The Act creates two corporate public agencies to own, manage and develop major NSW sporting and entertainment venues, vesting land, assets and liabilities in them and allowing commercial operation (including private subsidiaries, joint ventures and leasing/sales). The Minister, Board and CEO control decisions, with powers to approve developments and limit some planning/competition checks.
Transfers occur by operation of the Act without compensation or duty, with enforcement powers for rangers and streamlined regulatory/administrative mechanisms—speeding projects but concentrating executive discretion and commercial benefits.
Mechanically, the Sporting Venues Authorities Act 2008 creates two corporate public agencies, sets out their governance, gives them land and property management powers, and defines how assets, rights and liabilities are transferred and dealt with. The Act constitutes a State Sporting Venues Authority (ss 4-6, 9) and a separate body called Venues NSW (ss 12-16). It vests specified parcels of land (Schedule 4 / Schedule 4A) in the relevant authority on a transfer date (ss 22-24, s 23), authorises those authorities to hold, develop and deal with land and assets (ss 9, 19, 26), and enables the authorities to exercise functions either directly or through private subsidiary corporations, joint ventures or other associations (ss 10, 11; ss 21, 21A). The Act provides statutory machinery for the transfer of assets, rights and liabilities from dissolved trust bodies into the authorities (Schedule 5, Part 2 and Parts 4-6), and contains procedural and transitional provisions governing employees, regulatory authorisations, and the conversion of instruments (Schedule 5, cl 28-36, cl 33).
The Act also places Venues NSW in a special relationship with Crown land law for particular parcels. The scheduled lands in Schedule 4A remain Crown land dedicated for public recreation but are taken to be managed by Venues NSW as Crown land manager under the Crown Land Management Act 2016, with express modifications and carve-outs (ss 30AB-30AC). The Act permits specified development on designated land with Ministerial approval and suspends the operation of certain planning and local government laws in relation to that approved development (ss 30AD-30AE). It expressly restricts certain land uses: residential accommodation is prohibited on Venues NSW land except on controlled land, and tourist/visitor accommodation is prohibited except on designated land (s 30AI). The dedication of scheduled lands cannot be revoked except by Act of Parliament (s 30AJ).
Current sections
Direct links to the current provisions in Sporting Venues Authorities Act 2008.
This Act commences on a day or days to be appointed by proclamation.
3
Definitions
3 Definitions
3 Definitions
(1) In this Act—
advisory committee means a committee established under section 21C and includes a membership advisory committee.
assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.
authority’s land means, in relation to a sporting venues authority, land vested in or managed by that authority.
Board of Venues NSW means the Board of Venues NSW provided by section 15.
Chief Executive Officer means the Chief Executive Officer of Venues NSW.
controlled land means the lands described in Schedule 4A, Part 3.
designated land means the land described in Schedule 4A, Part 2.
function includes a power, authority or duty, and exercise a function includes perform a duty.
government agency means—
(a) a public authority constituted by or under an Act, or
(b) a NSW Government agency, or
(c) a Division of the Government Service, or
(d) a local authority, or
(e) a State owned corporation.
liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).
membership advisory committee means a membership advisory committee established by section 21E.
private corporation means a corporation within the meaning of the Corporations Act 2001 of the Commonwealth formed in or outside New South Wales.
private subsidiary corporation means a private corporation in which a sporting venues authority has a controlling interest.
ranger means a person appointed under section 37 to be a ranger.
rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).
scheduled lands means the land described in Schedule 4A, Part 1.
sporting venues authority means the State Sporting Venues Authority or Venues NSW.
State Sporting Venues Authority means the State Sporting Venues Authority constituted under this Act.
Venues NSW means Venues NSW constituted by this Act.
Venues NSW’s land means the land vested in or managed by Venues NSW and includes land described in Schedule 4A.
Note.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
s 3: Am 2011 No 57, Sch 1 [2]; 2014 No 88, Sch 1.26 [1]; 2020 No 29, Sch 1[1]–[3].
3A
Objects of Act
3A Objects of Act
3A Objects of Act
The objects of this Act are as follows—
(a) to enable the efficient and effective management and coordination of entertainment and sporting venues within the State on a commercial basis,
(b) to attract and encourage the holding of major events at entertainment and sporting venues within the State,
(c) to facilitate the development of precincts surrounding the entertainment and sporting venues that Venues NSW owns or operates,
(d) to ensure a customer-focused approach is applied to the management of entertainment and sporting venues and surrounding lands so they remain accessible to, and meet the needs of, users of and visitors to the venues and the broader community,
(e) to ensure the provision of entertainment and sporting venues fulfils community service obligations that may be determined by the Minister from time to time.
s 3A: Ins 2020 No 29, Sch 1[4].
Part 2
State Sporting Venues Authority
Part 2 State Sporting Venues Authority
Part 2 State Sporting Venues Authority
Division 1
Constitution and administration of State Sporting Venues Authority
Division 1 Constitution and administration of State Sporting Venues Authority
Division 1 Constitution and administration of State Sporting Venues Authority
4
Constitution of State Sporting Venues Authority
4 Constitution of State Sporting Venues Authority
4 Constitution of State Sporting Venues Authority
There is constituted by this Act a corporation with the corporate name of State Sporting Venues Authority.
5
Status of State Sporting Venues Authority
5 Status of State Sporting Venues Authority
5 Status of State Sporting Venues Authority
The State Sporting Venues Authority is a NSW Government agency.
6
Ministerial control
6 Ministerial control
6 Ministerial control
(1) The Minister is responsible for the day-to-day management of the affairs of the State Sporting Venues Authority.
(2) Any act, matter or thing done in the name of, or on behalf of, the State Sporting Venues Authority by the Minister is taken to have been done by the Authority.
7
Delegation of State Sporting Venues Authority’s functions
7 Delegation of State Sporting Venues Authority’s functions
7 Delegation of State Sporting Venues Authority’s functions
(1) The State Sporting Venues Authority may delegate to an authorised person any of its functions, other than this power of delegation.
(2) A delegate may sub-delegate to an authorised person any function delegated by the State Sporting Venues Authority if the delegate is authorised in writing to do so by the Authority.
(3) In this section, authorised person means—
(a) a member of staff of the State Sporting Venues Authority, or
(b) a government agency or member of staff of a government agency.
(c) (Repealed)
s 7: Am 2020 No 29, Sch 1[5].
8
8
8 (Repealed)
Division 2
Functions of State Sporting Venues Authority
Division 2 Functions of State Sporting Venues Authority
Division 2 Functions of State Sporting Venues Authority
9
Functions of State Sporting Venues Authority
9 Functions of State Sporting Venues Authority
9 Functions of State Sporting Venues Authority
(1) The principal functions of the State Sporting Venues Authority are as follows—
(a) to maintain and improve the authority’s land,
(b) to establish and manage sporting grounds, sporting facilities and recreational facilities (whether or not on the authority’s land),
(c) to establish and manage facilities for the purposes of sporting competitions, sports training and sports education (whether or not on the authority’s land),
(c1) to establish and manage community facilities and to establish and manage facilities for community and recreational purposes (whether or not on the authority’s land),
(d) to permit the use of the whole or any part of the authority’s land for activities of a sporting, recreational or community nature, including the use of that land for events and general community access,
(e) to encourage the use and enjoyment of the authority’s land by the public and clubs, associations or other bodies, where appropriate in its opinion,
(f) to undertake or provide, or facilitate the undertaking or provision of, commercial and retail activities and facilities on the authority’s land,
(g) to make all reasonable attempts to ensure that any new development carried out on the authority’s land accords with best practice environmental and planning standards,
(h) to ensure that proper asset management plans are in place and are implemented for the authority’s land.
(2) The State Sporting Venues Authority may enter into an arrangement with Venues NSW for Venues NSW to manage any land vested in the State Sporting Venues Authority and to perform any function that the State Sporting Venues Authority has in relation to that land.
(3) The State Sporting Venues Authority may do all such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions, including entering into any contract or arrangement with any person in connection with the carrying out of its functions.
(4) Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the State Sporting Venues Authority to exercise its functions.
Note.
Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the State Sporting Venues Authority makes use of) may be referred to as officers or employees, or members of staff, of the State Sporting Venues Authority. Section 47A of the Constitution Act 1902 precludes the State Sporting Venues Authority from employing staff.
(5) The State Sporting Venues Authority has such other functions as are conferred or imposed on it by or under this or any other Act.
s 9: Am 2014 No 88, Sch 1.26 [2] [3]; 2020 No 29, Sch 1[6] [7].
10
Exercise of functions through private subsidiaries, joint ventures etc
10 Exercise of functions through private subsidiaries, joint ventures etc
10 Exercise of functions through private subsidiaries, joint ventures etc
Any function of the State Sporting Venues Authority may be exercised—
(a) by the Authority itself, or
(b) by a private subsidiary corporation, or
(c) by the Authority or such a private subsidiary corporation, or both, in a partnership, joint venture or other association with other persons or bodies.
s 10: Am 2020 No 29, Sch 1[8].
