{"id":"nsw:act-2017-035","name":"Sydney Public Reserves (Public Safety) Act 2017","slug":"sydney-public-reserves-public-safety-act-2017","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"35 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29293,"registerId":"nsw-act-2017-035-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Sydney Public Reserves (Public Safety) Act 2017](/view/html/inforce/current/act-2017-035).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Martin Place Reserve means the public reserve in Martin Place, Sydney, between Macquarie Street and George Street.\n> > \n> > occupation of a public reserve, includes the use of the reserve or the presence of a person in the reserve.\n> > \n> > public reserve means—\n> > \n> > > (a) land dedicated or reserved for a public purpose under the [Crown Lands Act 1989](/view/html/repealed/current/act-1989-006) or the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), or\n> > \n> > > (b) a public reserve within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> > \n> > public reserve to which this Act applies means—\n> > \n> > > (a) the Martin Place Reserve, and\n> > \n> > > (b) any other public reserve in the City of Sydney to which this Act is applied by a proclamation under Part 2.\n> > \n> > the public includes any section of the public.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of Act","content":"# Part 2 Application of Act\n\nPart 2 Application of Act","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Application to Martin Place Reserve","content":"#### 4 Application to Martin Place Reserve\n\n4 Application to Martin Place Reserve\n\n> This Act applies to the Martin Place Reserve.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Governor may apply Act to other public reserves in the City of Sydney","content":"#### 5 Governor may apply Act to other public reserves in the City of Sydney\n\n5 Governor may apply Act to other public reserves in the City of Sydney\n\n> > (1) The Governor may, by proclamation made on the recommendation of the Minister, apply this Act to any other public reserve described in the proclamation that is within the City of Sydney.\n> \n> > (2) The Minister is not to recommend the making of a proclamation under this section unless satisfied that, as a result of the relocation of persons occupying the Martin Place Reserve or any other occupation of a public reserve, it is in the public interest that police officers exercise powers under this Act in relation to the public reserve.\n> \n> > (3) A proclamation under this section may be amended or revoked by a further proclamation of the Governor.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Act does not apply to activities authorised by public reserve manager","content":"#### 6 Act does not apply to activities authorised by public reserve manager\n\n6 Act does not apply to activities authorised by public reserve manager\n\n> > (1) Subject to subsection (2), this Act does not apply to a thing or person in a public reserve if the manager of the reserve has authorised the presence of the thing or person in the reserve.\n> \n> > (2) The Minister may, by notice to the Commissioner of Police and the manager of the reserve, direct that this Act applies to specified things or persons (or to things or persons of a specified kind) on a public reserve.\n> \n> > (3) In this section—\n> > \n> > manager of a public reserve means the body or person having the control and management of the reserve under the legislation relating to the reserve.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Martin Place Reserve and other declared Sydney public reserves—police powers","content":"# Part 3 Martin Place Reserve and other declared Sydney public reserves—police powers\n\nPart 3 Martin Place Reserve and other declared Sydney public reserves—police powers","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Directions to remove or remedy interference or unlawful occupation","content":"#### 7 Directions to remove or remedy interference or unlawful occupation\n\n7 Directions to remove or remedy interference or unlawful occupation\n\n> > (1) A police officer may give a direction to a person who is in a public reserve to which this Act applies if the police officer believes on reasonable grounds that the person’s occupation of the reserve—\n> > \n> > > (a) materially interferes with the reasonable enjoyment of the rights of the public in relation to the reserve, or\n> > \n> > > (b) is unlawful.\n> \n> > (2) A direction given by a police officer under this section must be reasonable in the circumstances for the purposes of removing or remedying the interference or unlawful occupation.\n> \n> > (3) Without limiting the directions that may be given under this section, a direction may be given to a person to leave the public reserve and not return for a specified period (not exceeding 6 hours after the direction is given).\n> \n> > (4) A person must not, without reasonable excuse, refuse or fail to comply with a direction given under this section.\n> > \n> > Maximum penalty—2 penalty units.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Seizure and removal of things to remove or remedy interference or unlawful occupation","content":"#### 8 Seizure and removal of things to remove or remedy interference or unlawful occupation\n\n8 Seizure and removal of things to remove or remedy interference or unlawful occupation\n\n> > (1) A police officer may seize and remove from a public reserve to which this Act applies any tent, goods or other thing if the police officer believes on reasonable grounds that it is necessary or expedient for the purposes of removing or remedying any interference or unlawful occupation referred to in section 7 in relation to the reserve.\n> \n> > (2) A police officer may seize and remove things under this section with the aid of such assistants as the police officer considers necessary.\n> \n> > (3) A person must not, without reasonable excuse, obstruct a police officer (or a person assisting a police officer) in the exercise of the power to seize and remove things under this section.