Motor Vehicle Sports (Public Safety) Act 1985 Motor Vehicle Sports (Public Safety) Regulation 1994 (1994-433) [GG No 108 of 26.8.1994] (NSW)
1994—No. 433
MOTOR VEHICLE SPORTS (PUBLIC SAFETY) ACT 1985—
REGULATION
(Motor Vehicle Sports (Public Safety) Regulation 1994)
NEW SOUTH WALES
[Published in Gazette No. 108 of 26 August 1994] HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Motor Vehicle Sports (Public Safety) Act 1985, has been pleased to make the Regulation set forth hereunder.
C. J. Downy
Minister for Sport, Recreation and Racing.
PART 1—PRELIMINARY
Citation
1. This Regulation may be cited as the Motor Vehicle Sports (Public Safety) Regulation 1994.
Commencement
2. This Regulation commences on 1 September 1994.
Definitions and interpretation
3. (1) In this Regulation:
“Director” means the person for the time being holding or acting in
the office of Director of the Department of Sport, Recreation and
Racing;
“ground” means a motor vehicle racing ground;
“local Council”, in relation to a ground, means the Council for the
local government area in which the ground is situated;
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“official”, in relation to a meeting, means a person appointed by the licensee, promoter or organisation conducting the meeting to assist with the conduct of that meeting;
“paddock area” means any part of a ground set aside as a paddock area under clause 18 and notified by signs erected on or near that part;
“pit area” means any part of a ground set aside as a pit area under
clause 17 and notified by signs erected on or near that part;
“race meeting” means a meeting for motor vehicle racing and
includes practice for any such meeting;
“the Act” means the Motor Vehicle Sports (Public Safety) Act 1985; “track” means the part of a ground approved by the Minister, by
notice in writing to the licensee of a ground, for use by motor
vehicles for motor vehicle racing;
“unauthorised area” means any part of a ground designated an
unauthorised area by the Minister under clause 21.
(2) Notes in the text of this Regulation are explanatory notes and do not form part of this Regulation.
PART 2—LICENCES AND MOTOR VEHICLE RACING
GROUNDS
Interest in land to be held by licensee4. For the purposes of section 4 of the Act, an interest that confers on the holder of the interest the right to immediate possession of the land is a prescribed interest in land.
Application for issue of licence
5. An application for the issue of a licence for a ground must be made to the Director in the form approved by the Director and be accompanied by the following:
(a) a certificate from the local Council:
(i) stating that the development consent of the Council is not necessary for the use of the ground for the purpose of motor vehicle racing; or
(ii) giving particulars of the development consent granted by the Council for the use of the ground for that purpose and of any conditions imposed on that consent;
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(b)
if the ground is required to be licensed under the Noise Control Act 1975, a copy of the licence issued under that Act in respect of the ground and of any conditions for the time being attached to that licence;
(c)
if the ground is not required to be licensed under the Noise Control Act 1975, evidence to that effect from the Environment Protection Authority;
(d) evidence that the applicant is entitled to apply for the licence;
(e) 3 copies of the plans of, and specifications for, the ground, drawn to scale and showing details of the following: (i) the location of the ground, including details of access to the ground from public streets;
(ii) spectator areas and spectator fencing;
(iii) the length, width, composition and location of the track (unless the application is for a licence for an enduro circuit);
(iv) any safety fences and other safety devices, such as sand traps, embankments, cuttings and walls;
(v) car parks and toilets;
(vi) any parts of the ground suggested as a pit area, paddock area or unauthorised area;
(f)
a statement of the maximum number of vehicles competing at any one time for each type of event to be held at the ground;
(g)
if the applicant is not the owner of the land on which the ground is situated, evidence of the consent of the owner of the land to the use of the ground for the conduct of race meetings.
Application for renewal of licence
6. An application to renew a licence must be made by the licensee to the Director in the form approved by the Director.
Applications to be accurate and complete
7. A person must not, in or in connection with an application for a licence or renewal of a licence or to vary the conditions of or transfer a licence, make a statement or provide information knowing it to be false or misleading in a material particular.
Maximum penalty: 5 penalty units.