11
Private subsidiary corporations etc
11 Private subsidiary corporations etc
11 Private subsidiary corporations etc
(1) (Repealed)
(2) The State Sporting Venues Authority may—
(a) form, or participate in the formation of, private corporations, and
(b) acquire interests in private corporations, and
(c) sell or otherwise dispose of interests in private corporations.
(3) A private subsidiary corporation is not, and does not represent, the Crown.
s 11: Am 2020 No 29, Sch 1[9].
Part 3
Venues NSW
Part 3 Venues NSW
Part 3 Venues NSW
pt 3: Subst 2020 No 29, Sch 1[10].
12
Constitution of Venues NSW
12 Constitution of Venues NSW
12 Constitution of Venues NSW
There is constituted by this Act a corporation with the corporate name of Venues NSW.
s 12: Subst 2020 No 29, Sch 1[10].
13
Status of Venues NSW
13 Status of Venues NSW
13 Status of Venues NSW
Venues NSW is a NSW Government agency.
s 13: Subst 2020 No 29, Sch 1[10].
14
Ministerial control
14 Ministerial control
14 Ministerial control
Venues NSW is subject to the control and direction of the Minister in the exercise of its functions.
s 14: Am 2011 No 57, Sch 1 [4] [5]. Subst 2020 No 29, Sch 1[10].
15
Board of Venues NSW
15 Board of Venues NSW
15 Board of Venues NSW
(1) There is to be a Board of Venues NSW.
(2) The Board of Venues NSW is to consist of the following members appointed by the Minister—
(a) 1 person appointed by the Minister as the Chairperson of the Board,
(b) 1 person appointed by the Minister as the Deputy Chairperson of the Board,
(e) 1 person who resides in the Wollongong Region,
(f) at least 6, but not more than 8, other persons.
(3) The Board of Venues NSW is responsible for the major sporting facilities in NSW and in particular, the unique heritage and historical role of the Sydney Cricket Ground (since 1854), Sydney Cricket Ground Trust (since 1875) and Sydney Cricket and Sports Ground Trust (since 1952) in the sporting and civic life of the State, when, at various times, the SCG has been the primary home of—
(a) Cricket: Inter-colonial, Test Match, Sheffield Shield and limited-over international and domestic;
(b) Rugby League;
(c) Rugby Union;
(d) Soccer/Football;
(e) Australian Football;
(f) Cycling;
(g) Baseball; and
(h) Athletics, hosting the 1938 Empire Games.
And home to military recruitment and barracks during World Wars One and Two; also served as the principal location for the 1901 Australian Federation celebrations; and through the work of the SCG Trust, contributed heavily to charitable and civic-minded causes in NSW.
Note.
Schedule 1 sets out provisions relating to the members and procedure of the Board of Venues NSW.
s 15: Subst 2020 No 29, Sch 1[10].
16
Chief Executive Officer of Venues NSW
16 Chief Executive Officer of Venues NSW
16 Chief Executive Officer of Venues NSW
(1) The Minister may, in consultation with the Board of Venues NSW, appoint a Chief Executive Officer of Venues NSW.
(2) The Chief Executive Officer is responsible for the day-to-day management of the affairs of Venues NSW in accordance with the policies and general directions of the Board of Venues NSW.
(3) Any act, matter or thing done in the name of, or on behalf of, Venues NSW by the Chief Executive Officer is taken to have been done by Venues NSW.
(4) The Chief Executive Officer may attend, and participate in discussions at, meetings of the Board of Venues NSW unless otherwise directed by the Board, but is not entitled to vote at the meetings.
Note.
Schedule 2 sets out further provisions relating to the Chief Executive Officer.
s 16: Am 2009 No 56, Sch 4.63 [1]. Subst 2020 No 29, Sch 1[10].
Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services Venues NSW makes use of) may be referred to as officers or employees, or members of staff, of Venues NSW. Section 47A of the Constitution Act 1902 precludes Venues NSW from employing staff.
s 17: Am 2009 No 56, Sch 4.63 [1]. Subst 2020 No 29, Sch 1[10].
18
Holder of office not affected by appointment to Venues NSW or its Board
18 Holder of office not affected by appointment to Venues NSW or its Board
18 Holder of office not affected by appointment to Venues NSW or its Board
(1) The doctrine of incompatibility of office—
(a) does not operate to prevent the holder of a position in a government sector agency (the original position) from being appointed to a position in Venues NSW or on its Board (the additional position), and
(b) does not operate to effect or require the holder of the original position to surrender or vacate the position as a result of the appointment to the additional position.
(2) This section applies even if the original position or the additional position is held on an acting or temporary basis.
(1) The principal functions of Venues NSW are as follows—
(a) to provide advice to the Minister on the State’s entertainment and sporting venues management strategy and development of existing or new entertainment and sporting venues and their surrounding precincts,
(b) to maintain and improve Venues NSW’s land,
(c) to establish, manage and improve sporting grounds, events grounds and associated facilities for the purposes of sports, events and recreation,
(d) to establish, manage and improve facilities for the purposes of sporting competitions, sports training and sports education,
(e) to establish, manage and improve community facilities and to establish, manage and improve facilities for community and recreational purposes,
(f) to permit the use of the whole or any part of Venues NSW’s land for activities of a sporting, recreational or community nature, including the use of the land for events and general community access,
(g) to encourage, if Venues NSW considers it appropriate, the use and enjoyment of Venues NSW’s land by the public and clubs, associations or other bodies,
(h) to collaborate with public sector agencies and other bodies to promote the use of Venues NSW’s land and facilities for commercial purposes,
(i) to undertake or provide, or facilitate the undertaking or provision of, commercial and retail activities and facilities on Venues NSW’s land,
(j) to make all reasonable attempts to ensure new development carried out on Venues NSW’s land accords with environmental and planning laws, standards and best practice,
(k) to contribute to proposals for the design, development and management of land neighbouring Venues NSW’s land,
(l) to meet the community service obligations determined from time to time by the Minister in relation to the provision of entertainment and sporting venues.
(2) Venues NSW may undertake supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions, including entering into any contract or arrangement with any person in connection with the carrying out of its functions.
(3) Venues NSW has other functions conferred or imposed on it by or under this Act or any other Act.
s 19: Subst 2020 No 29, Sch 1[10].
20
Delegation of Venues NSW’s functions
20 Delegation of Venues NSW’s functions
20 Delegation of Venues NSW’s functions
(1) Venues NSW may delegate to an authorised person any of its functions, other than this power of delegation.
(2) A delegate may sub-delegate to an authorised person any function delegated by Venues NSW if the delegate is authorised in writing to do so by Venues NSW.
(3) In this section, authorised person means—
(a) a member of staff of Venues NSW, or
(b) a government agency or member of staff of a government agency, or
(c) an advisory committee or member of an advisory committee.
s 20: Rep 2011 No 57, Sch 1 [3]. Ins 2020 No 29, Sch 1[10].
21
Private subsidiary corporations
21 Private subsidiary corporations
21 Private subsidiary corporations
(1) Venues NSW may—
(a) form, or participate in the formation of, private corporations, and
(b) acquire interests in private corporations, and
(c) sell or otherwise dispose of interests in private corporations.
(2) A private subsidiary corporation is not, and does not represent, the Crown.
s 21: Am 2011 No 57, Sch 1 [6] [7]; 2014 No 88, Sch 1.26 [4] [5]. Subst 2020 No 29, Sch 1[10].
21A
Exercise of functions through private subsidiary corporations or with other persons or bodies
21A Exercise of functions through private subsidiary corporations or with other persons or bodies
21A Exercise of functions through private subsidiary corporations or with other persons or bodies
A function of Venues NSW may be exercised—
(a) by Venues NSW itself, or
(b) by a private subsidiary corporation, or
(c) by Venues NSW or a private subsidiary corporation, or both, in a partnership, joint venture or other association with other persons or bodies.
s 21A: Ins 2020 No 29, Sch 1[10].
Part 3A
Advisory committees
Part 3A Advisory committees
Part 3A Advisory committees
pt 3A (ss 21B–21F): Ins 2020 No 29, Sch 1[10].
21B
Definitions
21B Definitions
21B Definitions
In this Part—
commencement day means the day on which this Part commences.
done includes omitted to be done.
liability means civil liability and includes action, claim and demand.
pt 3A (ss 21B–21F): Ins 2020 No 29, Sch 1[10].
21C
Advisory Committees—general
21C Advisory Committees—general
21C Advisory Committees—general
(1) Venues NSW may establish advisory committees to—
(a) provide advice to the Minister or to Venues NSW, or
(b) enable Venues NSW to exercise its functions.
(2) Subject to any directions given by the Minister, the procedure of an advisory committee is to be determined by the Board of Venues NSW.
(3) A member of an advisory committee is an honorary member and no remuneration is payable to the member in respect of the duties they perform as a member of the advisory committee.
(4) An advisory committee, other than a membership advisory committee, may be dissolved or merged with another advisory committee at any time.