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (4) A thing that a police officer has seized and removed from a public reserve under this section—\n> > \n> > > (a) may be returned to the person from whom it was seized if it is lawful for the person to have possession of the thing, or\n> > \n> > > (b) may be disposed of in accordance with the directions of the Commissioner of Police, or\n> > \n> > > (c) may be delivered to the council of the area in which the reserve is situated.\n> \n> > (5) On being so delivered to the council, the thing is taken to be an article duly impounded by an impounding officer appointed by the council in accordance with the [Public Spaces (Unattended Property) Act 2021](/view/html/inforce/current/act-2021-038).\n> \n> **s 8:** Am 2023 No 7, Sch 2.48.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Safeguards under LEPRA apply","content":"#### 9 Safeguards under LEPRA apply\n\n9 Safeguards under LEPRA apply\n\n> Part 15 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) sets out safeguards relating to the exercise of powers by police officers under this Act.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Giving of directions to groups of persons","content":"#### 10 Giving of directions to groups of persons\n\n10 Giving of directions to groups of persons\n\n> > (1) A police officer may give a direction under this Act to persons comprising a group.\n> \n> > (2) In any such case, the police officer is not required to repeat the direction, or to repeat the information and warning referred to in Part 15 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), to each person in the group.\n> \n> > (3) However, just because the police officer is not required to repeat any such direction, information or warning does not in itself give rise to any presumption that each person in the group has received the direction, information or warning.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Limitation on exercise of police powers under this Act","content":"#### 11 Limitation on exercise of police powers under this Act\n\n11 Limitation on exercise of police powers under this Act\n\n> > (1) This Act does not authorise a police officer to exercise a power in relation to an industrial dispute.\n> \n> > (2) This Act does not authorise a police officer to exercise a power in relation to a demonstration, protest, procession or assembly that is an authorised public assembly for the purposes of Part 4 of the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025) or a demonstration, protest, procession or assembly that is being held substantially in accordance with any such authorisation.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Code of practice","content":"#### 12 Code of practice\n\n12 Code of practice\n\n> > (1) The regulations may prescribe a code of practice relating to the exercise of powers by police officers under this Act and the rights of persons to whom directions are given under this Act.\n> \n> > (2) The exercise of powers by police officers under this Act is subject to any such prescribed code of practice.\n> \n> > (3) Until any such code of practice is prescribed, the Commissioner of Police may require police officers exercising powers under this Act to comply with any specified requirements of the code of practice prescribed under section 200A of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) in relation to directions under Part 14 of that Act.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Penalty notices","content":"#### 13 Penalty notices\n\n13 Penalty notices\n\n> > (1) A police officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.\n> \n> > (2) A penalty notice offence is—\n> > \n> > > (a) an offence against section 7 (4), or\n> > \n> > > (b) an offence against the regulations that is prescribed by the regulations as a penalty notice offence.\n> \n> > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note—\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.\n> \n> > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court). Until an amount is prescribed by the regulations for an alleged offence against section 7 (4), the amount of $110 is prescribed.\n> \n> > (5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 14 Nature of proceedings for offences\n\n14 Nature of proceedings for offences\n\n> Proceedings for offences against this Act or the regulations may be dealt with summarily before the Local Court.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Act not affected by enactment of Crown Land Management Act 2016","content":"#### 15 Act not affected by enactment of Crown Land Management Act 2016\n\n15 Act not affected by enactment of [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058)\n\n> The application of this Act to a public reserve is not affected by the repeal of the [Crown Lands Act 1989](/view/html/repealed/current/act-1989-006) by the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) or the transfer of the care, control and management of the reserve under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Regulations","content":"#### 16 Regulations\n\n16 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) The regulations may create offences punishable by a penalty not exceeding 50 penalty units.","sortOrder":19}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose. It was enacted in 2017 specifically to address the Martin Place 'tent city' and similar occupations of public reserves. The mechanism allowing extension to other reserves (section 5) was part of the original design, not a later expansion. The 2023 amendment to section 8 merely updated a cross-reference to the Public Spaces (Unattended Property) Act 2021, without expanding substantive scope."},"complexity_factors":["Short statute (16 sections) with straightforward structure","Only 5 defined terms in the interpretation section (section 3)","Minimal cross-referencing—primarily to LEPRA (Part 15) for safeguards and the Fines Act 1996 for penalty notices","Simple conditional logic: powers triggered by 'reasonable grounds' belief of interference or unlawful occupation","Clear exclusions (sections 6 and 11) that are easy to follow","Delegated legislative power limited to regulations for codes of practice and penalty amounts"],"plain_english_summary":"**What this law does:**\n\nThis Act gives police special powers to manage public spaces in Sydney's CBD, specifically targeting unauthorised camping or prolonged occupation of public reserves (parks and open spaces).