New South Wales Consolidated Regulations

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LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 117

Exemptions from section 47A of the Act (Leases, licences and other estates in respect of community land--terms of 5 years or less)

117 Exemptions from section 47A of the Act (Leases, licences and other estates in respect of community land--terms of 5 years or less)

(1) Leases, licenses and other estates granted for the following purposes are exempt from the provisions of section 47A of the Act:
(a) residential purposes, where the relevant community land has been developed for the purposes of housing owned by the council,
(b) the provision of pipes, conduits or other connections under the surface of the ground for the connection of premises adjoining the community land to a facility of the council or other public utility provider that is situated on the community land,
(c) use and occupation of the community land for events such as:
(i) a public performance (that is, a theatrical, musical or other entertainment for the amusement of the public),
(ii) the playing of a musical instrument, or singing, for fee or reward,
(iii) engaging in a trade or business,
(iv) playing of any lawful game or sport,
(v) delivering a public address,
(vi) conducting a commercial photographic session,
(vii) picnics and private celebrations such as weddings and family gatherings,
(viii) filming,
(d) a purpose referred to in clause 116 (3) or (4).
(2) However, the use or occupation of community land for events listed in subclause (1) (c) is exempt only if:
(a) the use or occupation does not involve the erection of any building or structure of a permanent nature, and
(b) in the case of any use or occupation that occurs only once, it does not continue for more than 3 consecutive days, and
(c) in the case of any use or occupation that occurs more than once, each occurrence is for no more than 3 consecutive days, not including Saturday and Sunday, and the period from the first occurrence until the last occurrence is not more than 12 months.



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