Motor Vehicle Sports (Public Safety) Regulation 2025
In ForceNSW
Jurisdiction
New South Wales
Act Number
459 of 2025
Collection
regulation
Plain English Summary
5/10 complexity
This regulation, effective 1 September 2025, replaces the 2015 instrument and sets licensing and operational rules for motor vehicle racing grounds in NSW. It prescribes application and renewal steps, a $100 licence fee, mandatory public risk insurance, safety and communication standards, access controls, inspection powers and modest penalties for breaches.
It applies to licensees, promoters, competitors, local councils, police and insurers. The Minister holds several approval and direction powers and licensees carry most compliance costs (insurance, plans, notices, safety works); existing arrangements continue under the savings clause (ss 2, 28).
This regulation prescribes the licensing, safety, operational and administrative regime for motor vehicle racing grounds to which the Motor Vehicle Sports (Public Safety) Act 1985 applies. It comes into force on 1 September 2025 (Commencement, s 2). Practically, the regulation:
sets the documentary and technical requirements for an application for a licence to use land as a motor vehicle racing ground (s 5), prescribes a single fee for issue or renewal ($100) (s 8), and requires the applicant to demonstrate a right to immediate possession of the land (s 5(2)(b); definition in s 4);
prescribes conditions of licence by reference to Schedule 1 (s 7), including mandatory public risk insurance with the State noted as an insured or interested party (Schedule 1, cl 1), continuing maintenance obligations for safety devices (Schedule 1, cl 5), maintenance of firefighting appliances (Schedule 1, cl 4), and a duty to notify emergency services before meetings (Schedule 1, cl 3);
allocates operational responsibilities and prohibited conduct at race meetings, for example duties to prevent unsafe starts (s 21), prohibition on opening safety-fence gates while vehicles are being driven except for emergency access (s 22(1),(4)), restrictions on persons entering pits and paddocks (s 15), and rules on conveyance of passengers during races (s 24);
places powers of inspection, policing and administrative control with specific public actors: the Minister (approval of alterations, directions about pit/paddock location, designation of unauthorised areas), the chief executive of the Office of Sport (application processing, approvals and conditions), police (approval of temporary broadcasting structures, directions to stop races, directions regarding competitors), and authorised inspectors (police or Minister‑authorised persons) with inspection and compliance enforcement functions (s 11, s 12, s 19, s 23);
Current sections
Direct links to the current provisions in Motor Vehicle Sports (Public Safety) Regulation 2025.
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 2
Licences
Part 2 Licences
Part 2 Licences
4
Interest in land to be held by licensee—the Act, s 4
4 Interest in land to be held by licensee—the Act, s 4
4 Interest 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.
5
Application for issue of licence—the Act, s 17
5 Application for issue of licence—the Act, s 17
5 Application 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.
6
Application for renewal of licence—the Act, s 17
6 Application for renewal of licence—the Act, s 17
6 Application 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.
7
Conditions of licence—the Act, s 6(a)
7 Conditions of licence—the Act, s 6(a)
7 Conditions of licence—the Act, s 6(a)
Schedule 1 sets out the prescribed conditions of a licence.
8
Fees for issue and renewal of licence—the Act, s 17
8 Fees for issue and renewal of licence—the Act, s 17
8 Fees for issue and renewal of licence—the Act, s 17
The fee prescribed for the issue or renewal of a licence is $100.
9
Transfer of licence—the Act, s 17
9 Transfer of licence—the Act, s 17
9 Transfer 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.
10
Contravention of conditions of licences—the Act, ss 6 and 17
10 Contravention of conditions of licences—the Act, ss 6 and 17
10 Contravention 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 3
Motor vehicle racing grounds
Part 3 Motor vehicle racing grounds
Part 3 Motor vehicle racing grounds
11
Approval of alterations or additions—the Act, s 17
11 Approval of alterations or additions—the Act, s 17
11 Approval 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.
12
Broadcasting structures—the Act, s 17
12 Broadcasting structures—the Act, s 17
12 Broadcasting 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.
13
Provision of effective communication system—the Act, s 17
13 Provision of effective communication system—the Act, s 17
13 Provision 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.
14
Setting aside pit and paddock areas—the Act, s 17
14 Setting aside pit and paddock areas—the Act, s 17
14 Setting 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.
15
Entry to pit and paddock areas—the Act, s 17
15 Entry to pit and paddock areas—the Act, s 17
15 Entry 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.
16
Fuelling—the Act, s 17
16 Fuelling—the Act, s 17
16 Fuelling—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.
17
Media representatives—the Act, s 17
17 Media representatives—the Act, s 17
17 Media 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.
18
Restricted access to unauthorised areas—the Act, s 17
18 Restricted access to unauthorised areas—the Act, s 17
18 Restricted 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.
19
Inspection of licensed ground—the Act, s 17
19 Inspection of licensed ground—the Act, s 17
19 Inspection 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 4
Race meetings
Part 4 Race meetings
Part 4 Race meetings
20
Definition
20 Definition
20 Definition
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.
21
Commencement of races or events—the Act, s 17
21 Commencement of races or events—the Act, s 17
21 Commencement 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.
22
Safety fence gates not to be opened during races—the Act, s 17
22 Safety fence gates not to be opened during races—the Act, s 17
22 Safety 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.
23
Cessation of races or events—the Act, s 17
23 Cessation of races or events—the Act, s 17
23 Cessation 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.
24
Conveyance of passengers—the Act, s 17
24 Conveyance of passengers—the Act, s 17
24 Conveyance 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.
25
Competitor to comply with directions—the Act, s 17
25 Competitor to comply with directions—the Act, s 17
25 Competitor 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.
26
Control of persons attending a race meeting—the Act, s 17
26 Control of persons attending a race meeting—the Act, s 17
26 Control 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 5
Miscellaneous
Part 5 Miscellaneous
Part 5 Miscellaneous
27
Advisory committees—the Act, s 16
27 Advisory committees—the Act, s 16
27 Advisory 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.
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.
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).
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of regulation
1 Name of regulation
1 Name of regulation
This regulation is the Motor Vehicle Sports (Public Safety) Regulation 2025.
2 Commencement
2 Commencement
2 Commencement
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).
