1995—No. 508 (NSW)

1995—No. 508

PARRAMATTA STADIUM TRUST ACT 1988—BY-LAW

(Parramatta Stadium Trust By-law 1995)

NEW SOUTH WALES

[Published in Gazette No. 105 of 1 September 1995]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Parramatta Stadium Trust Act 1988, has been pleased to approve the By-law made by the Parramatta Stadium Trust and set forth hereunder.

GABRIELLE HARRISON

Minister for Sport and Recreation.

PART 1—PRELIMINARY

Citation

1. This By-law may be cited as the Parramatta Stadium Trust By-law

1995.

Commencement

2. This By-law commences on 1 September 1995.

Definitions

3. In this By-law:

“reserved area” means a grandstand in the Stadium, or a part of a

grandstand in the Stadium, that is set aside for reserved seats in

accordance with clause 4;

“reserved seat” means a seat that is situated within a reserved area;
“Stadium” means the stadium that is situated on the trust land;
“the Act” means the Parramatta Stadium Trust Act 1988;

“ticket” means a ticket issued by or with the authority of the Trust,

being a ticket that authorises its holder:

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(a) to enter the Stadium or a reserved area within the Stadium; or

(b) to occupy a reserved seat within the Stadium;

“Trust” means the Parramatta Stadium Trust.

Reserved areas

4. The Trust may, either generally or for a particular event, set aside any grandstand in the Stadium, or any part of a grandstand in the Stadium, for reserved seats.

PART 2—REGULATION OF CONDUCT ON TRUST LAND

Entry to trust land

5. (1) The Trust may impose such conditions as the Trust thinks fit, by means of notices conspicuously displayed on or about the trust land or the giving of directions, on the admission of persons or vehicles to the trust land.

(2) A person must not fail to comply with any condition to which the person’s entrance was subject.

Maximum penalty: 5 penalty units.

Entry to Stadium

6. A person who is not in lawful possession of an appropriate ticket must not:

(a) enter or remain in the Stadium or any reserved area; or

(b) occupy a reserved seat.

Maximum penalty: 5 penalty units.

Tickets

7. (1) The Trust may direct any person:

(a) who is within the Stadium or any reserved area; or

(b) who is occupying a reserved seat,

to produce an appropriate ticket for inspection by the Trust.

(2) The Trust may direct a person who is in unlawful possession of a

ticket to surrender the ticket to the Trust.

(3) A person must not fail to comply with a direction under this clause.
Maximum penalty: 5 penalty units.

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Liquor

8. A person must not bring liquor onto the trust land otherwise than for the purpose of supply to premises the subject of:

(a) a licence under the Liquor Act 1982; or
(b) a certificate of registration under the Registered Clubs Act 1976.

Maximum penalty: 5 penalty units.

Pollution of trust land

9. A person must not, within the trust land:

(a)	deposit or cause to be deposited for disposal any refuse, rubbish or industrial waste; or
(b)	leave or cause to be left any litter, bottle, broken glass, china, pottery, plastic, rubbish, refuse or waste material other than in a receptacle provided by the Trust for that purpose; or
(c)	deposit or cause to be deposited any oil or allow any oil to escape; or

(d) pollute or cause to be polluted any water.

Maximum penalty: 5 penalty units.

Entry onto playing fields

10. A person must not enter or remain on a playing field within the trust land unless the person is:

(a) a participant in any football match, game, sport or event that is held with the permission of the Trust; or

(b) a person engaged in the control or management of any football match, game, sport or event held with the permission of the Trust.

Maximum penalty: 5 penalty units.

Exclusion of public from certain areas

11. (1) The Trust may, by means of notices or barriers, exclude the public from any part of the trust land.

(2) A person must not enter any part of the trust land from which the public has been so excluded.

Maximum penalty: 5 penalty units.

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Damage to trust land and structures and vegetation on trust land

12. A person must not, within the trust land:

(a)	damage any lawn, green or playing field, except in the course of, and as a normal incident of, a sporting event or training for a sporting event; or
(b)	remove, uproot, or cause damage to, or remove any part from, a tree, shrub, fern, creeper, vine, palm, plant or other vegetation; or

(c) remove any timber, log or stump, standing or fallen; or

(d) deface a rock or dig up any soil, sand, stone or similar substance; or

(e) write on, paint on or damage, deface or interfere with:

(i)  any road, path, fence, barrier, gate, fence-post, wall, building, structure, seat, furniture, play equipment, fountain, statue, ornament or monument or any sign, notice, descriptive plate, label or other fixture or fitting erected, displayed or placed by the Trust; or

(ii) any machinery or equipment; or

(f) light any fire; or

(g)	climb in any tree or on any building, or climb or jump over any fence, seat, table, enclosure or other structure; or
(h)	destroy, capture, injure or annoy any animal living within the trust land; or

(i) destroy or interfere with the habitat of any animal.

