camping fees) will continue to apply.
16. NPWS may also impose:
    • fees based on the number of event participants
    • a security/environmental bond.
17. NPWS may waive or reduce fees for events or functions that:
    • are non-commercial and being held by a not-for-profit or charitable organisation or as a community service, and do not require resources from NPWS
    • benefit parks and their conservation, for instance, by:
      • providing infrastructure or contributing funds for restoration works
      • increasing awareness of the natural and cultural values of parks and their conservation.

18. Use of land or a facility (that is, a venue) should be approved under a lease if the proponent:
    • requires on-going exclusive rights to occupy and use the land or the facility for 5 years or longer (even if that use is not 24 hours a day, 7 days a week)
    • will use the land for a cumulative period that exceeds 3 months in any 12-month period.
19. A consent should be used where:
    • exclusive rights to occupy and use land are not required (that is, where the general public is not excluded from the part of the park where the activity will occur)
    • the event or function is of a one-off nature or short duration
    • the event or function is small-scale and simple, no permanent physical works or permanent structures are required, and any temporary works are limited and completely reversible (for example, marquees, portable toilets or portable offices).
20. A licence should be used in all other circumstances.

Consultation with Aboriginal people

21. If an application is made for an event or function on land that is subject to a lease under Part 4A of the NPW Act, the Minister may only grant a lease or licence with the concurrence of the relevant board of management for the land concerned. The lease or licence must be consistent with the terms of the Part 4A lease.

    On land subject to an Indigenous land use agreement:

    • any consultation and consent requirements in these agreements must be followed, and any licence application determined, according to the requirements set out in the agreement on a case-by-case basis
    • if there has been a determination of native title, there may be additional requirements under the Native Title (New South Wales) Act 1994.

    On land subject to a co-management memorandum of understanding (MOU) with Aboriginal people, NPWS will take into account any views and interests of Aboriginal owners or the local Aboriginal community in accordance with the consultative requirements specified in the agreement which applies to the particular park.

    On land subject to Native Title claims, NPWS will take into account any views and interests of Native Title claimants.

Occupation period

22. The conditions of approval should specify the period an event or function may occupy the site, including the time to:
    • set up the event or function, including undertaking any works required ('bump in' date(s) during the 'bump in' hours)
    • hold the event or function
    • pack up, clean up and restore the site (if necessary) after the event or function ('bump out' date(s) during the 'bump out' hours).

Acknowledgements

23. NPWS may require brochures and/or advertising for events or functions to acknowledge:
    • that the event or function is in a park
    • NPWS's role in the event or function
    • the conditions of operation
    • that the event is being held on Aboriginal Country.

Policy adopted October 2010.
Policy last updated September 2020.

Scope and application

This policy applies to all lands acquired or reserved under the National Parks and Wildlife Act 1974 (NPW Act), except:

• the alpine resorts areas in Kosciuszko National Park.
• lands reserved under Part 4A of the NPW Act (unless the Board of Management for those lands has adopted the policy). However, NPWS staff can use the policy as guidance in their dealings with Boards of Management.

This policy does not apply to the granting of licences for commercial tours issued under section 152 of the NPW Act or to commercial filming and photography.

Definitions

Assessment criteria means the criteria adopted under section 151B(3) of the NPW Act. The Minister is to have regard to these assessment criteria prior to granting a lease or licence for events, functions and venues.

Event means an organised group activity open to the general public. Examples of events are:

• concerts, public meetings or demonstrations
• conferences
• educational activities
• organised sporting and endurance activities.

Function means an organised group activity that is not open to the general public (for example, a wedding).

Non-commercial means an event or function that makes no profit or generates no additional reward (financial or otherwise) over the recovery of direct costs.

PoM means a plan of management under the NPW Act.

Venue means a location or facility identified for holding events or functions. Venues are usually buildings but can also be outdoor areas. They may be temporary or permanent.