3 Definitions
3 Definitions
3 Definitions
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 2 Licences
Part 2 Licences
Part 2 Licences
4 Interest in land to be held by licensee—the Act, s 4
4 Interest in land to be held by licensee—the Act, s 4
4 Interest 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.
5 Application for issue of licence—the Act, s 17
5 Application for issue of licence—the Act, s 17
5 Application 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,
sets offences and maximum penalties mainly at 5 penalty units for a variety of breaches including contravention of licence conditions, failure to comply with directions, obstruction of inspectors, and unauthorised access to restricted areas (eg ss 10, 11(1), 15(1), 19(2), 22, 23(4), 26);
preserves existing rights and arrangements under the repealed 2015 regulation in force immediately prior to repeal (s 28), and identifies prescribed stakeholder organisations for advisory committee membership when requested by the Minister (s 27 and Schedule 2 definitions).
Mechanically, the regulation converts administrative control into specified documentary, infrastructural and on-the-day operational duties. It couples a low fixed fee (s 8) with statutory requirements that shift the principal financial and operational burdens to licensees (Schedule 1 obligations and multiple operational duties in Parts 3 and 4). The regulation also creates discrete approval gates where Ministerial or police approval is required before changes are made or certain structures erected (ss 11, 12). The chief executive is the administrative hub for applications and for receipt of insurance and accident reports (s 5, Schedule 1, cl 11).
The Act and the Interpretation Act 1987 continue to affect interpretation and application (s 3 note). The instrument replaces the 2015 regulation as of the commencement date, pursuant to the Subordinate Legislation Act 1989, s 10(2) (s 2 note).
Main concepts
The regulation organises the public-safety regime around a small set of recurring legal concepts that structure duties, approvals, and sanctions.
Licence and licensee
Licence is the foundational permission to use land as a motor vehicle racing ground; conditions are prescribed in Schedule 1 and the licence is issued or renewed by the chief executive in a form approved by the chief executive (s 5(1), s 6). Schedule 1 lists continuing obligations for licensees, so the licensee is the primary obliged party for on‑site compliance with safety and administrative requirements.
Interest in land and right to immediate possession
The regulation prescribes that an interest in land that confers the right to immediate possession is the relevant interest for licensing (s 4). The right to immediate possession is a recurring documentary requirement for applications, transfers and notifications (s 5(2)(b), s 9(3)(c), Schedule 1, cl 12).
Prescribed conditions and Schedule 1
Section 7 delegates the content of licence conditions to Schedule 1. Schedule 1 contains both preventative and reactive obligations: insurance (cls 1-2), notice and liaison with local emergency services (cl 3), firefighting appliances (cl 4), maintenance obligations for safety devices (cl 5), mandatory display and access requirements (cls 8, 10), and detailed reporting duties for serious accidents (cl 11). Several conditions give the Minister power to require specific works (cl 6) or relocations (cl 7).
Ministerial and policing approvals
The Minister has statutory competence to approve alterations or additions to grounds (s 11), to direct relocation of pit/paddock areas (s 14(2) and Schedule 1, cl 7), and to designate unauthorised areas by written notice (s 18(2)). Police approvals are required for erection of temporary broadcasting structures (s 12). Police also have operational powers inside race meetings: the senior police officer at a meeting may direct an immediate stop to a race if persons are in imminent or undue danger (s 23).
Operational restrictions at meetings
Part 4 defines the duties of relevant persons during race meetings: preventing unsafe starts (s 21), ensuring safety-fence gates remain closed except for emergency access (s 22), restricting entry to pit/paddock areas to authorised persons (s 15), limiting conveyance of passengers during races (s 24), complying with police directions about competitors (s 25) and enforcing removal of persons from grounds for contraventions, trespass or causing inconvenience (s 26).
Inspections and enforcement
Authorised inspectors, defined in s 19(3) as police or persons authorised in writing by the Minister, may inspect grounds to determine compliance (s 19(1)). Obstruction of inspectors is an offence (s 19(2)). Many contraventions attract a maximum penalty of 5 penalty units, and s 10(2) prevents double prosecution in specified circumstances.
Advisory committees and prescribed organisations
The regulation prescribes listed motor sport organisations (s 27(1)) that must nominate members to advisory committees when requested by the Minister (s 27(2)-(3)). Those organisations are named in s 27(1)(a)-(e).
Definitions and administrative actors
Schedule 2 defines key terms: chief executive means the chief executive of the Office of Sport; track means that part of a ground approved by the Minister in writing (Schedule 2); promoter, official, pit area, paddock area, driver (includes rider), race meeting, unauthorised area are all defined to localise obligations and powers.
Cross-references to development consent and other Acts
The regulation recognises the intersection with the Environmental Planning and Assessment Act 1979. Approvals for alterations may require development consent, and the regulation limits duplicative prosecution where development consent provisions have been enforced (s 11(3)-(5) and related note).
Together these concepts create a layered compliance architecture: licensing documentation and proof of possession, prescribed insurance and safety infrastructure, day-of-event operational rules enforced by police and officials, Ministerial discretion for site changes or risk mitigation, and inspection and reporting duties exercised through the chief executive and authorised inspectors.
Who it affects
Primary obliged parties
Licensee: the regulation places most operational, administrative and financial obligations on the licensee. The licence applicant must be able to show the right to immediate possession of the land (s 5(2)(b); s 4), obtain and maintain public risk insurance listing the State as an insured or interested party (Schedule 1, cls 1-2), provide plans and specifications (s 5(2)(d)), install and maintain firefighting and safety equipment (Schedule 1, cls 4-5), notify emergency services prior to meetings (Schedule 1, cl 3), display licence and plans (Schedule 1, cl 8), and report serious accidents (Schedule 1, cl 11). The licensee is the person who must ensure compliance with many parts of the regulation including the condition to have an effective communication system (s 13(1)), and the obligation not to make alterations without Ministerial approval (s 11(1)).
Owners and landholders
Owners of the land are implicated indirectly. If the applicant is not the owner, evidence of owner consent is required (s 5(2)(f)). Transfers require written evidence that the transferee has the right to immediate possession (s 9(3)(c)). Schedule 1, cl 12 requires the licensee to notify the chief executive immediately if persons with right to immediate possession change, which operationalises the owner/licensee relationship.