Maximum penalty: 5 penalty units.

Animals on trust land

13. A person must not, within the trust land:

(a) allow any stock to depasture; or

(b)	allow any animal in the person’s custody or under the person’s control to enter or remain (unless the animal is to be or is being exhibited in an authorised show or display); or
(c)	ride or act contrary to any sign erected by the Trust that regulates the movement or confinement of animals.

Maximum penalty: 5 penalty units.

Hazardous or annoying behaviour

14. A person must not, within the trust land:

(a) throw or project any stone or other missile except at a side show or ring display authorised by the Trust or in the course of, and as a normal incident of, a sporting event or training for a sporting

event; or

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(b)	do or say anything calculated to hinder or interfere with the proper progress of any match, game, sport or event or the packing up or removal of equipment after an event; or
(c)	enter or mount any stage or performing area with the intention of hindering or interfering with a performance or the preparations for a performance.

Maximum penalty: 5 penalty units.

Commercial activities

15. A person must not, within the trust land:

(a) collect or attempt to collect any money; or

(b)	sell or hire or attempt to sell or hire, expose for sale or hire or solicit for sale or hire any papers, printed matter, food, article, thing or service to any person; or
(c)	conduct, or cause or assist the operation of, any amusement, entertainment, instruction or performance, either for money or consideration of any kind whatever, or so as to compete with or hinder the commercial operations of any person or body possessing a lease or licence from the Trust; or
(d)	organise, attend or participate in, or cause to be organised, any public meeting, function, demonstration or gathering; or
(e)	display or distribute any commercial or political advertising matter, sign, bill, poster or other printed matter; or
(f)	erect any house, booth, bar, shed, stall, hoarding, notice or other structure; or
(g)	have or use television, cinematographic, photographic, broadcasting or recording equipment for commercial purposes.

Maximum penalty: 5 penalty units.

Recreational activities

16. A person must not, within the trust land: (a) ride any cycle on any grassed portion; or (b) ride any skateboard; or

(c) operate a motorised model aircraft, boat, car or similar thing; or

(d) operate a radio, cassette, record player or any other instrument using amplified sound at a volume likely to cause a nuisance or annoyance to any person; or

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(e) bathe, wade, wash or swim in any lake, pond, stream or ornamental water; or

(f) play or practise golf; or
(g) light any fire; or
(h) discharge fireworks.

Maximum penalty: 5 penalty units.

Camping and erection of structures on trust land

17. (1) A person must not, on any part of the trust land:

(a) camp or reside; or

(b) erect or occupy or cause to be erected or occupied any building, tent, screen, awning, enclosure or other structure or thing.

Maximum penalty: 5 penalty units.

(2) A person who has erected or occupied or caused to be erected or occupied any building, tent, screen, awning, enclosure or other structure or thing contrary to this clause must, when required by the Trust, immediately remove that building, tent, screen, awning, enclosure or other structure or thing.

Maximum penalty: 5 penalty units.

(3) If a person fails to comply with any such requirement, the Trust:

(a)	may remove, or cause to be removed, the building, tent, screen, awning, enclosure or other structure or thing to the care of the person to whom the direction was given; or
(b)	may impound the building, tent, screen, awning, enclosure or other structure or thing.

(4) Property that is impounded under this clause is taken to be impounded under the Impounding Act 1993, and is to be dealt with accordingly.

PART 3—VEHICLES

Admission of vehicles

18. (1) The Trust may refuse to admit a vehicle to the trust land.

(2) A person must not cause a vehicle to enter the trust land if

admission is refused by the Trust.

Maximum penalty: 5 penalty units.

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Driving and parking

19. (1) The Trust may, by means of notices or barriers, regulate the

driving and parking of vehicles on the trust land.

(2) A person must not cause a vehicle to be driven or parked on the trust land in wilful contravention of any such sign or in wilful disregard of any such barrier.

Maximum penalty: 5 penalty units.

(3) The Trust:

(a)	may from time to time fix a scale of charges for the parking of vehicles on the trust land; and
(b)	may demand and receive such charges from any person parking a vehicle on the trust land.

(4) The Trust may direct a person to remove from the trust land any unlawfully parked vehicle that is under the person’s control.

(5) A person must not fail to comply with a direction under this clause.
Maximum penalty: 5 penalty units.