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Conditions of licence
8. For the purposes of section 6 (a) of the Act, the prescribed conditions of a licence are set out in Schedule 1.
Application for variation of conditions of licence
9. An application to vary the conditions of a licence for a ground required to be licensed under the Noise Control Act 1975 must, if a variation of the conditions might affect the level of noise at the ground, be accompanied by a written statement from the Environment Protection Authority to the effect that the Authority has no objection to the proposed variation.
Fees for issue and renewal of licence
10. The fee prescribed for the issue or renewal of a licence is $100.
Form of licence
11. A licence is to be in the form determined by the Director.
Notification of change in ownership of ground
12. The licensee of a ground must notify the Director immediately of any change in the person or persons who have the right to immediate possession of the land on which the ground is situated.
Transfer of licence
13. (1) An application for the transfer of a licence must be made to the
Director in writing by the person to whom the licence is to be transferred.
(2) The application must be accompanied by the following:
(a) the licence proposed to be transferred;(b) written evidence of the consent of the licensee to the transfer;
(c) written evidence that the person to whom the licence is to be transferred has the right to immediate possession of the land on which the ground to which the licence relates is situated. (3) An application for transfer of a licence is to be granted only if the Minister approves the transfer.
Approval of alterations or additions
14. (1) The licensee of a ground must submit to the Minister for approval full particulars of any proposal for alterations of or structural or other additions to the ground.
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(2) An application for approval of alterations or additions to the ground must be accompanied by the following:
(a) 3 copies of the plans and specifications for the ground, drawn to scale and showing the proposed alterations or additions in contrasting colours to the existing facilities; (b) if an approval to the alterations or additions is required by section 27 of the Noise Control Act 1975, a copy of that approval or a statement in writing from the Environment Protection Authority advising that no objection is made in respect of the proposed alterations or additions.
(3) The licensee commits an offence if any alterations or additions are made to the ground:
(a) without the approval of the Minister; or
(b)
otherwise than in accordance with any conditions imposed on any such approval.
Maximum penalty: 5 penalty units.
(4) Before starting the alterations or additions, the licensee must ensure that a copy of each of the following approvals, if required, is sent to the Director:
(a)
any approval relating to the alterations or additions required to be obtained under the Local Government Act 1993;
(b)
any approval required under section 27 of the Noise Control Act 1975;
(c)
any development consent required to be obtained under the Environmental Planning and Assessment Act 1979.
Maximum penalty: 5 penalty units.
Note. This clause does not affect any obligation the licensee has under any other law to obtain the approvals referred to in subclause (4) and to carry out the alterations or additions in accordance with those approvals.
Broadcasting structures
15. The promoter of a race meeting must not erect, or permit or direct any other person to erect, a temporary structure on the ground at which the meeting is to be held for the purpose of broadcasting that meeting by radio or television, unless the temporary structure is erected on a site specified in a written approval given by the officer-in-charge of the police station nearest to that ground.
Maximum penalty: 5 penalty units.
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Provision of effective communication system
16. The licensee of a ground must, unless exempted from this requirement by the Minister, ensure that the ground is equipped with a communication system capable of enabling the official in charge of starting to be informed verbally or by code or signal that the track is clear and that it is safe for a race or another event to start.
Maximum penalty: 5 penalty units.
Pit area
17. (1) The licensee of a ground may set aside as a pit area any part of the ground for use by the competing drivers or riders of motor vehicles and their crews for the carrying out of repairs to, or the fuelling of, motor vehicles immediately before and during a motor vehicle race.
(2) A pit area of a ground must not be located within the area bounded
by the track, unless the Minister otherwise directs under this clause.
(3) If the Minister is satisfied in a particular case that the location of a
pit area is not appropriate, the Minister may, by notice in writing to thelicensee of the ground, direct that the pit area be located in another part of
the ground (whether or not within the area bounded by the track).
(4) A person must not enter a pit area, or permit or direct another person to enter a pit area, during a race meeting unless the person entering the pit area:
(a) is authorised in writing to do so by the Minister, the licensee or the promoter of the meeting; or (b) is an official. a competitor or a member of the crew of a competing vehicle and is 16 years of age or over,
and, while in the pit area, the person clearly displays, by means of a badge or otherwise, evidence of the person’s identity and of the person’s authority to enter the pit area.