(5) The regulations may provide for the following—
(a) the establishment and functions of an advisory committee,
(b) the membership of an advisory committee,
(c) the procedure and dissolution of an advisory committee,
(d) the appointment, term of office and removal from office of members of an advisory committee.
pt 3A (ss 21B–21F): Ins 2020 No 29, Sch 1[10].
21D
Advisory Committees—Hunter and Wollongong Precincts
21D Advisory Committees—Hunter and Wollongong Precincts
21D Advisory Committees—Hunter and Wollongong Precincts
Venues NSW must, within 6 months of the commencement day, establish an advisory committee in respect of each of the following regions to provide advice to the Minister and to Venues NSW regarding the entertainment and sporting venues and their surrounding precincts in those regions—
(a) the Hunter Region,
(b) the Wollongong Region.
pt 3A (ss 21B–21F): Ins 2020 No 29, Sch 1[10].
21E
Membership advisory committees
21E Membership advisory committees
21E Membership advisory committees
(1) The following membership advisory committees are established on the commencement day—
(a) a committee to provide advice to Venues NSW regarding the membership of persons who were formerly Members of the Sydney Cricket Ground, as referred to in clause 37 of the Sydney Cricket Ground and Sydney Football Stadium By-law 2014 before its repeal,
(b) a committee to provide advice to Venues NSW regarding the membership of persons who were given membership to stadia vested in Venues NSW before the commencement day.
(2) Venues NSW is to ensure a former member is invited to become a member of—
(a) if the former member was a member of the Sydney Cricket and Sports Ground Trust—the membership advisory committee established under subsection (1)(a), or
(b) if the former member was a member of the former board of management of Venues NSW—the membership advisory committee established under subsection (1)(b).
(3) A person becomes a member of a membership advisory committee—
(a) if the person is a former member—
(i) on the day the former member accepts Venues NSW’s invitation to become a member of the membership advisory committee, and
(ii) in accordance with subsection (2), or
(b) if the person who is elected, in accordance with Schedule 3, as a member of the membership advisory committee established under subsection (1)(a)—on the date of the person’s election.
(4) A membership advisory committee may be dissolved or merged with another advisory committee on the expiration of the remainder of the terms of office of—
(a) for a membership advisory committee established under subsection (1)(a)—all of the former members of the Sydney Cricket and Sports Ground Trust who have been appointed as members of the membership advisory committee, or
(b) for a membership advisory committee established under subsection (1)(b)—all of the former members of the former board of management of Venues NSW who have been appointed as members of the membership advisory committee.
(5) A member of a membership advisory committee is not personally subject to any liability for anything done—
(a) in good faith, and
(b) for the purpose of executing functions under this Act.
(6) The liability instead attaches to the Crown.
(7) In this section—
former board of management of Venues NSW means the board of management of Venues NSW before Venues NSW was reconstituted by Schedule 5, Part 6.
former member means a person who—
(a) was, immediately before its dissolution, a member of—
(i) the Sydney Cricket and Sports Ground Trust, or
(ii) the former board of management of Venues NSW, and
(b) is not appointed as a member of the Board of Venues NSW.
pt 3A (ss 21B–21F): Ins 2020 No 29, Sch 1[10].
21F
Advisory Committee: Sydney Cricket Ground Heritage
21F Advisory Committee: Sydney Cricket Ground Heritage
21F Advisory Committee: Sydney Cricket Ground Heritage
Venues NSW must, within 6 months of the commencement day, establish a body to be known as the ‘SCG Heritage Trust’, advising the Minister and Venues NSW on—
(a) The preservation and public promotion of the unique sporting and civic history of the SCG;
(b) Proposed changes in the design, amenity and management of the SCG that may affect its heritage values;
(c) Harnessing the skills and interests of historians and sporting enthusiasts to further develop the historical record and status of the SCG; and
(d) The custodianship of the highly significant historical role and contribution of the SCG Trust.
Members of this advisory committee must be appointed on the basis of their well-established and meritorious sporting, administrative or research/published association with the ground.
pt 3A (ss 21B–21F): Ins 2020 No 29, Sch 1[10].
Part 4
Provisions relating to vesting of and dealings with land and other property
Part 4 Provisions relating to vesting of and dealings with land and other property
Part 4 Provisions relating to vesting of and dealings with land and other property
22
Definitions
22 Definitions
22 Definitions
In this Division—
land of a government agency means—
(a) land that is vested in the government agency, or land that is vested in the Crown or Her Majesty and that is controlled and used by the government agency, or
(b) an interest in land, being an interest that is vested in or held by the government agency.
relevant authority means, in relation to land described in Schedule 4, the sporting venues authority specified opposite the land in that Schedule.
transfer date means—
(a) in relation to land included in Schedule 4 by order under section 24—the date of publication of the order on the NSW legislation website or a later date specified in the order in respect of the land, or
(b) in relation to land included in Schedule 4 by an amendment made by an Act—the date on which the amendment takes effect.
transferor, in relation to land included in Schedule 4, means the person or body in whom or which the land was vested immediately before the transfer date.
s 22: Am 2009 No 56, Sch 4.63 [2]; 2009 No 106, Sch 2.36 [1] [2].
23
Transfer of property to sporting venues authorities
23 Transfer of property to sporting venues authorities
23 Transfer of property to sporting venues authorities
(1) On the transfer date relating to land included in Schedule 4, the land vests in the relevant authority for an estate in fee simple (or such other interest as is specified in the Schedule)—
(a) without the need for any further conveyance, transfer, assignment or assurance, and
(b) subject to any trusts, estates, interests, dedications, conditions, restrictions and covenants to which the land was subject immediately before the transfer date.
(2) On the transfer date relating to land included in Schedule 4, the following provisions have effect—
(a) the rights or liabilities of the transferor in relation to the land become by virtue of this section the rights or liabilities of the relevant authority,
(b) all proceedings relating to the land commenced before the transfer date by or on behalf of, or against, the transferor or a predecessor of the transferor and pending immediately before the transfer date are taken to be proceedings pending by or against the relevant authority,
(c) any act, matter or thing done or omitted to be done in relation to the land before the transfer date by, to or in respect of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the relevant authority,
(d) a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent that it relates to that land or those rights or liabilities but subject to the regulations), to be read as, or as including, a reference to the relevant authority.
(3) Regulations may be made for or with respect to the conversion of references to the transferor in any document or class of documents to references to the relevant authority as a consequence of any transfer of land under this Division.
24
Transfer of additional property to authority—amendment of Schedule 4
24 Transfer of additional property to authority—amendment of Schedule 4
24 Transfer of additional property to authority—amendment of Schedule 4
(1) The Governor may, by order published on the NSW legislation website—
(a) amend Schedule 4 by inserting, altering or omitting the name of a sporting venues authority or a description of land, or
(b) substitute Schedule 4.
(2) Land is authorised to be included in Schedule 4 by order under this section only if—
(a) it is land of a government agency (including vacant Crown land), and
(b) the appropriate consent has been obtained to the land being included in the order.
(3) For the purposes of subsection (2), the appropriate consent is—
(a) where the government agency concerned is not a local authority—the consent of the Minister responsible for the government agency, or
(b) where the government agency concerned is a local authority—the consent of the local authority.
(4) Subject to section 23 (1) (b), this section does not prevent land, the fee simple in which is vested in Her Majesty, the Crown or a government agency, or vacant Crown land, from being transferred by order under this section even if the land is subject to other interests.
(5) Subject to the other provisions of this section, land may be transferred by order under this section despite any requirement of any other Act or law that relates to dealing with or disposing of the land.
s 24: Am 2009 No 56, Sch 4.63 [1].
25
Effect of transfer of land under this Division
25 Effect of transfer of land under this Division
25 Effect of transfer of land under this Division
(1) No compensation is payable to any person or body in connection with the operation of this Division.
(2) The operation of this Division is not to be regarded—
(a) as a breach of contract or confidence or otherwise as a civil wrong, or
(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or
(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.
(3) The operation of this Division is not to be regarded as an event of default under any contract or other instrument.
(4) No attornment to the transferee by a lessee from a transferor is required.
25A
Competition authorisations relating to transfer of land under this Division
25A Competition authorisations relating to transfer of land under this Division
25A Competition authorisations relating to transfer of land under this Division
(1) Conduct authorised or required by or under the provisions of this Division is specifically authorised by this Act for the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales.
(2) Conduct authorised by this section is authorised only to the extent (if any) it would otherwise contravene Part IV of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales.
s 25A: Ins 2020 No 29, Sch 1[11].
26
Land dealings
26 Land dealings
26 Land dealings
(1) A sporting venues authority may sell, lease, exchange or otherwise dispose of or deal with any land vested in the authority and grant easements or rights-of-way over such land or any part of it.
(2) Venues NSW may take action under subsection (1) only with the consent of the Minister.
s 26: Am 2020 No 29, Sch 1[12].