Competitors, crews and officials
Drivers (including riders), crewmembers and officials are addressed directly by conduct rules. Competitors must obey directions from police and relevant persons (s 25). Entry to pit and paddock areas during race meetings is restricted to authorised persons such as officials, drivers, crew, or persons authorised by Minister, licensee or promoter (s 15(4)). Competitors are subject to the prohibition on allowing passengers during races except in specified exceptions (s 24).
Promoters, media and spectators
Promoters have duties around ensuring temporary broadcast structures receive police approval (s 12(1)) and may nominate authorised persons. Media representatives must display identification and evidence of authorisation by the licensee or promoter to enter non‑spectator areas (s 17). Spectators are indirectly affected because the licence requires display of plans and identification of unauthorised areas accessible to patrons (Schedule 1, cl 8).
Police, Minister and chief executive
Police have express operational powers: approving temporary broadcasting structures at grounds (s 12(2)), giving directions to stop races when persons are in imminent or undue danger (s 23), directing an individual not to race for safety reasons (s 25), removing persons from grounds where not permitted (s 26(4)), and acting as authorised inspectors (s 19(3)(a)). The Minister is the decision-maker on approvals for alterations and additions (s 11), may direct relocation of pit or paddock areas (s 14(2)), may designate unauthorised areas (s 18(2)), and may require construction of safety devices (Schedule 1, cl 6). The chief executive manages licence applications, receives evidence of insurance and accident reports, and approves licence forms (s 5, s 6, Schedule 1, cl 11).
Local council and emergency services
Local councils are involved via the certificate required with applications that states whether the land may be used without development consent or provides particulars of development consent (s 5(2)(a)). Schedule 1, cl 3 requires the licensee to notify the officer in charge of the nearest police and ambulance stations at least 14 days before a race meeting. Schedule 1, cl 9 makes toilet facilities subject to being "satisfactory" to the local council.
Advisory organisations and stakeholders
Prescribed organisations named in s 27(1) are required to nominate members to advisory committees when requested by the Minister. The named organisations span drag racing, circuit sport, karting, motorcycling and speedway.
Indirectly affected parties and market participants
Insurers are implicated by Schedule 1, cls 1-2 because public risk insurance must be obtained and maintained and the State must be noted on the policy. Contractors and suppliers of safety fences, firefighting appliances and other infrastructure will be affected because Ministerial directions can require construction to specified standards (Schedule 1, cl 6). Promoters and commercial broadcasters are affected by police approval requirements for broadcasting structures (s 12).
Persons who attend or work at meetings
Officials, stewards, marshals, emergency responders, media crewmembers, competitors and support crews must comply with identification and authorisation requirements (ss 15, 17), and may face removal or direction by police or officials (s 26).
Who pays
The licensee bears the bulk of recurring and one-off compliance costs: preparation of application materials and three copies of plans (s 5(2)(d)), public risk insurance requirements and maintenance (Schedule 1, cls 1-2), installation and upkeep of safety devices and firefighting equipment (Schedule 1, cls 4-5, cl 6 where directed), potential development consent costs where required (s 11(3)), and possible costs associated with Ministerial directions or relocation of pit/paddock areas (s 14, Schedule 1, cl 7). The $100 fee for issue or renewal (s 8) is a fixed administrative charge.
Geographic and temporal scope
The regulation applies to grounds within New South Wales where motor vehicle racing is conducted, with the local council for the area providing required certificates where relevant (s 5(2)(a); Schedule 2 definition of local council). It supersedes the 2015 regulation from the commencement date noted in s 2.
Key duties and rights
Duties to obtain and maintain a licence
An application for the issue of a licence must be made to the chief executive in the form approved by the chief executive and be accompanied by a local council certificate, evidence of right of immediate possession, evidence of public risk insurance (Schedule 1, cl 1), plans and specifications (three copies) showing specific site and safety features, a statement of the maximum number of vehicles, and owner consent if the applicant is not the owner (s 5(1)-(2)). Renewal requires application by the licensee in the form approved by the chief executive (s 6).
Right to immediate possession
The regulation prescribes that the relevant interest is the interest that confers a right to immediate possession (s 4). Evidence of the right to immediate possession is a recurring documentary requirement for issue, transfer and change notifications (s 5(2)(b), s 9(3)(c), Schedule 1, cl 12).
Insurance obligations
The licensee must ensure there is public risk insurance cover for all claims arising from race meetings before use of the ground for racing and must maintain that cover during the licence term (Schedule 1, cls 1-2). The State must be noted on the insurance policy as an insured or interested party for its rights and interests (Schedule 1, cl 1(b)). The licensee must notify the chief executive immediately if the insurer notifies of an intention to cancel the policy (Schedule 1, cl 2).
Plan, facility and safety device duties
Licence applications must include scaled plans and specifications showing access from roads, spectator areas and fencing, track dimensions and composition unless for enduro circuits, safety devices (fences, sand traps, embankments, cuttings, walls), car parks and toilets, and pit and paddock areas (s 5(2)(d)). The licensee must maintain safety devices in good condition and ensure they provide the protection for which designed (Schedule 1, cl 5). The Minister can direct specific fences or safety device construction to stated specifications (Schedule 1, cl 6).
Pre-event notifications and equipment
Licensees must give at least 14 days written notice of intended meetings to the officer in charge of the nearest police and ambulance stations (Schedule 1, cl 3). Licensees must provide and maintain serviceable firefighting appliances as required by the Minister for the type of racing (Schedule 1, cl 4). Licence conditions include a requirement that the ground be equipped with a communication system enabling the official in charge of starting to be notified that the track is clear and safe to start (s 13(1)-(2)); the Minister can vary or remove this condition on application (s 13(3)).
Operational duties during race meetings
Relevant persons (licensee, officials, promoters) must take reasonable steps to prevent the commencement of races where the track is not clear or safe or where allowing a vehicle would subject a person to imminent or undue danger (s 21). Safety fence gates must not be opened while a vehicle is being driven during a race meeting, except where necessary to allow a tow truck or emergency vehicle to enter (s 22(1), (4)). Entry to pit and paddock areas is restricted to authorised persons and must be evidenced by identification and authority (s 15).
