Motor Vehicle Sports (Public Safety) Regulation 2025 (NSW)

Part 1Preliminary1Name of regulation

This regulation is the Motor Vehicle Sports (Public Safety) Regulation 2025.

2Commencement

This regulation commences on 1 September 2025.

Note—

This regulation replaces the Motor Vehicle Sports (Public Safety) Regulation 2015, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).

3Definitions

The dictionary in Schedule 2 defines words used in this regulation.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Part 2Licences4Interest in land to be held by licensee—the Act, s 4

An interest in land that confers on the holder of the interest the right to immediate possession of the land is a prescribed interest in the land.

5Application for issue of licence—the Act, s 17(1)

An application for the issue of a licence to use land as a motor vehicle racing ground must be made to the chief executive in the form approved by the chief executive.

(2)

The application must also be accompanied by the following—

• (a)

  a certificate from the local council—

  • (i)

    stating that the land may be used for motor vehicle racing without development consent, or

  • (ii)

    giving particulars of the development consent that authorises the land to be used for motor vehicle racing, including the conditions of the development consent,

• (b)

  evidence that the applicant has the right to immediate possession of the land,

• (c)

  evidence of the public risk insurance cover required by Schedule 1, section 1,

• (d)

  3 copies of the plans and specifications for the motor vehicle racing ground, drawn to scale and showing details of the following—

  • (i)

    the location of the ground, including details of access to the ground from roads or road related areas,

  • (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)

    safety devices, including safety fences, sand traps, embankments, cuttings and walls,

  • (v)

    car parks and toilets,

  • (vi)

    pit areas and paddock areas,

• (e)

  a statement of the maximum number of vehicles competing at any one time for each type of event to be held at the ground,

• (f)

  for an applicant who is not the owner of the land—evidence of the consent of the owner of the land to the use of the land for the conduct of race meetings.

6Application for renewal of licence—the Act, s 17

An application to renew a licence must be made by the licensee to the chief executive in the form approved by the chief executive.

7Conditions of licence—the Act, s 6(a)

Schedule 1 sets out the prescribed conditions of a licence.

8Fees for issue and renewal of licence—the Act, s 17

The fee prescribed for the issue or renewal of a licence is $100.

9Transfer of licence—the Act, s 17(1)

The Minister may approve the transfer of a licence if an application is made in accordance with this section.

(2)

The application must be made to the chief executive in writing by the person to whom the licence is to be transferred.

(3)

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 to which the licence relates.

10Contravention of conditions of licences—the Act, ss 6 and 17(1)

The holder of a licence must not contravene a condition of the licence.

Maximum penalty—5 penalty units.

(2)

A person must not, for the same act or omission, be prosecuted—

• (a)

  for a contravention of this section, and

• (b)

  for a contravention of the Act, section 8.

Part 3Motor vehicle racing grounds11Approval of alterations or additions—the Act, s 17(1)

A licensee must ensure that no alteration or addition is made to a ground to which the license relates unless the alteration or addition—

• (a)

  is approved by the Minister, and

• (b)

  is carried out in accordance with the conditions of the approval.

Maximum penalty—5 penalty units.

(2)

An application for the approval of the Minister must—

• (a)

  be sent to the chief executive, and

• (b)

  include full particulars of the alteration or addition, and

• (c)

  be accompanied by 3 copies of the plans and specifications for the ground, drawn to scale and showing the proposed alteration or addition in contrasting colours to the existing facilities.

(3)

It is a condition of the approval that, before starting the alteration or addition, the licensee must, if required—

• (a)

  obtain development consent for the alteration or addition, and

• (b)

  give a copy of the development consent to the chief executive.

(4)

A person must not be prosecuted under this section in relation to carrying out the alteration or addition if the person has been prosecuted under the Environmental Planning and Assessment Act 1979 for carrying out the alteration or addition without development consent.

(5)

A person must not be prosecuted under subsection (1)(b) for carrying out the alteration or addition otherwise than in accordance with a condition of the approval of the Minister if—

• (a)

  the person has been prosecuted under the Environmental Planning and Assessment Act 1979 for carrying out the alteration or addition otherwise than in accordance with a condition of the development consent, and

• (b)

  the condition of the approval and the condition of the development consent are substantially to the same effect.