27
Acquisition of property by gift, devise or bequest
27 Acquisition of property by gift, devise or bequest
27 Acquisition of property by gift, devise or bequest
(1) A sporting venues authority may acquire by gift, devise or bequest any property for the purposes of this Act and may agree to carry out the conditions of any such gift, devise or bequest.
(2) The rule of law against remoteness of vesting does not apply to any condition of a gift, devise or bequest to which the sporting venues authority has agreed.
(3) The Duties Act 1997 does not apply to or in respect of any gift, devise or bequest made or to be made to a sporting venues authority.
28
Dealings with certain property that is held by sporting venues authority subject to a condition
28 Dealings with certain property that is held by sporting venues authority subject to a condition
28 Dealings with certain property that is held by sporting venues authority subject to a condition
(1) If property is held by a sporting venues authority subject to a condition to which the authority has agreed under section 27, the authority is not to dispose of or otherwise deal with any of the property except in accordance with the condition or in accordance with subsection (2).
(2) If the authority resolves that any property held by the authority subject to such a condition is no longer required for the purposes of the authority or can no longer be used for those purposes, the authority may, despite that condition—
(a) sell the property and retain the proceeds of sale as property of the authority, or
(b) exchange the property for other property that is capable of being used for the purposes of the authority, or
(c) give the property to an institution that engages in activities of a sporting, recreational, educational or cultural nature, or
(d) if the authority is of the opinion that the property is of no commercial value—dispose of or otherwise deal with the property without valuable consideration.
(3) Venues NSW is not to sell, exchange, give, dispose of or otherwise deal with property under this section except with the consent of the Minister and in accordance with any condition that the Minister may impose on the grant of that consent.
(4) The Minister may consent to the sale, exchange, gift or disposal of, or to any other dealing with, property for the purposes of this section and may impose any condition that the Minister thinks fit on the grant of that consent.
s 28: Am 2020 No 29, Sch 1[12].
29
Acquisition of land
29 Acquisition of land
29 Acquisition of land
(1) The State Sporting Venues Authority may acquire land or any interest in land, for the purposes of this Act, by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2) Venues NSW may acquire land or any interest in land, for the purposes of this Act, by agreement.
(3) For the purposes of the Public Works Act 1912, any acquisition of land under this Act is taken to be an authorised work, and the sporting venues authority that acquired the land is, in relation to that authorised work, taken to be the Constructing Authority.
(4) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply to or in respect of works constructed under this Act.
s 29: Am 2020 No 29, Sch 1[12].
30
Reservations, dedications and original grants of land
30 Reservations, dedications and original grants of land
30 Reservations, dedications and original grants of land
(1) A sporting venues authority may manage, develop and otherwise deal with the authority’s land in accordance with this Act despite the terms of any grant, reservation or dedication to which the land is or was subject under any Act or law.
(2) This section is subject to Divisions 2A and 2B.
s 30: Am 2020 No 29, Sch 1[13].
Division 2A
Crown land management
Division 2A Crown land management
Division 2A Crown land management
pt 4, div 2A: Ins 2020 No 29, Sch 1[14].
30AA
Definitions
30AA Definitions
30AA Definitions
In this Division—
commencement day means the day on which this Division commences.
pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].
30AB
Dedication of scheduled lands
30AB Dedication of scheduled lands
30AB Dedication of scheduled lands
The scheduled lands continue, on and from the commencement day, to be Crown land dedicated for the purpose of public recreation under the Crown Land Management Act 2016.
pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].
30AC
Venues NSW is Crown land manager of scheduled lands
30AC Venues NSW is Crown land manager of scheduled lands
30AC Venues NSW is Crown land manager of scheduled lands
(1) On and from the commencement day—
(a) the appointment of the Sydney Cricket and Sports Ground Trust as Crown land manager for the scheduled lands under the Crown Land Management Act 2016 is taken to be revoked, and
(b) Venues NSW is taken to have been appointed under the Crown Land Management Act 2016 as the Crown land manager for the scheduled lands.
(2) The Crown Land Management Act 2016 applies in relation to the scheduled lands and to Venues NSW in its capacity as the Crown land manager, subject to the following modifications—
(a) Venues NSW’s appointment as the Crown land manager of the scheduled lands cannot be revoked under the Crown Land Management Act 2016,
(b) no other person can be appointed under the Crown Land Management Act 2016 as a Crown land manager of the scheduled lands,
(c) Venues NSW is taken to have been assigned as a category 1 non-council manager of the scheduled lands for the purposes of Division 3.5 of the Crown Land Management Act 2016,
(d) if the Minister is not also the Crown land Minister, the Minister can—
(i) exercise the functions of the Crown land Minister under Part 2 of the Crown Land Management Act 2016 instead of the Crown land Minister in relation to the scheduled lands, except a function prescribed under paragraph (e), and
(e) the regulations under this Act may prescribe kinds of functions for the purposes of section 3.26(2)(d) of the Crown Land Management Act 2016,
(f) Venues NSW is not required to obtain the Minister’s consent for the exercise of a function prescribed for the purposes of section 3.26(2)(d) of the Crown Land Management Act 2016 or paragraph (e),
(g) the following provisions of the Crown Land Management Act 2016 do not apply in relation to the scheduled lands or Venues NSW—
(i) Division 2.2,
(ii) Division 2.4 (except for sections 2.12 and 2.14),
(iii) section 2.21,
(iv) Division 3.2,
(v) sections 3.14–3.16 and 3.18,
(vi) sections 3.29–3.31,
(vii) Division 3.6,
(viii) section 3.45,
(ix) sections 9.12 and 9.25,
(x) Schedule 5,
(xi) any other provisions prescribed by the regulations.
(3) If the Minister exercises a function of the Crown land Minister permitted by this section, the exercise of the function has the same effect as if it had been duly exercised by the Crown land Minister.
pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].
Division 2B
Particular provisions relating to controlled land, designated land and scheduled lands
Division 2B Particular provisions relating to controlled land, designated land and scheduled lands
Division 2B Particular provisions relating to controlled land, designated land and scheduled lands
pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].
30AD
Carrying out of development on designated land
30AD Carrying out of development on designated land
30AD Carrying out of development on designated land
(1) The Minister may approve the following proposals—
(a) the carrying out of development on designated land,
(b) plans or specifications relating to the development.
(2) The Minister’s approval must certify the Minister has consulted the following Ministers in relation to the proposals—
pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].
30AF
Additional uses allowed on scheduled lands
30AF Additional uses allowed on scheduled lands
30AF Additional uses allowed on scheduled lands
(1) Subject to section 30AI, the scheduled lands may be used for purposes permitted on the lands by a State environmental planning policy.
(2) A State environmental planning policy may not permit the use of scheduled lands for a purpose unless the use of the land for the purpose has been approved by the Minister.
(3) Section 30AE does not prevent a provision being included in a State environmental planning policy that applies to designated land.
(4) If a provision included in a State environmental planning policy applies to designated land, section 30AE ceases to apply to the part of the land except in relation to development or use of the land in accordance with an approval under section 30AD—
(a) granted before the day on which the State environmental planning policy took effect, or
(b) granted on or after the day on which the State environmental planning policy took effect in response to an application made by Venues NSW before the day.
(5) This section—
(a) does not affect a provision of a State environmental planning policy in force before the relevant day, and
(b) affects a provision included in a State environmental planning policy after the relevant day only to the extent the provision relates to the scheduled lands.
pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].
30AG
Variation or cessation of agreements relating to scheduled lands
30AG Variation or cessation of agreements relating to scheduled lands
30AG Variation or cessation of agreements relating to scheduled lands
(1) To enable work to be carried out in relation to the scheduled lands, the Minister may determine an agreement relating to the scheduled lands—
(a) ceases to be binding on a party to the agreement, and
(b) is varied to the extent the Minister deems equitable.
(2) The Minister must not make a determination on an agreement before receiving a report from Venues NSW that recommends the alteration of the agreement.
(3) Notice of the Minister’s determination must be given to the parties to the agreement in writing.
(4) An agreement ceases to have effect or is varied—
(a) in accordance with the terms of the Minister’s notice, and
(b) from the date specified in the Minister’s notice.
(5) In this section—
agreement includes a lease and a licence.
pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].
30AH
Ancillary provisions relating to development and use of scheduled lands for additional purposes
30AH Ancillary provisions relating to development and use of scheduled lands for additional purposes
30AH Ancillary provisions relating to development and use of scheduled lands for additional purposes
(1) The dedication of the scheduled lands for public recreation does not prevent or otherwise affect—
(a) the use of any part of the scheduled lands for a permissible purpose, or
(b) the grant of a lease or licence that permits or otherwise provides for its use for a permissible purpose.
(2) To avoid doubt, a permissible purpose includes a purpose authorised by this Act for the purposes of section 2.12 of the Crown Land Management Act 2016 in its application to the scheduled lands.
(3) In this section, permissible purpose, in relation to a part of the scheduled lands, means a purpose permitted on that part by a State environmental planning policy referred to in section 30AF.
pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].
