Place of Public Entertainment

From 26 October 2007, regulation of the erection of temporary structures and the use of buildings or temporary structures as a place of public entertainment will be transferred to the Environmental Planning and Assessment Act 1979 from the Local Government Act 1993.

To enable conformity with the new requirements under the Environmental Planning and Assessment Act 1979, places of public entertainment will be required to submit (and have determined) a development application prior to 26 October 2009.

The legislative changes streamline the approval requirements for these types of development while continuing to provide for public safety. The changes will promote opportunities for live entertainment and make it easier to stage some private functions and community events where temporary structures are to be erected.

Places of public entertainment include theatres, cinemas and public halls used for public entertainment and licensed premises and registered clubs used for entertainment including public entertainment.

Commencement of the SEPP and amending regulation will coincide with the transfer of the regulation of the installation of temporary structures and the use of buildings or temporary structures as places of public entertainment from the Local Government Act, 1993 to the Environmental Planning and Assessment Act, 1979. The purpose of this transfer is to consolidate regulation of these two building-related activities into the planning system and streamline approval requirements of such activities. The changes will have the benefit of ending the duplication of regulatory requirements, while continuing to provide for public safety.

There are transitional provisions for current applications and new applications within the SEPP.

As a result of the SEPP and related regulation amendments, some uses of places of public entertainment and the erection of temporary structures will require a development application, while others will be able to be approved via the fast-track complying development path, or if they would have a minimal impact, may be considered exempt development and require no planning approval.

The Department will shortly be issuing detailed guidelines on the regulation. In the meantime you can review the SEPP (Temporary Structures and Places of Public Entertainment), the Environmental Planning & Assessment Amendment (Temporary Structures and Places of Public Entertainment) Regulation 2007 and the Local Government and Environmental Planning & Assessment Amendment (Transfer of Functions) Act 2001 on the Parliamentary Counsel Office website at www.legislation.nsw.gov.au (see Browse A to Z As Made).

Place of Public Entertainment Fact Sheet (16KB)