12Broadcasting structures—the Act, s 17(1)

The promoter of a race meeting at a ground must ensure that a temporary broadcasting structure is not erected at a site at the ground unless police approval has been given in accordance with this section.

Note—

Development consent may also be required.

Maximum penalty—5 penalty units.

(2)

Police approval is given if the officer in charge of the police station nearest to the ground gives written approval for the temporary broadcasting structure to be erected at the site.

(3)

In this section—

temporary broadcasting structure means a temporary structure to be used to broadcast the event involving motor vehicle racing by radio or television.

13Provision of effective communication system—the Act, s 17(1)

It is a condition of a licence that the licensee must ensure that the ground to which the licence relates is equipped with a communication system in accordance with this section.

(2)

The communication system must be capable of enabling the official in charge of starting to be notified that—

• (a)

  the track is clear, and

• (b)

  it is safe for a race or another event to start.

(3)

The Minister may, on the application of the licensee, vary or remove the condition imposed by this section.

14Setting aside pit and paddock areas—the Act, s 17(1)

A licensee may set aside part of a ground to which the licence relates as a pit area or paddock area.

(2)

The Minister may direct the licensee to relocate the pit area or paddock area to a different part of the ground.

(3)

The Minister may give the direction—

• (a)

  in writing, and

• (b)

  if satisfied that the location of the pit area or paddock area proposed by the licensee is inappropriate.

(4)

The licensee must ensure the pit area or paddock area—

• (a)

  is not within the area bounded by the track, unless this is in accordance with a direction of the Minister, and

• (b)

  is clearly marked by signs erected on or near the area.

15Entry to pit and paddock areas—the Act, s 17(1)

A person, other than an authorised person, must not enter a pit area or paddock area during a race meeting.

Maximum penalty—5 penalty units.

(2)

A person must not direct another person to enter a pit area or paddock area during a race meeting unless the other person is an authorised person.

Maximum penalty—5 penalty units.

(3)

A person in a pit area during a race meeting must clearly display evidence of—

• (a)

  the person’s identity, and

• (b)

  the person’s authority to be in the pit area.

Maximum penalty—5 penalty units.

(4)

In this section—

authorised person means—

• (a)

  an official for the race meeting, or

• (b)

  a driver or crew member for a motor vehicle competing at the race meeting, or

• (c)

  a person authorised in writing to enter the relevant pit area or paddock area by—

  • (i)

    the Minister, or

  • (ii)

    the licensee, or

  • (iii)

    the promoter of the race meeting.

16Fuelling—the Act, s 17

A person must not fuel a vehicle in a ground except in a pit area or paddock area.

Maximum penalty—5 penalty units.

17Media representatives—the Act, s 17(1)

A media representative must not enter a ground during a race meeting unless the representative clearly displays—

• (a)

  identification issued by the organisation the person represents, and

• (b)

  evidence that the representative has been authorised to enter the area by the licensee or the promoter of the meeting.

Maximum penalty—5 penalty units.

(2)

This section does not apply to part of a ground set aside for spectators.

(3)

In this section—

media representative means a person representing a television station, radio station, newspaper, periodical or other publication and includes a reporter, photographer or other crew member.

18Restricted access to unauthorised areas—the Act, s 17(1)

A person must not enter an unauthorised area at a ground during a race meeting, unless—

• (a)

  the person is an official for the race meeting, or

• (b)

  the person enters with the Minister’s approval.

Maximum penalty—5 penalty units.

(2)

An area is an unauthorised area if the Minister has designated it as an unauthorised area by giving written notice of the designation to the licensee.

19Inspection of licensed ground—the Act, s 17(1)

An authorised inspector may carry out an inspection of a ground to which a licence relates to ascertain whether the licensee is complying with—

• (a)

  this regulation, and

• (b)

  the conditions of the licence.

(2)

A person must not hinder, obstruct or wilfully delay an authorised inspector in the exercise of functions under this section.

Maximum penalty—5 penalty units.

(3)

In this section—

authorised inspector, for an inspection of a ground, means—

• (a)

  a police officer, or

• (b)

  a person authorised in writing by the Minister to carry out the inspection.

Part 4Race meetings20Definition

In this part—

relevant person, for a race meeting at a ground, means—

• (a)

  the licensee, or

• (b)

  an official for the race meeting, or

• (c)

  the promoter of the race meeting.