30AI
Certain uses of Venues NSW’s land restricted
30AI Certain uses of Venues NSW’s land restricted
30AI Certain uses of Venues NSW’s land restricted
(1) Despite any other provision of this Act, any other Act or any instrument made under this or any other Act—
(a) no part of Venues NSW’s land, other than controlled land, may be used for residential accommodation, and
(b) no part of Venues NSW’s land, other than designated land, may be used for tourist and visitor accommodation.
(2) In this section—
residential accommodation means a building or place used predominantly as a place of residence, but does not include tourist and visitor accommodation.
tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes hotel accommodation and serviced apartments.
pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].
30AJ
No change to dedicated lands except by Act of Parliament
30AJ No change to dedicated lands except by Act of Parliament
30AJ No change to dedicated lands except by Act of Parliament
The dedication of the scheduled lands cannot be revoked, changed or abolished unless it is done by an Act of Parliament.
pt 4, div 2B (ss 30AA–30AJ): Ins 2020 No 29, Sch 1[14].
Division 3
Transfer of assets, rights and liabilities relating to Stadium Australia
Division 3 Transfer of assets, rights and liabilities relating to Stadium Australia
Division 3 Transfer of assets, rights and liabilities relating to Stadium Australia
pt 4, div 3 (ss 30A, 30B): Ins 2017 No 7, Sch 1 [1].
30A
Transfer to Venues NSW of assets, rights and liabilities relating to Stadium Australia
30A Transfer to Venues NSW of assets, rights and liabilities relating to Stadium Australia
30A Transfer to Venues NSW of assets, rights and liabilities relating to Stadium Australia
(1) The Minister may, by order in writing (a vesting order), transfer assets, rights and liabilities of any of the following persons to Venues NSW—
(c) Stadium Australia Management Limited (ACN 069 692 253),
(d) Stadium Australia Operations Pty Ltd (ACN 126 222 099),
(e) SAT trustee.
(2) Clauses 4–7 of Schedule 3 apply in relation to the transfer of assets, rights or liabilities by a vesting order under this section in the same way as those clauses apply in relation to the transfer of assets, rights or liabilities by operation of Part 2 of that Schedule. For that purpose—
(a) a reference in clause 4 to the transferor is to be read as a reference to the person or persons from whom the assets, rights or liabilities are transferred by the vesting order, and
(b) a reference in clause 4 to the transferee is to be read as a reference to Venues NSW.
(3) Without limiting subsection (2), any assets of SAT trustee that are vested in Venues NSW as a consequence of the transfer of those assets by a vesting order under this section are vested free of any equitable estates, interests, rights or obligations that attached to the assets immediately before that transfer.
(4) A vesting order that varies the terms and conditions of any instrument or contract has effect according to its tenor.
(5) In this section—
SAT trustee means Infrastructure Specialist Asset Management Limited (ACN 098 827 671) in its capacity as trustee of the Stadium Australia Trust.
Stadium Australia Trust means the trust established by the deed that was executed on 19 January 1996 by Australia Stadium 2000 Limited (ACN 069 458 279).
pt 4, div 3 (ss 30A, 30B): Ins 2017 No 7, Sch 1 [1].
30B
Competition authorisations relating to transfer under section 30A
30B Competition authorisations relating to transfer under section 30A
30B Competition authorisations relating to transfer under section 30A
(1) Conduct authorised or required by or under the provisions of any prescribed arrangement is specifically authorised by this Act for the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales.
(2) Anything authorised to be done by this section is authorised only to the extent that it would otherwise contravene Part IV of the Competition and Consumer Act 2010 of the Commonwealth or the Competition Code of New South Wales.
(3) In this section—
prescribed arrangement means any contract, arrangement or understanding to which Venues NSW is a party because of the operation of section 30A.
pt 4, div 3 (ss 30A, 30B): Ins 2017 No 7, Sch 1 [1].
Part 5
Part 5
Part 5
31–33 (Repealed)
pt 5 (ss 31–33): Rep 2020 No 29, Sch 1[15].
Part 6
Miscellaneous
Part 6 Miscellaneous
Part 6 Miscellaneous
33A
33A
33A (Repealed)
34
Use of Newcastle Showground land
34 Use of Newcastle Showground land
34 Use of Newcastle Showground land
(1) The Authority is to allow the Association to use the Showground land for the Association’s annual show—
(a) for such period and at such time during each year as may be agreed to between Venues NSW and the Association, and
(b) free of rent or any fee, and
(c) on such other terms and conditions as may be agreed to between Venues NSW and the Association (including, but not limited to, terms and conditions in respect of catering, parking and reimbursing Venues NSW for any costs arising from that use, such as, electricity, gas or water costs or the costs of the repair of damage caused to the Showground land).
(2) In the absence of agreement between Venues NSW and the Association on any of the matters referred to in subsection (1), the Minister is to determine that matter and Venues NSW is to allow the Association to use the Showground land in accordance with the Minister’s determination.
(3) A provision of any contract, lease or other arrangement relating to the Showground land that would prevent the use of the Showground land by the Association in accordance with this section has no effect to the extent that it would prevent that use.
(4) The Minister may, by notice in writing to Venues NSW—
(a) direct that subsection (3) does not apply to the provisions of a specified contract, lease or other arrangement, and
(b) modify the obligations of Venues NSW under this section to ensure that those provisions can be complied with by Venues NSW.
(5) In this section—
Association means the Newcastle Agricultural, Horticultural, and Industrial Association.
Showground land means the land in respect of which the Newcastle Showground and Exhibition Centre Trust was trustee immediately before the dissolution of the Trust by this Act.
s 34: Am 2011 No 57, Sch 1 [9]; 2020 No 29, Sch 1[17] [18].
35
Consent of Minister to certain matters
35 Consent of Minister to certain matters
35 Consent of Minister to certain matters
Any consent of the Minister required by this Act—
(a) may be given generally or in a particular case or class of cases, and
(b) may be subject to conditions, and
(c) may be varied from time to time, and
(d) may be withdrawn (but any such withdrawal of consent does not affect any disposition of or dealing with land or property made, or the subject of a binding agreement made, before the withdrawal).
36
No duty payable in relation to agreements, vestings or transfers under Act
36 No duty payable in relation to agreements, vestings or transfers under Act
36 No duty payable in relation to agreements, vestings or transfers under Act
Duty under the Duties Act 1997 is not chargeable for or in respect of—
(a) a vesting or transfer effected under this Act or in accordance with arrangements entered into under this Act, or
(b) anything certified by the Minister as having been done in consequence of such a vesting or transfer or under any such arrangements.
37
Rangers
37 Rangers
37 Rangers
(1) The Chief Executive Officer may appoint a person employed by Venues NSW to be a ranger for the purposes of this Act.
(2) A ranger may exercise such functions, and has the powers and duties, as are conferred on a ranger by this Act or the regulations.
(3) The Chief Executive is to provide each ranger with an identification card.
(4) An identification card is a card that—
(a) states that it is issued under this Act, and
(b) gives the name of the person to whom it is issued, and
(c) describes the nature of the powers conferred, and
(d) states the date (if any) on which it expires, and
(e) is signed by the Chief Executive.
(5) In the course of exercising the functions of a ranger under this Act, the ranger must, if requested to do so by a person affected by the exercise of any such function, produce the ranger’s identification card to the person.
(6) The Chief Executive may delegate the exercise of any function of the Chief Executive under this section (other than this power of delegation) to a person employed in Venues NSW.
(7) In this section—
Chief Executive means the Chief Executive of Venues NSW.
s 37: Am 2011 No 57, Sch 1 [10]; 2014 No 88, Sch 1.26 [6]–[8]; 2020 No 29, Sch 1[19]–[21].
38
Penalty notices
38 Penalty notices
38 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note.
The Fines Act 1996 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.
(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).
(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.
(6) In this section, authorised officer means a police officer or a ranger.
s 38: Subst 2017 No 22, Sch 3.70.
39
Nature of proceedings for offences
39 Nature of proceedings for offences
39 Nature of proceedings for offences
Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.
s 39: Am 2009 No 106, Sch 4.28.