\n\n**Who it affects:**\n\n- **People camping or staying in public spaces** in Martin Place and potentially other Sydney CBD reserves\n- **Police officers**, who get new authority to issue move-on directions and seize property (like tents and belongings)\n- **The general public**, who gain clearer access to these spaces\n- **Reserve managers** (usually local councils), who can authorise activities that exempt people from these police powers\n\n**Key powers created:**\n\n- Police can **direct people to leave** a reserve for up to 6 hours if their presence interferes with public enjoyment or is unlawful (section 7)\n- Police can **seize and remove tents, goods, and other items** (section 8)\n- These powers apply initially to **Martin Place Reserve** (the area between Macquarie and George Streets), but the Governor can extend them to other City of Sydney reserves via proclamation (section 5)\n\n**Important limits:**\n\n- **Does NOT apply** to authorised activities (if the reserve manager gave permission)\n- **Does NOT apply** to lawful protests or industrial disputes\n- Police must follow safeguards from the *Law Enforcement (Powers and Responsibilities) Act 2002* (known as \"LEPRA\")\n- A code of practice can set rules for how police use these powers\n\n**Penalties:**\n\n- Refusing to leave when directed: up to 2 penalty units (about $220)\n- Obstructing police removing property: up to 20 penalty units (about $2,200)\n- Police can issue on-the-spot fines ($110 for refusing to leave)\n\n**Why it matters:**\n\nThis law was designed to address \"tent cities\" and long-term camping in high-profile Sydney locations like Martin Place. It creates a specific legal framework for clearing public spaces while attempting to balance public safety with procedural fairness through LEPRA safeguards."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the Act's scope changed from its original intent. The title and the two point-in-time versions (2017 and 2023) suggest the legislation has remained relatively stable, but the absence of actual provisions means no meaningful scope comparison can be made."},"complexity_factors":["The actual substantive content of the Act was not provided in the document — only metadata and website navigation elements were included, making genuine legal analysis impossible","Based on title and administrative context alone, the Act appears to be relatively focused and specific in scope (public safety in designated Sydney reserves)","Responsibility falls under a single Minister (Local Government), suggesting a relatively contained administrative structure","The Act has only two point-in-time versions since 2017, indicating limited amendment activity and likely stable, uncomplicated content"],"plain_english_summary":"The Sydney Public Reserves (Public Safety) Act 2017 is a NSW law giving authorities powers to manage safety and behaviour in designated Sydney public reserves, affecting park users, local councils, police and rangers. It creates a legal framework for council-managed open spaces and public-safety oversight, so it matters for everyday use and enforcement in those areas.\n\nImportant caveat: the provided document lacks the Act’s substantive text, so specific rules, powers and penalties cannot be confirmed from it."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The source records an amendment to section 8 (s8: Am 2023 No 7, Sch 2.48), indicating the Act’s seizure/removal regime has been modified since original enactment. The Act still applies to Martin Place by default and may be applied to other City of Sydney reserves by proclamation (s4–s5); the amendment note in the source does not specify the prior text or exact policy change."},"complexity_factors":["Narrow geographic scope but expandable by proclamation (s4, s5) creating contingent application across other reserves","Significant police discretion to determine \"material interference\" or unlawfulness when giving directions (s7)","Powers to seize and remove property with multiple disposal routes (return, Commissioner directions, council impoundment) raising procedural and administrative complexity (s8(4)–(5))","Manager exemption with Ministerial override introduces an inter‑agency decision point and potential conflict between local managers and state executive (s6(1)–(2))","Cross‑references to LEPRA safeguards (s9) and potential regulation‑made code of practice (s12) mean standards and limits partly sit outside the Act","Specific statutory limits on use of powers for authorised assemblies and industrial disputes require factual and legal assessment before enforcement (s11)","Penalty framework involves summary proceedings, penalty notices, and regulation‑set fines (s13–s14, s16(2)), creating mixed enforcement pathways","Recorded amendment to seizure provision (s8: Am 2023 No 7, Sch 2.48) indicates the text has been modified since enactment which may affect interpretation or procedure"],"plain_english_summary":"This Act gives police in Martin Place—and in other City of Sydney public reserves proclaimed by the Governor on the Minister’s recommendation—specific powers to direct people to leave (for up to 6 hours), to seize and remove tents, goods or other items, and to issue penalty notices for non‑compliance. It affects people occupying those reserves, police, reserve managers and councils; managers can authorise presences that are exempt unless the Minister directs otherwise (s6). The Act relies on LEPRA safeguards (s9) and excludes authorised assemblies and industrial disputes (s11)."}},"importantCases":[],"_links":{"self":"/api/acts/sydney-public-reserves-public-safety-act-2017","history":"/api/acts/sydney-public-reserves-public-safety-act-2017/history","analysis":"/api/acts/sydney-public-reserves-public-safety-act-2017/analysis","conflicts":"/api/acts/sydney-public-reserves-public-safety-act-2017/conflicts","importantCases":"/api/acts/sydney-public-reserves-public-safety-act-2017/important-cases","documents":"/api/acts/sydney-public-reserves-public-safety-act-2017/documents"}}