21Commencement of races or events—the Act, s 17

A relevant person for a race meeting at a ground must take reasonable steps to prevent the commencement of a race or event that is part of the race meeting if the relevant person is aware that—

• (a)

  the track is not clear and safe, or

• (b)

  to allow a vehicle to be driven would subject a person to imminent or undue danger.

Maximum penalty—5 penalty units.

22Safety fence gates not to be opened during races—the Act, s 17(1)

A person must not open a gate in a safety fence at a ground while a motor vehicle is being driven at the ground during a race meeting.

Maximum penalty—5 penalty units.

(2)

A relevant person for a race meeting at a ground must not direct another person to open a gate in a safety fence at the ground while a motor vehicle is being driven at the ground during the race meeting.

Maximum penalty—5 penalty units.

(3)

A relevant person for a race meeting at a ground must take reasonable steps to prevent a gate in a safety fence at the ground being opened by a person while a motor vehicle is being driven at the ground during the race meeting.

Maximum penalty—5 penalty units.

(4)

This section does not apply if opening the gate is necessary to enable a tow truck or emergency vehicle to enter the track to attend an accident, breakdown or other similar incident.

(5)

In this section—

open, a gate, includes unfasten the gate.

23Cessation of races or events—the Act, s 17(1)

The senior police officer at a race meeting at a ground may direct the person in charge of the conduct of the race meeting to immediately stop a race or event that is part of the race meeting.

(2)

The direction may be given if the police officer is satisfied that a person is in imminent or undue danger if further racing or events are carried on at the ground.

(3)

The direction ceases to have effect when the danger has been removed.

(4)

The person given the direction must comply with the direction.

Maximum penalty—5 penalty units.

(5)

A relevant person for a race meeting at a ground must not obstruct or delay a person attempting to comply with a direction given to the person in relation to the race meeting.

Maximum penalty—5 penalty units.

24Conveyance of passengers—the Act, s 17(1)

This section applies to a motor vehicle competing in a motor vehicle race at a ground.

(2)

The driver of the motor vehicle must not permit another person to be in or on the vehicle during the race.

Maximum penalty—5 penalty units.

(3)

A person, other than the driver of a vehicle, must not be in or on the vehicle during the race.

Maximum penalty—5 penalty units.

(4)

This section does not apply to a person who is in or on a vehicle—

• (a)

  as a passenger in a race for motorcycles fitted with side cars, or

• (b)

  as a navigator or instructor, or

• (c)

  in accordance with the Minister’s approval.

25Competitor to comply with directions—the Act, s 17(1)

A police officer may direct a person not to race or compete in an event at a race meeting.

(2)

The direction may be given if the police officer considers it to be necessary for the safety of—

• (a)

  the public, or

• (b)

  a competitor in the race or event.

(3)

The person to whom the direction is given must comply with the direction.

Maximum penalty—5 penalty units.

26Control of persons attending a race meeting—the Act, s 17(1)

A person may be directed to leave a ground or part of a ground if the person—

• (a)

  contravenes this regulation, or

• (b)

  trespasses, or

• (c)

  causes an inconvenience.

(2)

The direction may be given by—

• (a)

  a police officer, or

• (b)

  an official for a race meeting conducted at the ground.

(3)

The person given the direction must comply with the direction.

Maximum penalty—5 penalty units.

(4)

A police officer may remove a person from a part of a ground if the person is not permitted to be in the part.

Part 5Miscellaneous27Advisory committees—the Act, s 16(1)

The following organisations are prescribed—

• (a)

  Australian National Drag Racing Association Limited,

• (b)

  Confederation of Australian Motor Sport Ltd,

• (c)

  Karting (New South Wales) Incorporated,

• (d)

  Motorcycling NSW Limited,

• (e)

  National Association of Speedway Racing Limited.

(2)

A prescribed organisation must nominate one or more members of the organisation to be members of an advisory committee when requested by the Minister.

(3)

The nomination must be in writing and made in the way required by the Minister.

28Savings

An act, matter or thing that, immediately before the repeal of the Motor Vehicle Sports (Public Safety) Regulation 2015, had effect under that regulation continues to have effect under this regulation.