40
Regulations
40 Regulations
40 Regulations
(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 and, in particular, for or with respect to—
(a) the care, control and management of land and personal property vested in or managed by a sporting venues authority, and
(a1) the protection of property, including buildings, structures and machinery, situated on the authority’s land, and
(a2) the preservation or protection of trees or other vegetation on the authority’s land, and
(b) the use of land vested in or managed by a sporting venues authority or of any specified part of it, and the regulation of its use and enjoyment or the use and enjoyment of any specified part of it, and
(c) the admission of persons and classes of persons (whether or not as members) to land vested in or managed by a sporting venues authority or any specified part of it, including the determination of admission charges, membership fees or subscriptions and the collection and disposal of those amounts, and
(c1) the admission to memberships that enable the access to, and use of, areas of Venues NSW’s land reserved for the use of members, including the determination of membership fees or subscriptions, and
(d) the regulation or prohibition of admission of persons to land vested in or managed by a sporting venues authority or any specified part of it, including the imposition of conditions on any such admission, and
(e) the removal of persons from land or any part of land vested in or managed by a sporting venues authority where those persons commit offences, fail to comply with conditions of entry or cause inconvenience to other persons, and
(f) the regulation or prevention of the taking of liquor or other intoxicants on to, and the consumption of any such liquor or intoxicants on, land vested in or managed by a sporting venues authority or any specified part of it, and
(g) the regulation, control or prohibition of parking of vehicles on land vested in or managed by a sporting venues authority or any specified part of it, the making of charges for any such parking and the collection and disposal of any such charges, and
(h) the reservation of any portion of land vested in or managed by a sporting venues authority for such separate or exclusive uses as the regulations may prescribe or authorise, and
(h1) the closing of lands, or a part of the lands, vested in or managed by a sporting venues authority, and the conditions that may apply to the closing of the lands or as a consequence of the closing of the lands, and
(i) the regulation, control or prohibition of private trading on land vested in or managed by a sporting venues authority or any specified part of it.
(2) A regulation may create an offence punishable by a penalty not exceeding 10 penalty units.
s 40: Am 2011 No 57, Sch 1 [11] [12]; 2020 No 29, Sch 1[22]–[24].
41
Savings, transitional and other provisions
41 Savings, transitional and other provisions
41 Savings, transitional and other provisions
Schedule 5 has effect.
42
42
42 (Repealed)
43
Review of Act
43 Review of Act
43 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Schedule 1
Constitution and procedure of Board of Venues NSW
Schedule 1 Constitution and procedure of Board of Venues NSW
Schedule 1 Constitution and procedure of Board of Venues NSW
section 15
sch 1: Am 2009 No 96, Sch 23 [1]; 2010 (108), cl 3; 2011 No 57, Sch 1 [13]. Subst 2020 No 29, Sch 1[25]. Am 2024 No 35, Sch 3.12.
Schedule 2
Provisions relating to Chief Executive Officer of Venues NSW
Schedule 2 Provisions relating to Chief Executive Officer of Venues NSW
Schedule 2 Provisions relating to Chief Executive Officer of Venues NSW
section 16
sch 2: Am 2011 No 57, Sch 1 [14]; 2014 No 88, Sch 1.26 [9]. Subst 2020 No 29, Sch 1[25].
Schedule 3
Election of members of membership advisory committee by SCG Members
Schedule 3 Election of members of membership advisory committee by SCG Members
Schedule 3 Election of members of membership advisory committee by SCG Members
section 21E(3)(b)
sch 3: Subst 2020 No 29, Sch 1[25].
Schedule 4
Land to be vested in sporting venues authorities
Schedule 4 Land to be vested in sporting venues authorities
Schedule 4 Land to be vested in sporting venues authorities
(Sections 22, 23, 24)
Schedule 4A
Venues NSW’s land
Schedule 4A Venues NSW’s land
Schedule 4A Venues NSW’s land
section 3(1)
sch 4A: Ins 2020 No 29, Sch 1[26].
Schedule 5
Savings, transitional and other provisions
Schedule 5 Savings, transitional and other provisions
Schedule 5 Savings, transitional and other provisions
(Section 41)
sch 5: Am 2009 No 96, Sch 23 [2] [3]; 2011 No 57, Sch 1 [15] [16]; 2017 No 7, Sch 1 [2] [3]; 2020 No 29, Sch 1[27].
Division 4
Transfers of assets, rights and liabilities
Division 4 Transfers of assets, rights and liabilities
Division 4 Transfers of assets, rights and liabilities
31
State taxes not chargeable
31 State taxes not chargeable
31 State taxes not chargeable
(1) State tax is not payable in relation to—
(a) an exempt matter, or
(b) anything done because of, or for a purpose connected with or arising out of, an exempt matter.
(2) In this clause—
exempt matter means any of the following—
(a) the transfer of any assets, rights or liabilities by operation of this Division, including, without limitation, any instrument executed only for a purpose ancillary to or consequential on the operation of this Division,
(b) anything certified by the Minister in writing as having been done in consequence of the transfer, for example, the transfer or registration of an interest in land.
State tax means application or registration fees, duty or any other tax, fee or charge imposed by any legislation or other law of the State.
32
Confirmation of vesting
32 Confirmation of vesting
32 Confirmation of vesting
(1) The Minister may, by written notice, confirm a transfer of particular assets, rights or liabilities by operation of this Part.
(2) The notice is conclusive evidence of that transfer.
Division 5
Regulatory authorisations
Division 5 Regulatory authorisations
Division 5 Regulatory authorisations
33
Transfer of certain regulatory authorisations
33 Transfer of certain regulatory authorisations
33 Transfer of certain regulatory authorisations
(1) This clause applies to a regulatory authorisation held by or on behalf of the Sydney Cricket Ground Trust or a Local Venues Council (an existing regulatory authorisation).
(2) An existing regulatory authorisation becomes a regulatory authorisation of reconstituted Venues NSW (the transferred regulatory authorisation) on and from the repeal day for the purposes of the Act or statutory rule (the relevant State legislation) under which the existing regulatory authorisation was issued.
(3) The provisions of the relevant State legislation apply to reconstituted Venues NSW in relation to a transferred regulatory authorisation, subject to any modifications prescribed by the regulations.
(4) The Minister must not recommend the making of a regulation for the purposes of subclause (3) unless the Minister administering the Act or statutory rule proposed to be modified has consented to the modification concerned.
(5) A person or body (a regulatory body) that has the function under the relevant State legislation of issuing regulatory authorisations of the same kind as a transferred regulatory authorisation must, at the request of reconstituted Venues NSW, re-issue the transferred regulatory authorisation in the name of reconstituted Venues NSW with substantially the same terms, conditions and endorsements as the transferred regulatory authorisation.
(6) No fee or charge is payable by reconstituted Venues NSW to a regulatory body for the exercise of a function by the regulatory body in connection with the transfer or re-issue of a regulatory authorisation by operation of this clause.
(7) In this clause—
issued includes given.
regulatory authorisation means a licence, permit, consent, entitlement, accreditation or other authority under an Act or statutory rule, and includes, but is not limited to, the following—
(f) a licence, permit, consent, entitlement, accreditation or other authority of a kind prescribed by the regulations.
Division 6
Employees
Division 6 Employees
Division 6 Employees
Division 7
Miscellaneous
Division 7 Miscellaneous
Division 7 Miscellaneous
Schedule 6
Schedule 6
Schedule 6 (Repealed)
sch 6: Rep 2008 No 114, Sch 4.
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 Act
1 Name of Act
1 Name of Act
This Act is the Sporting Venues Authorities Act 2008.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
advisory committee means a committee established under section 21C and includes a membership advisory committee.
assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.
authority’s land means, in relation to a sporting venues authority, land vested in or managed by that authority.
Board of Venues NSW means the Board of Venues NSW provided by section 15.
Chief Executive Officer means the Chief Executive Officer of Venues NSW.
controlled land means the lands described in Schedule 4A, Part 3.
designated land means the land described in Schedule 4A, Part 2.
function includes a power, authority or duty, and exercise a function includes perform a duty.
government agency means—
(a) a public authority constituted by or under an Act, or
(b) a NSW Government agency, or
(c) a Division of the Government Service, or
(d) a local authority, or
(e) a State owned corporation.
liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).
membership advisory committee means a membership advisory committee established by section 21E.
private corporation means a corporation within the meaning of the Corporations Act 2001 of the Commonwealth formed in or outside New South Wales.
Sporting Venues Authorities Act 2008 (New South Wales) | Zoe
The Act empowers Ministers and the Board in key decision points. The Minister is responsible for the day-to-day management of the State Sporting Venues Authority (s 6) and Venues NSW is subject to the control and direction of the Minister in exercising its functions (s 14). The Board of Venues NSW is ministerially appointed (s 15); the Chief Executive Officer is appointed by the Minister in consultation with the Board (s 16). The Minister may give or withdraw consents and may make determinations that alter agreements relating to scheduled lands (ss 35, 30AG). The Act provides for enforcement and day-to-day site control through appointment of rangers with powers and identification requirements (s 37), penalty notices enforceable under the Fines Act 1996 (s 38), and regulations that may create offences up to 10 penalty units (s 40).
The Act states policy objectives in an objects clause which frame its purpose: to enable commercial management and coordination of venues, to attract major events, to facilitate precinct development, to apply a customer-focused approach, and to ensure provision fulfils community service obligations determined by the Minister (s 3A). Those purpose-claims are statutory; the Act’s mechanics implement them by concentrating land control, delegating operational authority to corporate bodies, and creating special planning and land management pathways (notably ss 19, 26, 30AD-30AF, Schedule 4A).