Reporting and display duties
The licensee must display the licence and the plans of the ground accessible to patrons showing facilities, pit areas, paddock areas and unauthorised areas (Schedule 1, cl 8). If during a race meeting a person dies or is injured requiring medical attention, the licensee must give an accident report to the chief executive and the officer in charge of the nearest police station as soon as reasonably practicable, in a form approved by the chief executive (Schedule 1, cl 11).
Ministerial and police discretionary powers
The Minister must approve alterations or additions to a licensed ground and may impose conditions; applications must include particulars and three copies of plans showing proposed alterations in contrasting colours (s 11(1)-(2)). The Minister may require development consent and a copy of it to be given to the chief executive before works commence (s 11(3)). The senior police officer at a race meeting may direct immediate cessation of a race where there is imminent or undue danger and that direction is binding on the person in charge of the meeting (s 23(1)-(4)).
Inspection and access rights
An authorised inspector, being a police officer or a person authorised in writing by the Minister, may inspect a licensed ground to ascertain compliance with the regulation and conditions of the licence (s 19(1), (3)). The licensee must ensure inspectors have access to all parts of the ground during inspections (Schedule 1, cl 10). Hindering or obstructing an inspector is an offence (s 19(2)).
Transfer and notification rights/duties
The Minister may approve transfer of a licence on application by the intended transferee to the chief executive; the application must include the licence, written evidence of consent by the licensee, and evidence that the transferee has the right to immediate possession (s 9). The licensee must notify the chief executive immediately of change in persons with right to immediate possession (Schedule 1, cl 12).
Limits on double prosecution
Section 10(2) provides a protection against double prosecution: a person must not, for the same act or omission, be prosecuted both for a contravention of s 10 (contravention of licence condition) and for a contravention of the Act, s 8. This creates a statutory coordination between offences in the regulation and that section of the principal Act.
Rights of authorised persons and officials
Officials, promoters and the licensee have the right to direct persons to leave a ground for contravention, trespass or causing inconvenience (s 26). Police may remove persons from parts of the ground where the person is not permitted (s 26(4)).
Advisory participation
Prescribed organisations are obliged to nominate members to advisory committees where the Minister requests nominations (s 27).
Overall, duties are concentrated on the licensee for pre-event compliance and documentation, on relevant persons and officials for operational safety at race meetings, and on the Minister and police for approvals and emergency direction. Many duties are backed by the uniform maximum penalty of 5 penalty units.
Penalties and enforcement
Penalty structure
The regulation predominantly uses a single maximum penalty quantum for contraventions: 5 penalty units. This maximum appears in multiple provisions including contravention of a condition of the licence (s 10(1)), unauthorised entry to pit/paddock areas and failure to display identity and authority in pit areas (s 15), obstruction of authorised inspectors (s 19(2)), opening safety-fence gates during races (s 22), non-compliance with police directions to stop races (s 23(4)), failure to comply with directions to leave a ground (s 26(3)), and the offence for media representatives not displaying identification (s 17(1)). Where the regulation prescribes maximum penalties, the figure is consistently 5 penalty units unless otherwise stated.
Prosecution constraints and overlap with the Act
Section 10(2) prevents prosecution for the same act or omission both under s 10 of the regulation and under s 8 of the Act, reducing the risk of double criminalisation for the same conduct in those specified provisions. This establishes an express rule about prosecutorial coordination between the subordinate instrument and the principal Act for specified offences.
Enforcement actors and powers
Authorised inspectors may inspect licensed grounds to ascertain compliance with the regulation and licence conditions (s 19(1)); they are defined as police officers or persons authorised in writing by the Minister (s 19(3)). Hindering, obstructing or wilfully delaying an authorised inspector is an offence (s 19(2)). Inspectors are entitled to access to all parts of the ground (Schedule 1, cl 10).
Police have discrete enforcement powers at race meetings. The officer in charge of the nearest police station must give written approval for temporary broadcasting structures to be erected at the site (s 12(2)), and the senior police officer at a race meeting may direct the person in charge of the meeting to immediately stop a race or event if there is imminent or undue danger (s 23(1)-(4)). Police may also direct a person not to race for safety reasons (s 25), direct a person to leave a ground or part of a ground for contravention, trespass, or causing inconvenience (s 26(1)), and remove a person from a part of a ground if the person is not permitted to be in the part (s 26(4)).
Administrative approvals as compliance gates
The Minister’s approval is a precondition for certain works and arrangements. A licensee must not make an alteration or addition to a licensed ground without Ministerial approval and must carry out the alteration in accordance with approval conditions (s 11(1)). The approval process requires submission of full particulars and three copies of plans showing proposed works in contrasting colours (s 11(2)). It is a condition of approval that licensees obtain development consent where required and give a copy of such consent to the chief executive (s 11(3)). Failure to comply with s 11(1) attracts the maximum 5 penalty units and can coincide with enforcement under the Environmental Planning and Assessment Act 1979, subject to the regulatory coordination in s 11(4)-(5).
Mandatory reporting obligations and timing
Schedule 1, cl 11 requires immediate reporting to the chief executive and the nearest police officer where a person dies or is injured requiring medical attention during a race meeting. The report must be given as soon as reasonably practicable and in a form approved by the chief executive. Failure to report is not assigned an explicit penalty in the text of Schedule 1 but reporting is a condition of the licence per s 7.
Administrative consequences and compliance monitoring
The chief executive is the recipient of applications, insurance evidence, accident reports and development consent copies (s 5(1)-(2), Schedule 1, cl 1-3, s 11(3)). This centralisation helps monitoring and record-keeping. Inspection rights in s 19 and Schedule 1, cl 10 enable proactive monitoring of grounds.
Enforcement practicalities
The repeated use of the same maximum penalty suggests the regulation relies on policing and administrative direction rather than escalating criminal penalties. Enforcement levers therefore include: stop directions during meetings (s 23); removal and exclusion of persons (s 26); inspection and potential prosecution for obstruction (s 19); and licence conditions enforceable by prosecution for breach (s 10). Ministerial directions about construction and location of safety devices (Schedule 1, cls 6-7) create requirements that, if not complied with, attract the general contravention penalty (s 10). The regulation also accounts for interfacing with the Environmental Planning and Assessment Act 1979 to avoid duplicative prosecutions in some construction cases (s 11(4)-(5)).