Maximum penalty: 5 penalty units.
Paddock area
18. (1) The licensee of a ground may set aside as a paddock area any part of the ground for use:
(a)
for the storage of motor vehicles used or to be used in motor vehicle racing at the ground; and
(b) for the repairing and refuelling of those vehicles.
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(2) A paddock area of a ground must not be located within the area bounded by the track, unless the Minister otherwise directs under this clause.
(3) If the Minister is satisfied in a particular case that the location of a paddock area is not appropriate, the Minister may, by notice in writing to the licensee of the ground, direct that the paddock area be located in another part of the ground (whether or not within the area bounded by the track).
(4) A person must not enter a paddock area, or permit or direct another person to enter a paddock area, during a race meeting unless the person entering the paddock area:
(a)
is authorised in writing to do so by the Minister, the licensee or the promoter of the meeting; or
(b)
is an official, a competitor or a member of the crew of a competing vehicle.
Maximum penalty: 5 penalty units.
Fuelling
19. A person must not fuel a vehicle in any part of a ground other than a pit or paddock area.
Maximum penalty: 5 penalty units.
Media personnel and photographers
20. Any person representing a television, radio station, newspaper, periodical or other publication (including any reporter, photographer and crew member) must, when entering any part of a ground (other than a spectator area) during a race meeting, clearly display:
(a)
some form of identification issued by the management of the station or publication that the person represents; and
(b)
some form of evidence that the person has been authorised to enter the area by the licensee or the promoter of the meeting.
Maximum penalty: 5 penalty units.
Restricted access to unauthorised areas
21. (1) The Minister may, by notice in writing to the licensee of a ground, designate an area of a ground as an unauthorised area.
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(2) A person (other than an official for the meeting) must not, during a race meeting, enter any unauthorised area, except in circumstances previously approved in writing by the Minister.
Maximum penalty: 5 penalty units.
Control of persons attending a race meeting
22. (1) An official for a race meeting or a police officer on duty may direct a person who contravenes a provision of this Regulation or trespasses or causes annoyance or inconvenience on any part of a ground to leave the ground or part of the ground.
(2) A person must not remain in any part of a ground after having been directed under subclause (1) to leave that part of the ground.Maximum penalty: 5 penalty units.
(3) Any person found in a part of a ground in which he or she is not permitted to be may be removed from that part of the ground by any police officer on duty.
Commencement of races or events
23. The licensee of a ground, an official for a race meeting or the promoter of a race meeting must not permit or direct any practice, race or other event to commence if the licensee, official or promoter is aware that:
(a) the track is not clear and safe; or
(b) to do so would subject any person to imminent or undue danger.Maximum penalty: 5 penalty units.
Safety fence gates not to be opened during races
24. (1) A person must not open or unfasten a gate in any safety fence at a ground while any motor vehicle is being driven in any practice, race or other event at the ground.
(2) The licensee of a ground, an official for a race meeting or the promoter of a race meeting must not permit or direct a gate in any safety fence at a ground to be opened or unfastened while any motor vehicle is being driven in any practice, race or other event at the ground.(3) Nothng in this clause prevents an ambulance, fire engine, tow-truck or other emergency vehicle from entering and using a track to attend an accident, breakdown or other similar incident.
Maximum penalty: 5 penalty units.
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Cessation of races or events
25. (1) If the senior police officer on duty at a race meeting is satisfied that any person is in imminent or undue danger if further racing or events are carried on, the officer may direct the clerk of the course or any other person in charge of the conduct of the meeting to cease immediately any racing or event and not to continue until the danger has been removed.
(2) A person to whom a direction is given under subclause (1) must comply with the direction.
(3) A licensee of a ground, an official for a race meeting or a promoter of a race meeting must not obstruct or delay the clerk of the course or another person attempting to comply with a direction given under subclause (1).
Maximum penalty (subclauses (2) and (3)): 5 penalty units.