Schedule 1Prescribed licence conditions

section 7

1Insurance required

The licensee must ensure that the ground is not used for motor vehicle racing until the chief executive is satisfied that—

• (a)

  public risk insurance cover has been obtained for all claims that may arise out of the race meetings at the ground, and

• (b)

  the State of New South Wales, represented by the Minister, is noted on the insurance policy as an insured or interested party for its relevant rights and interests.

2Insurance to be maintained

The licensee must maintain the insurance cover during the currency of the licence and notify the chief executive immediately if the insurer advises the licensee of an intention to cancel the policy.

3Notice of meeting to police and ambulance service

The licensee must, at least 14 days before holding a race meeting at the ground, give written notice of the intended meeting to each of the following—

• (a)

  the officer in charge of the police station nearest to the ground,

• (b)

  the officer in charge of the ambulance station nearest to the ground.

4Fire fighting appliances

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.

5Maintenance of safety devices

The licensee must ensure all safety devices, including fences, constructed at the ground—

• (a)

  are maintained in good condition, and

• (b)

  provide the protection for which the devices were designed.

6Directions for additional safety measures

The licensee must comply with a direction of the Minister given to the licensee requiring the construction of a fence or other safety device at the ground to the specifications stated in the direction.

7Location of pit area or paddock area

The licensee must comply with a direction of the Minister given to the licensee under this regulation, section 14 requiring the relocation of a pit area or paddock area.

8Plan of ground to be displayed

The licensee must display the following in a position accessible to all patrons of the ground—

• (a)

  the licence,

• (b)

  the plans of the ground showing the location of the following—

  • (i)

    facilities,

  • (ii)

    pit areas,

  • (iii)

    paddock areas,

  • (iv)

    unauthorised areas.

9Toilet facilities

The licensee must ensure toilet facilities at the ground are considered to be satisfactory by the local council.

10Inspection of ground

The licensee must ensure that an authorised inspector who is carrying out an inspection of the ground under this regulation, section 19 has access to all parts of the ground.

11Reporting of serious accidents(1)

The licensee must give an accident report if during a race meeting at the ground—

• (a)

  a person dies, or

• (b)

  a person is injured in a way that requires medical attention.

(2)

The accident report must be given to—

• (a)

  the chief executive, and

• (b)

  the officer in charge of the police station nearest to the ground.

(3)

The accident report must—

• (a)

  be given as soon as is reasonably practicable, and

• (b)

  be in a form approved by the chief executive.

12Notification of change in ownership of ground

The licensee must notify the chief executive immediately of a change in the persons who have the right to immediate possession of the land on which the ground is situated.

13Notification of alterations to configuration of track

The licensee must obtain the prior approval of the chief executive for an alteration to the configuration of the racing track at the ground.

Schedule 2Dictionary

section 3

chief executive means the chief executive of the Office of Sport.

development consent has the same meaning as in the Environmental Planning and Assessment Act 1979.

driver includes rider.

ground means a motor vehicle racing ground.

local council, for a ground, means the council for the local government area in which the ground is situated.

Minister’s approval means written approval given by the Minister.

official, for a race meeting, means a person appointed by the licensee, promoter or organisation conducting the race meeting to assist with the conduct of the race meeting.

paddock area means an area of a ground used for—

• (a)

  storing motor vehicles used in motor vehicle racing at the ground, and

• (b)

  refuelling and repairing the motor vehicles.

pit area means an area of a ground used immediately before and during a motor vehicle race—

• (a)

  by drivers and crews of motor vehicles participating in the race, and

• (b)

  for refuelling and repairing the motor vehicles.

promoter, of a race meeting, means—

• (a)

  the person appointed by the licensee to have control over organising and holding the race meeting, or

• (b)

  if a person is not appointed in relation to a meeting—the licensee.

race meeting means a meeting for motor vehicle racing and includes practice for the meeting.

relevant person, for Part 4—see section 20.

the Act means the Motor Vehicle Sports (Public Safety) Act 1985.

track means the part of a ground approved by the Minister, by written notice to the licensee, for use by motor vehicles for motor vehicle racing.

unauthorised area means a part of a ground designated an unauthorised area by the Minister under section 18(2).

Historical notesTable of amending instruments

Motor Vehicle Sports (Public Safety) Regulation 2025 (459). LW 29.8.2025. Date of commencement, 1.9.2025, sec 2.