Limits and gaps in enforcement detail
The regulation specifies who can inspect and which behaviours attract the prescribed penalty, but it does not set out administrative sanctions such as licence suspension or revocation procedures within the text provided. The primary remedies available in the text are criminal prosecution up to 5 penalty units and operational directions from police and the Minister. The Act itself may provide additional administrative enforcement powers not repeated here; s 3 notes the Act affects interpretation and application.
How it interacts with other laws
Interaction with the Motor Vehicle Sports (Public Safety) Act 1985
This regulation is subordinate to and operates under the Motor Vehicle Sports (Public Safety) Act 1985, referenced throughout as "the Act" (Schedule 2). Several provisions explicitly cross‑refer to the Act, in particular the licensing provisions which operate ",the Act, s 17" annotation (eg ss 5-6, 11). Section 10(2) expressly coordinates prosecutions between the regulation and the Act by preventing prosecution for the same act or omission under the regulation and the Act, s 8.
Environmental Planning and Assessment Act 1979
Section 11 addresses the interplay with development consent under the Environmental Planning and Assessment Act 1979. The regulation makes Ministerial approval conditional on obtaining development consent where required and giving a copy of it to the chief executive before starting alterations or additions (s 11(3)). Sections 11(4)-(5) prevent duplicative prosecution when an act has already been prosecuted under the Environmental Planning and Assessment Act 1979 for carrying out alteration or addition without development consent, and when conditions are substantially to the same effect. The regulation therefore recognises the primary planning regime for construction and attempts to avoid dual prosecutions in overlapping enforcement regimes.
Local government and council role
The application process requires a certificate from the local council stating whether the land may be used for motor vehicle racing without development consent, or giving particulars of the development consent including conditions (s 5(2)(a)). Schedule 1, cl 9 makes toilet facilities subject to being satisfactory to the local council. These provisions anchor local government as a source of planning information and a standard‑setting body for certain health and amenity aspects.
Police powers and other statutes
Police powers to approve temporary broadcasting structures and to direct cessation of events are embedded in the regulation (ss 12, 23). The regulation also defines "authorised inspector" to include police officers, enabling police to exercise inspection powers that may overlap with other statutory regimes. Where police exercise emergency powers, those powers are framed within the regulation rather than referencing separate police legislation.
Insurance and civil liability
Schedule 1, cl 1 requires public risk insurance and requires the State to be noted on the policy as an insured or interested party. This provision interacts with insurance law and commercial practice by specifying insurer obligations in the contract of insurance and ensuring a State interest is recognised to preserve State rights. The regulation does not otherwise alter civil liability rules; it imposes reporting and precautionary duties alongside civil remedies that an injured person could pursue outside this regulatory scheme.
Administrative law and Ministerial discretion
The regulation gives the Minister discretion to approve alterations, designate unauthorised areas and direct safety device construction or relocation of pit/paddock areas (ss 11, 14; Schedule 1, cl 6-7). Those decisions are administrative acts likely susceptible to review under general administrative law principles such as jurisdictional error or unreasonableness, subject to remedies in the Administrative Decisions Review Act or other review mechanisms available under New South Wales administrative law. The regulation itself does not provide a statutory appeal route for those decisions.
Subordinate legislation and the Interpretation Act
Section 3 notes that the Act and the Interpretation Act 1987 contain definitions and other provisions that affect interpretation and application of this regulation. Standard interpretative principles and limits on subordinate legislation from the Interpretation Act will therefore apply.
Savings and transitional application
Section 28 ensures continuity by providing that acts, matters or things having effect under the repealed 2015 regulation continue to have effect under this regulation. This minimises transitional legal uncertainty and maintains ongoing permissions or obligations carried over from the prior instrument.
Gaps where external law fills detail
The regulation sets out procedural and operational requirements but leaves some matters to other regimes or discretion. It does not, for example, set numerical safety device standards, parking or spectator capacity thresholds except via plans and statements required with the application (s 5(2)(d), (e)). Technical standards may therefore derive from Ministerial directions, development consents, or industry codes that are not reproduced here.
In sum, the regulation operates alongside the principal Act, planning laws, local government standards and insurance law, creating a network of overlapping obligations in which development consent and local council approvals are potential preconditions for certain approval pathways, and where police and Ministerial powers provide immediate operational levers.
Amendment history
Documented replacement and repeal
The regulation contains a commencement note stating it replaces the Motor Vehicle Sports (Public Safety) Regulation 2015 and that the 2015 regulation is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, s 10(2) (s 2 note). The current instrument therefore functions as the successor subordinate instrument from that date.
No other textual amendments recorded in the source
The text provided does not contain any further amendment entries, schedules of prior versions, or an amendment table. There are no dates of previous amendments, no references to amending Acts, and no transitional modification provisions beyond the savings clause (s 28). The savings clause preserves acts, matters or things that had effect under the repealed 2015 regulation and states they continue to have effect under this regulation (s 28).
Ministerial direction and future variability
Several provisions give the Minister explicit power to impose conditions by direction or approval, for example directions requiring construction of fences or other safety devices to specified specifications (Schedule 1, cl 6) and directions to relocate pit or paddock areas (s 14(2); Schedule 1, cl 7). These provisions permit functional changes at the level of administrative decision-making rather than formal amendment to the regulation text, so operational requirements can change by Ministerial direction without subordinate legislation amendment.
Potential sources of future change not in the text
The regulation cross-references the Act and the Interpretation Act 1987 (s 3 note). Any amendments to those instruments or the Environmental Planning and Assessment Act 1979 affecting development consent or planning processes would interact with the regulation. The instrument also embeds reliance on Ministerial and police discretion across operational areas (ss 11, 12, 14, 18, 23), which means administrative practices, policy settings, and guidance instruments (eg application forms approved by the chief executive, cl 11(3) forms for accident reports) can materially alter how the regime operates even without formal legislative amendment.
Recorded commencement
The commencement date is set in s 2 as 1 September 2025. The instrument therefore establishes a temporal boundary marking the start of the new regulatory regime and the end of the 2015 regulation’s operation.