Conveyance of passengers
26. (1) Except where previously approved by the Minister in writing:
(a)
the driver or rider of any motor vehicle competing in motor vehicle racing must not permit any other person to accompany him or her in or on the vehicle during the course of any race at a race meeting; and
(b)
a person must not accompany the driver or the rider of a motor vehicle in or on the vehicle during the course of any race at a race meeting.
Maximum penalty: 5 penalty units.
(2) Subclause (1) does not apply in respect of:
(a)
a person accompanying the rider of a motor vehicle as a passenger in any race for motorcycles fitted with side cars; or
(b)
a person accompanying the driver of a motor vehicle as a navigator or instructor.
Inspection of licensed ground
27. (1) A police officer on duty, or any other person authorised by the Minister to inspect a ground, may carry out an inspection of a licensed ground for the purpose of ascertaining whether the licensee is complying with this Regulation and the conditions of the licence for the ground.
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(2) A person must not hinder, obstruct or wilfully delay any police officer on duty, or other person authorised to inspect a ground by the Minister, who is attempting to carry out an inspection under subclause (1).
Maximum penalty: 5 penalty units.
Competitor to comply with directions
28. (1) A police officer on duty may direct a person, in the interest of public or competitor safety, not to race or compete in any event at a race meeting.
(2) A person to whom a direction is given under subclause (1) must comply with the direction.
Maximum penalty: 5 penalty units.
PART 3—PERMITS AND RECREATION VEHICLE AREAS
Organisations which may be authorised to hold meetings
29. For the purposes of section 9 (1) (b) of the Act, the following organisations are prescribed:
(a)
Confederation of Australian Motor Sport, in respect of motor car events;
(b)
Auto Cycle Union of New South Wales Limited, in respect of motor cycle events;
(c)
Australian Karting Association (New South Wales) Inc., in respect of events for vehicles commonly known as go-karts;
(d)
Federation of Australian Speedway (New South Wales Branch), in respect of speedway events.
Application for permit
30. An application for a permit to hold a meeting or meetings for a motor vehicle sport (other than motor vehicle racing) proposed to be held in a recreation vehicle area or areas must be made to the Director in the form approved by the Director and be accompanied by evidence to the satisfaction of the Minister of the following:
(a)
that the occupier of the land (whether the owner, lessee, trustee or any other person) on which the recreation vehicle area or areas are located approves of the meeting or meetings being held;
(b)
that the meeting or meetings are to be held under the control and supervision of an organisation referred to in clause 29 or a club affiliated with one or more of those organisations;
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(c)
that public risk insurance cover has been effected with an insurer approved by the Minister for a minimum of $10 million in respect of all claims arising out of the meeting or each meeting.
Applications to be accurate and complete
31. A person must not, in or in connection with an application for a permit, make a statement or provide information knowing it to be false or misleading in a material particular.
Maximum penalty: 5 penalty units.
Conditions of permits
32. For the purposes of section 10 (a) of the Act, the prescribed conditions of a permit are set out in Schedule 2.
Cessation of events
33. (1) If the senior police officer on duty at a meeting for a motor vehicle sport being conducted in a recreation vehicle area is satisfied that any person is in imminent or undue danger if further events are carried on, the officer may direct the organiser of the meeting or any official in charge of the conduct of the meeting to cease immediately the event and not to continue until the danger has been removed.
(2) A person to whom a direction is given under subclause (1) must comply with the direction.
Maximum penalty: 5 penalty units.
Directions for public or participant safety
34. (1) A person must not compete in any event at a meeting for a motor vehicle sport held with the authority of a permit if, in the interest of public or participant safety, a police officer on duty directs the person not to do so.
(2) Any person attending a meeting for a motor vehicle sport held under the authority of a permit must comply with any reasonable direction given by a police officer on duty.
Maximum penalty: 5 penalty units.
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PART 4—ADVISORY COMMITTEES
Organisations to be represented
35. For the purposes of section 6 (2) (a) of the Act, the following organisations are prescribed:
(a) Confederation of Australian Motor Sport;
(b) Auto Cycle Union of New South Wales Limited;
(c) Australian Karting Association (New South Wales) Inc.;
(d) Australian National Drag Racing Association Inc.;
(e) Federation of Australian Speedway (New South Wales Branch);(f) Australasian Speedway Promoters Association Inc.