Key implementation features that operate immediately and without further conveyancing include the automatic vesting of land and the transfer of rights and liabilities on the transfer date (s 23(1)-(2)). Transfer provisions also provide that no compensation need be paid in connection with the transfers effected under the relevant divisions (s 25(1), Schedule 5 cl 29). Competition and planning law effects are addressed in two places: the Act authorises conduct that would otherwise contravene Part IV of the Competition and Consumer Act 2010 or the NSW Competition Code to the extent necessary for transfers under s 23 or vesting orders under s 30A (ss 25A, 30B). The Act creates an administrative ecosystem for advisory committees, membership advisory committees and a heritage advisory body for the SCG (ss 21C-21F), together with detailed election and voting rules for former SCG Members (Schedule 3).
In summary, the Act centralises venue land and asset control in statutory corporations, provides express statutory transfers and exemptions (including from duties and state taxes in certain events, ss 27, 36 and Schedule 5 cl 31), modifies parts of Crown land law for scheduled lands, and equips the authorities with commercial powers plus detailed governance, administrative and transitional rules.
Main concepts
The Act is constructed around a limited set of recurring legal and administrative concepts. Those concepts and their statutory loci are:
Statutory authorities as corporate bodies, with ministerial control and board governance: State Sporting Venues Authority (ss 4-6, 9) and Venues NSW (ss 12-16, Schedule 1). The Board composition, member terms, disclosure, removal and protections are in s 15 and Schedule 1 (see Schedule 1 cl 2, cl 6, cl 10-12).
Functions and commercial mandate: Principal functions are stated separately for the State Sporting Venues Authority (s 9) and for Venues NSW (s 19). Both include land maintenance, establishment and management of sporting and community facilities, facilitating commercial and retail activities on authority land, encouraging public use where appropriate, and implementing asset management plans (ss 9(1)(a)-(h); 19(1)(a)-(l)). The objects clause (s 3A) frames these functions as directed to commercially based, customer-focused venue management and precinct development.
Delegation and exercise through private entities: Both authorities may delegate functions to authorised persons, including staff and government agencies (ss 7, 20). Both authorities may exercise functions through private subsidiary corporations and participate in joint ventures and partnerships (ss 10-11; ss 21, 21A). The Act expressly states that a private subsidiary corporation is not and does not represent the Crown (s 11(3); s 21(2)).
Vesting and transfer of land, assets, rights and liabilities: Land specified in Schedule 4 vests in the relevant authority on a transfer date without further conveyance (ss 22-24, s 23(1)). The Act provides automatic conversion of rights and liabilities and preserves proceedings and references across instruments (s 23(2)(a)-(d); Schedule 5 cl 28). No compensation is payable in connection with many transfers (s 25(1); Schedule 5 cl 29), and duties and state taxes are frequently disapplied in the context of transfers (s 27(3); s 36; Schedule 5 cl 31).
Crown land and scheduled lands regime: The Act keeps scheduled lands as Crown land dedicated for public recreation (s 30AB), appoints Venues NSW as Crown land manager with statutory modifications so that certain provisions of the Crown Land Management Act 2016 do not apply (s 30AC(2)(a)-(g)), and restricts changes to the dedication except by Act of Parliament (s 30AJ).
Planning and approval carve-outs for designated land: The Minister may approve development on designated land and certify consultation with specified Ministers (s 30AD). For such Minister-approved development, the Environmental Planning and Assessment Act 1979 and the Local Government Act 1993 and instruments under them do not apply to the approval, carrying out or use of the approved development (s 30AE), subject to specified limits and timeframes, including that s 30AD is repealed after 12 months (s 30AD(3)).
Use restrictions and permitted purposes on land: The Act limits certain uses of Venues NSW land,residential accommodation is banned except on controlled land, and tourist and visitor accommodation is banned except on designated land (s 30AI). At the same time, scheduled lands may be used for purposes permitted by State environmental planning policies subject to Ministerial approval (s 30AF).
Advisory architecture: The Act authorises advisory committees (s 21C), requires establishment of Hunter and Wollongong advisory committees (s 21D), establishes membership advisory committees and sets special rules about inviting former members and liability protection for those committees (s 21E), and requires establishment of an SCG Heritage Trust (s 21F).
Enforcement, rangers and offences: A Chief Executive may appoint rangers and issue IDs (s 37); authorised officers (police or rangers) may issue penalty notices under the Fines Act (s 38); regulations may create offences with penalties up to 10 penalty units (s 40(2)); offences may be dealt with summarily in the Local Court (s 39).
Transition and continuity mechanisms: Schedule 5 contains detailed savings, transitional and vesting provisions transferring assets, liabilities and employees from earlier bodies into new authorities, preserving regulatory authorisations and prescribing that re-issuing of authorisations should be free of charge (Schedule 5 cl 33-36).
These concepts interlock to convert certain trust and Crown land holdings and management functions into corporate-styled authorities with powers to commercialise and redevelop venues, subject to ministerial control and specified statutory constraints.
Venues NSW and the State Sporting Venues Authority, their Boards, Chief Executive, staff and rangers. The Act constitutes and governs their structure, functions and powers (ss 4-6; ss 12-20; Schedule 1; Schedule 2; s 37).
Holders of land, rights and liabilities that are subject to transfers under this Act, including named former trusts, local authority land, Crown land and specified corporate lessees for Stadium Australia (ss 22-24; Schedule 4A; s 30A). Where transfers occur by order or by operation of provisions in Schedule 5, the transferee becomes vested in assets, rights and liabilities with no need for conveyance (s 23(1)-(2); Schedule 5 cl 28).
Members and former members of dissolved trust bodies, particularly former members of the Sydney Cricket and Sports Ground Trust and former boards of management, who are to be invited to membership advisory committees or otherwise affected by abolition and reconstitution (s 21E; Schedule 5 cl 25).
Users and visitors of the scheduled lands, including the public and clubs, for whom the Act preserves public recreation dedication but also authorises additional permitted uses subject to Ministerial approval (ss 30AB, 30AF, 30AH).
Local authorities, government agencies and ministers who hold, or previously held, land and rights to be transferred to the authorities, and who are required to give consent to inclusion of land in Schedule 4 (s 24(2)-(3)).
Tenants, licensees and contracting parties dealing with assets and land vested in or managed by the authorities. The Act provides that transfers under the Act do not constitute events of default, breaches or give rise to remedies merely by reason of change of ownership and no attornment is required (s 25(2)-(4); Schedule 5 cl 28(2) and (3)).
Persons and bodies that hold regulatory authorisations (licences, permits, consents) affecting the relevant land, as those authorisations are transferred in name to reconstituted Venues NSW unless regulations or re-issue processes provide otherwise (Schedule 5, cl 33).
Employees of the dissolved trusts (for example, Sydney Cricket and Sports Ground Trust employees) who are transferred to reconstituted Venues NSW as employees, with preservation of continuity and accrued leave and superannuation entitlements (Schedule 5 cl 34-35).
The Newcastle Agricultural, Horticultural, and Industrial Association in respect of use of Newcastle Showground land, with statutory rights to annual show use free of rent but subject to costs reimbursement (s 34).
Secondary affected parties and interest groups
Private corporations formed or used as private subsidiaries or joint venture partners of the authorities. The Act permits formation and acquisition of interests in private corporations and joint ventures (ss 10-11; ss 21, 21A). Private subsidiaries are expressly not Crown (s 11(3); s 21(2)).
Regulatory bodies administering licences and permits named in Schedule 5 cl 33 (for example, liquor, water, security licensing bodies) which must, at the authority’s request, re-issue transferred regulatory authorisations and cannot charge fees for doing so under Schedule 5 cl 33(5)-(6).
Developers and prospective purchasers interested in development of designated or scheduled lands. The Act creates a Ministerial approval pathway for development on designated land (s 30AD) and allows State environmental planning policies to permit certain additional uses on scheduled lands subject to Ministerial approval (s 30AF), but concurrently excludes application of certain planning and local government laws to Minister-approved development (s 30AE).
Who pays, who decides and what changes behaviour
Who decides: The Minister has decisive roles,responsibility for day-to-day management of the State Sporting Venues Authority (s 6), control and direction over Venues NSW’s exercise of functions (s 14), power to appoint Board members (s 15), power to grant consents required by the Act (s 35) and to determine agreements relating to scheduled lands after receiving a Venues NSW report (s 30AG).
Who pays: The Act allows authorities to undertake commercial activities and retain proceeds from disposal of property in certain cases (s 9(1)(f), s 28(2)(a)). The State is not required to pay compensation for transfers effected under the Act (s 25(1), Schedule 5 cl 29). For use of Newcastle Showground land by the Association, Venues NSW may recover costs such as utilities and repairs (s 34(1)(c)).
Behavioural changes the Act induces: consolidation of asset ownership and management to Venues NSW and the State Sporting Venues Authority shifts operational responsibility and revenue opportunities to statutory agencies and their private subsidiaries (ss 9, 19, 10, 21A). The Ministerial approval and planning carve-outs (ss 30AD-30AE) lower regulatory friction for certain developments approved by the Minister, while s 30AI constrains private residential or tourist accommodation development on venue land unless the land is of a permitted class. Advisory committees, elections and membership rules (ss 21C-21F; Schedule 3) create institutionalised stakeholder representation mechanisms and electoral procedures that change how former trust members can participate.