Absence of amendment lineage in the text
Because the provided text does not include a schedule of former amendments, readers should consult the official legislative register or the NSW legislation website for a full amendment history, explanatory materials accompanying this instrument, and any transitional instruments that might elaborate on the savings clause or simplify compliance for existing licensees carried forward from the 2015 regime.
Litigation history
No cases or judicial decisions are cited in the regulation
The text of the regulation contains no references to judicial decisions, reported cases, or litigation history. It does not list precedential determinations or implementation cases, and it contains no section that records court challenges or rulings relevant to construction of its provisions.
Potential litigation vectors implied by the text
The regulation establishes multiple points where disputes could arise in litigation, all grounded in the instrument’s provisions:
Ministerial approval, directions and reasonableness: Sections 11, 14 and Schedule 1, cl 6 authorise Ministerial approvals and directions about alterations, pit/paddock location and safety device construction. Disputes could centre on whether the Minister acted within jurisdiction, whether conditions imposed were lawful, and whether directions were reasonable or reached after proper process. Remedies would be those available under administrative law principles and judicial review, noting the Act and Interpretation Act affect reviewability (s 3 note).
Development consent interplay and duplicative prosecutions: Section 11(4)-(5) attempts to coordinate enforcement between the Environmental Planning and Assessment Act 1979 and this regulation to avoid duplicative prosecutions. Litigation could arise over whether a prosecution under one statute precludes prosecution under the other, whether conditions are "substantially to the same effect", and how to apply s 11(4)-(5) where facts are contested.
Inspection and obstruction: Section 19 gives authorised inspectors inspection rights and creates an offence for obstruction. Disputes could concern the scope of the inspector’s authority, whether the person obstructed an inspector lawfully authorised in writing by the Minister, or whether obstruction occurred in fact. Evidence disputes about obstruction and lawful authority to inspect could lead to contested prosecutions.
Insurance and State interest: Schedule 1, cls 1-2 require insurance and that the State be noted as an insured or interested party. Litigation could arise over insurance coverage disputes, including whether insurers correctly note the State’s interest, exclusions arising from non-compliance with licence conditions, or whether the licensee fulfilled the reporting obligations required after incidents.
Application and transfer decisions: Decisions by the chief executive or the Minister to refuse an application, to refuse transfer of a licence, or to impose conditions may be subject to merits or judicial review, particularly where statutory requirements (eg evidence of right to immediate possession) are disputed.
Criminal prosecutions for operational breaches: The recurrent criminal penalty of 5 penalty units for a variety of operational breaches (eg unauthorised entry to pit areas, opening gates) may be litigated in contested prosecutions over interpretation of the relevant definitions (eg "during a race meeting", "open") and exceptions (eg emergency access under s 22(4)).
No reported litigation in the instrument itself
Because the regulation does not record any cases, practitioners must search court databases and the NSW legislation website for any judicial decisions post‑commencement. The regulation’s content, however, points to the likely contours of contested legal issues as outlined above.
Guidance for anticipating disputes
For clients and practitioners, the most probable litigation areas to monitor are administrative law challenges to Ministerial or chief executive decisions, insurance coverage and liability disputes following accidents (Schedule 1, cl 11 reporting duties), and criminal prosecutions for on‑site operational breaches during race meetings. The interaction with development consent under the Environmental Planning and Assessment Act 1979 (s 11) is a further source of contested legal position where planning and safety regulation intersect.
Gotchas
Right to immediate possession, not mere interest
The regulation prescribes that the interest in land required is one that confers the right to immediate possession (s 4). That is narrower than a mere equitable interest or future interest. Applicants and transferees must provide documentary evidence of immediate possession consistent with s 5(2)(b) and s 9(3)(c). Failure to present proof will impede licence issue or transfer. Schedule 1, cl 12 also requires immediate notification of changes in persons who have right to immediate possession.
Low application fee but substantive compliance costs
The fee for issue or renewal is $100 (s 8). The fee is a modest fixed administrative charge that does not reflect the substantive obligations licensees must meet. Insurance, safety device construction and maintenance, firefighting appliances, development consent costs where required, plan preparation and other compliance costs rest with the licensee (Schedule 1, cls 1-6; s 5(2)(d)). Treat the $100 fee as administrative rather than indicative of total regulatory cost.
Triple-copy technical plan requirement
Applications and applications for Ministerial approval of alterations must be accompanied by three copies of plans and specifications drawn to scale and showing defined particulars: location and access, spectator areas, fencing, track length, safety devices, car parks, toilets, pit and paddock areas (s 5(2)(d); s 11(2)). For alterations, proposed changes must be shown in contrasting colours to existing facilities (s 11(2)(c)). Practitioners should budget time and cost to prepare compliant scaled plans and to provide the required copies.
Insurance with State interest is compulsory
Schedule 1, cl 1(b) requires that the State of New South Wales, represented by the Minister, be noted on the public risk policy as an insured or an interested party for its relevant rights and interests. This is not optional and interacts with insurers’ commercial practice about endorsements and notification. Licensees must secure an insurance product that accommodates such an interest and notify the chief executive if an insurer indicates an intention to cancel (Schedule 1, cl 2).
Ministerial discretion and written approvals
Several approvals require the Minister’s written approval or directions (s 11, s 14, s 18(2), Schedule 1 cl 6). Conversely, police approvals for temporary broadcasting structures require written approval from the officer in charge of the nearest police station (s 12(2)). Organisers should ensure that wherever the regulation requires "written" approval that evidence is retained because approvals and consents must be in writing to be valid.
Interplay with planning law for alterations
Alterations and additions to grounds require Ministerial approval and, where necessary, development consent under the Environmental Planning and Assessment Act 1979 (s 11(3)). The regulation provides that prosecution under the Planning Act for failure to obtain development consent precludes prosecution under s 11(1) for the same act (s 11(4)). However, licensees should not assume Ministerial approval bypasses planning obligations; obtaining development consent where required remains necessary and failure to do so can lead to separate enforcement.
Broad inspector access and obstruction offence
Authorised inspectors include police and persons authorised in writing by the Minister (s 19(3)). The licensee must ensure access to all parts of the ground during inspections (Schedule 1, cl 10). Hindering or obstructing an inspector is an offence. Maintain records and produce documentation on request when an authorised inspector attends.