Nomination of members for appointment to advisory committee
36. For the purposes of section 16 (2) (a) of the Act, members of the organisations referred to in clause 35 are to be nominated in writing by the organisation on the request of the Minister, in such manner and number as is specified in that request.
Functions of licensing advisory committee
37. The functions of the committee established under section 16 of the Act and known as the licensing advisory committee are as follows:
(a)
to consider all applications for new motor vehicle racing ground licences and to make recommendations to the Minister regarding the following:
(i) the granting or otherwise of those applications;
(ii) the conditions which should apply in respect of the licensing of any ground;
(iii) the location of and specifications for safety devices which need to be provided at any ground;
(iv) any other matters regarding the licensing of any particular ground;
(b)
to consider and make recommendations to the Minister about proposed alterations or additions to grounds;
(c)
to make recommendations to the Minister regarding existing grounds.
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PART 5—MISCELLANEOUS
Contravention of conditions of licences or permits
38. (1) The licensee of a ground must not contravene, by act or omission, a condition of the licence.
(2) The holder of a permit must not contravene, by act or omission, a condition of the permit.
(3) Nothing in this clause affects any liability under section 8 (Unlawful race meetings) or 12 (Contravention of conditions of permit) of the Act but this clause does not render a person liable to be proceeded against both for a contravention of either of those sections and of this clause in respect of the same act or omission.
Maximum penalty: 5 penalty units.
Repeal
39. (1) The Motor Vehicle Sports (Public Safety) Regulation 1986 is repealed.
(2) Any act, matter or thing that, immediately before the repeal of the Motor Vehicle Sports (Public Safety) Regulation 1986, had effect under that Regulation is taken to have effect under this Regulation.
SCHEDULE 1—PRESCRIBED LICENCE CONDITIONS
(CI. 8)
Insurance required
1. Before the ground is used for motor vehicle racing or practice, the licensee is to provide the Director with evidence satisfactory to the Director that public risk insurance cover has been effected with an insurer approved by the Minister for a minimum of $10 million in respect of all claims arising out of each meeting at the ground. The State of New South Wales and the Department of Sport. Recreation and Racing must be noted on the insurance policy as an insured or interested party for their respective rights and interests.
Insurance to be maintained
2. The licensee must maintain the insurance cover during the currency of the licence and notify the Director immediately on receipt of any advice from the insurer of intention to cancel the policy.
Notice of meeting to police and ambulance service
3. The licensee must, at least 14 days before the holding of a race meeting at the ground. give notice in writing of the intended meeting to each of the following:
(a) the officer-in-charge of the police station nearest to the ground;
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(b) the officer-in-charge of the ambulance station nearest to the ground.
Fire-fighting appliances
4. The licensee must provide and maintain serviceable fire-fighting appliances as
required by the Minister for the type of motor vehicle racing conducted at the ground.
Maintenance of safety fences
5. The licensee must maintain all fences and other safety devices constructed at the ground in such condition as is necessary to ensure that they provide the protection they are designed to provide.
Directions for additional safety measures
6. The licensee must comply with any written direction of the Minister served on the licensee requiring the construction of a fence or any other safety device at the ground to such specifications as are stated in the direction.
Location of pit am or paddock area
7. The licensee must comply with any written direction of the Minister served on the licensee requiring that the location of a pit area or paddock area be changed.
Plan of ground to be displayed
8. The licensee must keep the licence for the ground displayed in a position accessible to all patrons together with a copy of the plans of the ground showing the location of the various facilities at the ground, including any paddock and pit areas and any unauthorised areas.
Control of noise
9. The licensee must comply with any conditions relating to the use of the ground imposed in accordance with the Noise Control Act 1975 or Regulations made under that Act.
Toilet facilities
10. The licensee must provide and maintain sanitary accommodation for both sexes in such quantity and at such a standard as are satisfactory to the local Council.
Inspection of ground
11. The licensee must ensure that access is available to all parts of the ground:
(a) to any police officer on duty; and
(b) to any person authorised to inspect the ground by the Minister,
who desires to carry out an inspection for the purpose of ascertaining whether the
licensee is complying with this Regulation and the conditions of the licence.