(6) For the purposes of this clause, “park” includes stand and wait.

PART 4—GENERAL

Directions relating to booths and bars

20. (1) The Trust may give directions for the conduct of any booth,

bar, stall or stand situated within the trust land.

(2) A person conducting any such booth, bar, stall or stand must not fail to comply with a direction under this clause.

Maximum penalty: 5 penalty units.

Removal of persons from trust land

21. (1) The Trust may direct a person to leave the trust land or a reserved area:

(a) if the person is unlawfully within the trust land or reserved area; or

(b) if the person is contravening any provision of this By-law; or

(c) if the person is causing annoyance or inconvenience to members of the public who are lawfully and peaceably within the trust land or the reserved area.

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(2) A person must not fail to comply with a direction under this clause.
Maximum penalty: 5 penalty units.

(3) The Trust may remove from the trust land or from a reserved area

any person who fails to comply with a direction under this clause.

Exercise of Trust’s powers

22. (1) A power that is conferred on the Trust by this By-law may be exercised by any person authorised under this clause to exercise that power.

(2) The Trust may authorise any trustee, any member of staff of the Trust, any police officer or any other person to exercise a power conferred on the Trust by this By-law.

Hindering and obstructing

23. A person must not hinder or obstruct:

(a)	any person in the exercise of a power conferred on the person by or under this By-law; or
(b)	any contractor to the Trust in the performance of the contractor’s work.

Maximum penalty: 5 penalty units.

Certain acts and omissions not to be offences
24. (1) A person does not commit an offence under this By-law if the act or omission giving rise to the offence was done or omitted:

(a)	by a trustee or a member of staff of the Trust in the exercise of his or her employment as such; or
(b)	in accordance with the conditions (whether express or implied) of a lease or licence granted by the Trust; or

(c) under the direction or with the consent of the Trust.

(2) The consent of the Trust referred to in this clause may be given

generally or in a particular case.

Repeal

25. (1) The Parramatta Stadium Trust By-law 1989 is repealed.
(2) Any act, matter or thing that, immediately before the repeal of the

Parramatta Stadium Trust By-law 1989, had effect under that By-law continues to have effect under this By-law.

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NOTES

TABLE OF PROVISIONS

PART 1—PRELIMINARY

1.       Citation

2.       Commencement

3.       Definitions

4.       Reserved areas

PART 2—REGULATION OF CONDUCT ON TRUST LAND

5.       Entry to trust land

6.       Entry to Stadium

7.       Tickets

8.       Liquor

9.        Pollution of trust land

10.      Entry onto playing fields

11.      Exclusion of public from certain areas

12.      Damage to trust land and structures and vegetation on trust land

13.      Animals on trust land

14.      Hazardous or annoying behaviour

15.      Commercial activities

16.      Recreational activities

17.      Camping and erection of structures on trust land

PART 3—VEHlCLES

18.      Admission of vehicles

19.      Driving and parking

PART 4—GENERAL

20.      Directions relating to booths and bars

21.      Removal of persons from trust land

22.      Exercise of Trust's powers

23.      Hindering and obstructing

24.      Certain acts and omissions not to be offences

25.      Repeal

EXPLANATORY NOTE

The object of this Regulation is to repeal and remake, without any changes in

substance, the provisions of the Parramatta Stadium Trust By-law 1989. The new By-

law

:

(a)	regulates the entry of persons into the Parramatta Stadium and areas within the Stadium and the conduct of persons in the Stadium (Part 2); and
(b)	regulates the entry of vehicles to the Stadium and the driving and parking of vehicles in the Stadium (Part 3); and

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(c)	requires a person having a booth or stall in the Stadium to comply with directions of the Trust (clause 20); and
(d)	provides for the removal from the Stadium of persons found contravening the provisions of the By-law or causing annoyance to members of the public (clause 21); and
(e)	enables the Trust to authorise any trustee, any member of staff of the Trust, any police officer or any other person to exercise a power conferred on the Trust by the By-law (clause 22); and
(f)	makes it an offence for a person to obstruct a person carrying out functions under the By-law or any contractor to the Trust while performing work for the Trust (clause 23); and
(g)	provides that a person does not contravene the By-law if the person is a trustee or is acting in the course of employment as a member of staff of the Trust, or is acting in accordance with a lease or licence granted by the Trust or with the consent of the Trust (clause 24); and

(h) contains formal provisions (Part 1 and clause 25).

This Regulation is made under the Parramatta Stadium Trust Act 1988, including section 21 (the general by-law making power).

This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.