Narrow definitions that affect coverage
Several definitions operate as practical switches. For example, "driver includes rider" clarifies motorcycles are included (Schedule 2). "Track" is that part of a ground approved by the Minister in writing (Schedule 2). "Unauthorised area" is created only by written designation by the Minister under section 18(2) (s 18(2); Schedule 2). Licensees should not assume any area is an unauthorised area unless there is a written designation from the Minister.
Operational exceptions
The prohibition on opening safety fence gates while vehicles are being driven during a race meeting has an express exception when opening is necessary to allow a tow truck or emergency vehicle to enter to attend an accident, breakdown or similar incident (s 22(4)). Ensure procedures and training reflect that limited exception and that gate access logs or incident records are retained.
Reporting timing and form uncertainty
Serious accident reporting must be "as soon as is reasonably practicable" and in a form approved by the chief executive (Schedule 1, cl 11(3)). Practitioners should confirm the approved form with the chief executive in advance and maintain templates and reporting procedures to meet the immediacy expectation.
Media and temporary broadcast approvals
Promoters must obtain written police approval before erecting temporary broadcasting structures (s 12(1)-(2)). The provision notes development consent may also be required. Failure to secure police approval and any required planning approvals could attract the 5 penalty unit maximum and also risk operational interruption if structures are erected without approval.
Uniform penalty quantum
Many contraventions carry the same maximum penalty of 5 penalty units. This uniformity may misalign the regulatory severity and the real-world risk profiles of different breaches. Practitioners should note that while penalties are modest, enforcement remedies include directions to stop racing or remove persons which can have immediate operational consequences (s 23; s 26).
Advisory committee nominations are mandatory when requested
Prescribed organisations listed in s 27(1) must nominate representatives to advisory committees when requested by the Minister. The nomination must be in writing and in the way required by the Minister (s 27(2)-(3)). Organisations should maintain pre‑vetted nominee lists and internal procedures to respond promptly to Ministerial requests.
Transfer requires transferee application
A licence transfer is not automatic upon sale or change of possession. The person to whom a licence is to be transferred must apply in writing to the chief executive (s 9(2)), and the Minister must approve the transfer (s 9(1)). The application must include the licence, written evidence of consent from the current licensee, and documentary evidence that the transferee has the right to immediate possession (s 9(3)). Transfers therefore require proactive action and documentation by buyers.
Savings clause continuity
Section 28 preserves acts and arrangements operating under the repealed 2015 regulation so they continue under this instrument. Existing rights and ongoing use are therefore not automatically invalidated at commencement, but licensees should still confirm ongoing compliance with any new or differing requirements in this regulation.
How to comply
Pre-application checklist
Confirm right to immediate possession: assemble title documents, lease agreements, licences or other proof establishing the right to immediate possession as required by s 4 and evidenced in s 5(2)(b). If the applicant is not the owner, obtain and document the owner’s written consent as required by s 5(2)(f).
Obtain local council certificate: obtain a certificate from the local council stating that the land may be used for motor vehicle racing without development consent, or providing particulars of development consent authorising the use, including conditions (s 5(2)(a)). If development consent is required, obtain it before undertaking alterations and provide a copy to the chief executive as required by s 11(3).
Prepare scaled plans and specifications: produce three copies of plans and specifications drawn to scale demonstrating location of the ground, access to the ground from roads or road‑related areas, spectator areas and fencing, track length, width, composition and location (unless for an enduro circuit), safety devices, car parks, toilets, pit and paddock areas (s 5(2)(d); s 11(2)). For alterations, mark proposed works in contrasting colours to existing facilities per s 11(2)(c).
Acquire public risk insurance: arrange public risk insurance covering all claims arising from race meetings and ensure the State of New South Wales, represented by the Minister, is noted on the policy as an insured or interested party (Schedule 1, cl 1). Obtain insurer confirmation of policy inception and maintain awareness of cancellation notifications because Schedule 1, cl 2 requires the licensee to notify the chief executive immediately if the insurer advises of an intention to cancel.
Application and licensing steps
Lodge the application in the form approved by the chief executive together with required attachments: local council certificate, evidence of right to immediate possession, evidence of insurance, three copies of plans and specifications, statement of the maximum number of vehicles competing at once for each event type, and owner consent if applicable (s 5(1)-(2)(a)-(f)).
For renewal, apply in the form approved by the chief executive within the licence term (s 6).
If transferring a licence, ensure the transferee applies in writing to the chief executive and submits the existing licence, written evidence of the current licensee’s consent, and evidence the transferee has the right to immediate possession (s 9).
Site infrastructure and ongoing obligations
Display licence and plans: display the licence and the plans of the ground showing facilities, pit and paddock areas and unauthorised areas in a position accessible to patrons (Schedule 1, cl 8).
Firefighting appliances: provide and maintain serviceable firefighting appliances as required by the Minister for the type of motor vehicle racing conducted at the ground (Schedule 1, cl 4).
Maintain safety devices: ensure all safety devices, including fences, are maintained in good condition and provide the protection for which they were designed (Schedule 1, cl 5). Comply promptly with Ministerial directions to construct specified fences or safety devices (Schedule 1, cl 6).
Pit and paddock location and marking: set aside pit and paddock areas, ensure they are not within the area bounded by the track unless permitted by Ministerial direction, and clearly mark them with signs (s 14(1), (4)). Be ready to relocate these areas if directed by the Minister (s 14(2)-(3); Schedule 1, cl 7).
Event operations and procedural compliance
Notify emergency services: give at least 14 days written notice of intended race meetings to the officer in charge of the police station and the ambulance station nearest to the ground (Schedule 1, cl 3).
Communication system: equip the ground with a communication system capable of notifying the official in charge of starting that the track is clear and safe to start a race or event (s 13(1)-(2)). If the licensee seeks relief, apply to the Minister to vary or remove this condition (s 13(3)).
Pit and paddock access control: ensure only authorised persons enter pit and paddock areas during race meetings, verify identity and authority display for persons in pit areas (s 15(1)-(3)). Adopt credential systems and recordkeeping for authorised persons. Train marshals and officials to enforce these provisions.