SCHEDULE 2—PRESCRIBED PERMIT CONDITIONS
(Cl. 32)
Control and supervision
1. Any meeting held under the authority of the permit must be conducted under the control and supervision of an organisation referred to in clause 29 or a club affiliated with one or more of those organisations.
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Insurance required
2. Before any meeting for a motor vehicle sport is held, public risk insurance cover must be effected with an insurer approved by the Minister for a minimum of $10 million in respect of all claims arising out of the meeting.
Insurance to be maintained
3. The permit holder must notify the Director immediately on receipt of any advice from the insurer of intention to cancel the policy.
Fire-fighting appliances
4. The permit holder must ensure that serviceable fire-fighting appliances are provided and maintained at the meeting in accordance with the requirements of the organisation controlling and supervising the meeting.
Control of noise
5. The permit holder must comply with any conditions relating to the use of the
recreation vehicle area imposed in accordance with the Noise Control Act 1975 or
Regulations made under that Act.
Permit to be produced on demand
6. The permit holder must produce the permit on demand made by an authorised
officer appointed under the Recreation Vehicles Act 1983 or a police officer on duty.
Notice to police and ambulance service
7. The permit holder must, at least 14 days before the holding of a meeting for a motor vehicle sport at a recreation vehicle area to which the permit relates, give notice in writing of the intended meeting to each of the following:
(a) the officer-in-charge of the police station nearest to the area;
(b) the officer-in-charge of the ambulance station nearest to the area.
NOTES
TABLE OF PROVISIONS
PART 1—PRELIMINARY
1. Citation
2. Commencement3. Definitions and interpretation
PART 2—LICENCES AND MOTOR VEHICLE RACING GROUNDS
4. Interest in land to be held by licensee
5. Application for issue of licence
6. Application for renewal of licence
7. Applications to be accurate and complete
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8. Conditions of licence
9. Application for variation of conditions of licence
10. Fees for issue and renewal of licence
11. Form of licence
12. Notification of change in ownership of ground
13. Transfer of licence
14. Approval of alterations or additions15. Broadcasting structures
16. Provision of effective communication system
17. Pit area
18. Paddock area
19. Fuelling
20. Media personnel and photographers
21. Restricted access to unauthorised areas
22. Control of persons attending a race meeting
23. Commencement of races or events
24. Safety fence gates not to be opened during races
25. Cessation of races or events
26. Conveyance of passengers
27. Inspection of licensed ground28. Competitor to comply with directions
PART 3—PERMITS AND RECREATION VEHICLE AREAS
29. Organisations which may be authorised to hold meetings
30. Application for permit
31. Applications to be accurate and complete
32. Conditions of permits
33. Cessation of events34. Directions for public or participant safety
PART 4—ADVISORY COMMITTEES
35. Organisations to be represented
36. Nomination of members for appointment to advisory committee37. Functions of licensing advisory committee
PART 5—MISCELLANEOUS
38. Contravention of conditions of licences or permits
39. Repeal
SCHEDULE 1—PRESCRIBED LICENCE CONDITIONS
SCHEDULE 2—PRESCRIBED PERMIT CONDITIONS
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EXPLANATORY NOTE
The object of this Regulation is to repeal and remake, with minor changes of a formal nature, the provisions of the Motor Vehicle Sports (Public Safety) Regulation 1986.
The new Regulation deals with the following matters:
(a)
applications for, and conditions of, licences for use of a ground to hold race meetings;
(b) alteration of the ground used to hold a race meeting;
(c) access to the ground during race meetings;
(d) applications for, and conditions of, permits to use a recreation vehicle area for the holding of a meeting for a motor vehicle sport; (e) the organisations which are authorised to control and supervise the conduct of motor vehicle sports meetings; (f) general provisions for the safety of persons during motor vehicle sports meetings; (g) the membership and functions of advisory committees established under the Act.
This Regulation is made under the Motor Vehicle Sports (Public Safety) Act 1985. including section 17 (the general regulation making power), section 4 (Licences), section 6 (Conditions of licences), section 9 (Permits), section 10 (Conditions of permits) and section 16 (Advisory committees).
This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.
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