Fueling restrictions: permit refuelling only within pit or paddock areas (s 16). Establish safe refuelling procedures, spill management and firewatch protocols consistent with firefighting appliances provided under Schedule 1, cl 4.
Safety fence gate procedures: restrict opening of safety fence gates while vehicles are being driven during a race meeting except where necessary for tow truck or emergency vehicle access (s 22). Position marshals and gatekeepers with clear instructions and incident logging.
Media accreditation: ensure media representatives display organisation identification and evidence of authorisation by the licensee or promoter to enter non‑spectator areas (s 17). Maintain a media credential register and issue written authorisations in advance.
Crowd control and removal procedures: implement processes enabling police and officials to direct persons to leave for contraventions, trespass or causing inconvenience, and have procedures for police removal where appropriate (s 26). Train staff to comply with directions promptly to avoid the maximum penalty.
Incident management and reporting
Accident reporting: if a person dies or is injured requiring medical attention during a race meeting, provide an accident report to the chief executive and the officer in charge of the nearest police station as soon as reasonably practicable, in the form approved by the chief executive (Schedule 1, cl 11). Maintain an incident reporting template and internal escalation procedures to ensure timely compliance.
Inspection readiness: maintain open access for authorised inspectors to all parts of the ground during inspections (Schedule 1, cl 10). Keep original plans, licences, insurance certificates and accident logs readily available for inspection. Avoid hindrance or obstruction of inspectors, which is an offence (s 19(2)).
Ministerial and planning compliance
Alterations and additions: before making alterations or additions, secure Ministerial approval where required and include full particulars and three copies of plans showing proposals in contrasting colours (s 11(2)). Determine whether development consent is required under the Environmental Planning and Assessment Act 1979 and, if so, obtain consent and provide a copy to the chief executive (s 11(3)).
Temporary broadcasting structures: obtain written police approval for temporary broadcast structures on site and verify whether development consent is also required (s 12(1)-(2) and note).
Recordkeeping and documentation
Keep written evidence of all approvals, consents, policies, insurance endorsements (including State interest endorsements), media authorisations, lists of authorised persons, and copies of the displayed plans and licence. Maintain documentary proof of notification to police and ambulance services 14 days prior to meetings.
Engagement with advisory committees and prescribed organisations
If requested by the Minister, ensure nominated representatives from prescribed organisations are provided in writing in the manner required by the Minister (s 27(2)-(3)). Maintain a standing list of nominees and ensure they understand the advisory role.
Audit and compliance testing
Conduct regular internal audits to confirm safety devices are maintained and firefighting appliances are serviceable (Schedule 1, cls 4-5). Test the communication system required under s 13 to ensure reliability before meetings and retain test records.
Transfer and change management
On sale or change of possession, plan for licensing transfer: the transferee must apply in writing to the chief executive and the Minister must approve the transfer. Provide the required documents including the licence itself and evidence of right to immediate possession (s 9).
Practical steps to reduce enforcement risk
Establish clear written procedures for starting races, incident escalation, emergency vehicle access and gate control; maintain credentials and identification systems for authorised personnel; secure adequate public risk insurance with relevant State endorsements; and maintain proactive communications with local councils and emergency services to ensure all pre-event notifications are delivered on time.
Where uncertainties remain
Consult with the chief executive to confirm the approved application and reporting forms, and seek written Ministerial or police approvals where the regulation requires them. For any uncertainty about whether an alteration or addition requires development consent, seek advice from local council and, if necessary, obtain a planning certificate or written confirmation. Consider legal advice where Ministerial directions or planning interactions are likely to be contested.
Section 4Interest in land to be held by licensee—the Act, s 4
(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.
6 Application for renewal of licence—the Act, s 17
6 Application for renewal of licence—the Act, s 17
6 Application 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.
7 Conditions of licence—the Act, s 6(a)
7 Conditions of licence—the Act, s 6(a)
7 Conditions of licence—the Act, s 6(a)
Schedule 1 sets out the prescribed conditions of a licence.
8 Fees for issue and renewal of licence—the Act, s 17
8 Fees for issue and renewal of licence—the Act, s 17
8 Fees for issue and renewal of licence—the Act, s 17
The fee prescribed for the issue or renewal of a licence is $100.
9 Transfer of licence—the Act, s 17
9 Transfer of licence—the Act, s 17
9 Transfer 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.
10 Contravention of conditions of licences—the Act, ss 6 and 17
10 Contravention of conditions of licences—the Act, ss 6 and 17
10 Contravention 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 3 Motor vehicle racing grounds
Part 3 Motor vehicle racing grounds
Part 3 Motor vehicle racing grounds
11 Approval of alterations or additions—the Act, s 17
11 Approval of alterations or additions—the Act, s 17
11 Approval 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.
12 Broadcasting structures—the Act, s 17
12 Broadcasting structures—the Act, s 17
12 Broadcasting 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.
13 Provision of effective communication system—the Act, s 17
13 Provision of effective communication system—the Act, s 17
13 Provision 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.
14 Setting aside pit and paddock areas—the Act, s 17
14 Setting aside pit and paddock areas—the Act, s 17
14 Setting 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.
15 Entry to pit and paddock areas—the Act, s 17
15 Entry to pit and paddock areas—the Act, s 17
15 Entry 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.
16 Fuelling—the Act, s 17
16 Fuelling—the Act, s 17
16 Fuelling—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.
17 Media representatives—the Act, s 17
17 Media representatives—the Act, s 17
17 Media 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.
18 Restricted access to unauthorised areas—the Act, s 17
18 Restricted access to unauthorised areas—the Act, s 17
18 Restricted 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.
19 Inspection of licensed ground—the Act, s 17
19 Inspection of licensed ground—the Act, s 17
19 Inspection 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 4 Race meetings
Part 4 Race meetings
Part 4 Race meetings
20 Definition
20 Definition
20 Definition
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.
21 Commencement of races or events—the Act, s 17
21 Commencement of races or events—the Act, s 17
21 Commencement 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.
22 Safety fence gates not to be opened during races—the Act, s 17
22 Safety fence gates not to be opened during races—the Act, s 17
22 Safety 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.
23 Cessation of races or events—the Act, s 17
23 Cessation of races or events—the Act, s 17
23 Cessation 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 p
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