Concentrated vs diffuse actors: The Act concentrates decision rights in Minister, Board and Chief Executive positions (ss 14-16; Schedule 1 and Schedule 2), while costs (for example, foregone compensation for transfers and altered land-use regimes) are spread across multiple third parties (s 25(1); s 30AI). Regulatory authorisations are transitioned administratively to the authorities (Schedule 5 cl 33), concentrating regulatory control in the transferee.
Key duties and rights
Statutory duties and rights are distributed among the Minister, the Board of Venues NSW, the Chief Executive Officer, the authorities, rangers, and third parties. Key duties and rights, with statutory references, follow.
Venues NSW and State Sporting Venues Authority , functions and duties
Principal functions: maintain and improve authority land, establish and manage sporting and community facilities, permit use for sporting, recreational and community activities, pursue commercial and retail activities on land, attempt to meet environmental and planning standards, and ensure asset management plans (s 9(1)(a)-(h); s 19(1)(a)-(l)). The objects clause (s 3A) frames these duties with commercial, customer-focused and precinct-development objectives.
Authority to enter arrangements and contracts: both authorities may enter contracts and arrangements to carry out functions; the State Sporting Venues Authority may enter into arrangements with Venues NSW for management of its land (s 9(2)-(3)). Venues NSW may undertake supplemental acts and enter into contracts (s 19(2)).
Powers to form and use private subsidiaries and joint ventures: any function may be exercised by the authority itself, by a private subsidiary, or by the authority or subsidiary in association with others (s 10; s 21A). Authorities may form, acquire and dispose of interests in private corporations (s 11(2); s 21(1)).
Land dealings: sporting venues authorities may sell, lease, exchange or otherwise dispose of or deal with land vested in them and grant easements or rights-of-way (s 26(1)). Venues NSW requires Ministerial consent for such actions (s 26(2)).
Acquisition of land: State Sporting Venues Authority may acquire land by agreement or compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991; Venues NSW may acquire by agreement only (s 29(1)-(2)). For Public Works Act 1912 purposes, acquisitions are authorised works with the authority as Constructing Authority (s 29(3)).
Minister , powers and duties
Day-to-day management: the Minister is responsible for day-to-day management of the State Sporting Venues Authority (s 6(1)-(2)); Venues NSW is subject to Ministerial control and direction (s 14).
Consent, conditions and variation: any consent required by the Act may be given generally or in particular cases, can be conditional, varied or withdrawn (s 35). For property held under gifts, devise or bequest, Minister may consent to sale or other dealings and may impose conditions (s 28(3)-(4)). The Minister may determine agreements relating to scheduled lands to cease to be binding or to be varied equitably after receiving a Venues NSW report (s 30AG).
Approvals for designated land development: the Minister may approve development proposals and certify consultation with other Ministers for designated land (s 30AD(1)-(2)). Approvals made under s 30AD interact with excluded planning and local government laws as provided in s 30AE.
Board and Chief Executive , governance duties and rights
Board appointment and composition: the Board consists of ministerially appointed members, including chair and deputy, a Public Service senior executive member, regional residents and 6-8 other persons (s 15(2)). Schedule 1 details terms, disclosure of pecuniary interests, vacancy rules, removal and personal liability protections (Schedule 1 cl 2, cl 6, cl 10-12).
CEO appointment and managerial duties: the Minister appoints the CEO in consultation with the Board; the CEO is responsible for day-to-day management of Venues NSW consistent with Board policy and general directions (s 16(1)-(2)). The CEO may attend Board meetings but has no vote (s 16(4)).
Rangers and authorised officers , enforcement powers and duties
Ranger appointment and ID: the CEO may appoint employees to be rangers, who exercise functions and powers conferred by this Act or regulations; rangers must be issued identification cards and produce them when requested (s 37(1)-(5)).
Penalty notices and authorised officers: an authorised officer (police or ranger) may issue penalty notices for offences prescribed by the regulations; penalty notices are governed by the Fines Act 1996 (s 38(1)-(3), (6)). The penalty amount must be the amount prescribed in regulations not exceeding a court maximum (s 38(4)).
Third-party rights and protections
No compensation and non-termination: no compensation is payable in connection with transfers effected under Division 1 of Part 4 (s 25(1)); the operation of that Division is not to be regarded as a breach of contract, a civil wrong, a breach of anti-assignment provisions, or an event of default under contracts (s 25(2)-(3)). Similarly, Schedule 5 cl 28 applies to transfers effected under that schedule and provides similar protections and non-attornment (Schedule 5 cl 28(1)-(3)).
Exemption from duties and state taxes: the Duties Act 1997 does not apply to gifts, devises or bequests made to a sporting venues authority when acquired under s 27(3); s 36 disapplies duty for vestings or transfers under the Act; Schedule 5 cl 31 excludes state taxes in relation to transfers under that Part.
Regulatory authorisations: existing regulatory authorisations held by the Sydney Cricket and Sports Ground Trust or Local Venues Councils become regulatory authorisations of reconstituted Venues NSW on the repeal day (Schedule 5 cl 33(1)-(3)). Re-issue on request must be free of charge (Schedule 5 cl 33(5)-(6)).
Advisory committees and membership advisory committees
Establishment, unpaid status and procedure: Venues NSW may establish advisory committees to provide advice to Minister or Venues NSW and an advisory committee member is honorary and not remunerated (s 21C(1)-(3)). Venues NSW must establish Hunter and Wollongong advisory committees within six months (s 21D). Membership advisory committees are established on commencement day and special protections attach to some former members: invited former members who accept become members and membership advisory committee members are not personally liable for acts done in good faith,the liability instead attaches to the Crown (s 21E(1)-(6)).
These duties and rights create a statutory framework in which the Minister and authorities exercise a commercial land-management and venue-promoting function with ministerial oversight, enforce conditions on-site through rangers and regulations, transition assets and employees from prior trust structures without compensation, and transfer regulatory authorisations to the reconstituted authorities.
Penalties and enforcement
Primary enforcement mechanisms
Penalty notices: The Act authorises authorised officers (police or rangers) to issue penalty notices if it appears that the person has committed a penalty notice offence (s 38(1), (6)). Penalty notice offences are those offences against this Act or regulations prescribed by regulation as penalty notice offences (s 38(2)). Penalty notices are subject to the Fines Act 1996 (s 38(3)), and the amount payable must be the amount prescribed by regulation not exceeding the maximum court penalty (s 38(4)). The Fines Act mechanism allows an alleged offender to pay the prescribed amount instead of having the matter determined by a court (note to s 38).
Summary proceedings: The Act provides that proceedings for an offence under the Act or the regulations may be dealt with summarily before the Local Court (s 39). This gives a traditional low-cost, expedited enforcement pathway if a matter proceeds to court.
Regulatory offences: The Governor may make regulations creating offences punishable by up to 10 penalty units (s 40(1)-(2)). The regulations may also prescribe which offences are penalty notice offences (s 21C(5) cross-referred via s 38(2)). The regulations cover a broad range of site management, access, parking, admission, closures, membership and trading activities (s 40(1)(a)-(i)).
Rangers and authorised officers , powers and practical enforcement
Rangers: the Chief Executive Officer may appoint Venues NSW employees to be rangers; rangers may exercise functions and powers conferred by the Act or regulations (s 37(1)-(2)). Rangers must be given identification cards with specified content and must produce the card on request (s 37(3)-(5)). Rangers are authorised officers for penalty notice purposes (s 38(6)).
Removal and control powers: the regulations may provide for removal of persons committing offences, failing to comply with conditions of entry, or causing inconvenience to others (s 40(1)(e)). Regulations may also provide for closing lands or parts of lands vested in an authority and conditions applying to closures (s 40(1)(h1)), powers to regulate liquor and other intoxicants (s 40(1)(f)), parking controls and charges (s 40(1)(g)), and regulation of private trading (s 40(1)(i)). These regulatory powers are delegated legislative instruments that define the day-to-day enforceable rules on Venues NSW land.
Decision-making and accountability for enforcement powers
Ministerial direction: Venues NSW is subject to the control and direction of the Minister in exercise of its functions (s 14). The Minister has extensive consent and direction powers under the Act, including consent to land dealings (s 26(2)), and the ability to impose conditions on consent (s 35). The Minister must receive a report from Venues NSW before determining agreements relating to scheduled lands (s 30AG(2)), which introduces a report-and-decide step before certain variations.
Delegation: Both authorities may delegate functions other than the power of delegation to authorised persons, including staff, government agencies and (for Venues NSW) advisory committees (ss 7(1)-(3); 20(1)-(3)). Delegations will be the administrative mechanism by which enforcement, licensing and compliance functions are exercised operationally.
Limits and ceilings
Penalty unit ceiling: regulations may make offences punishable by up to 10 penalty units (s 40(2)), and penalty notice amounts are capped by the maximum amount of penalty a court could impose for the offence (s 38(4)).
Finality of certain administrative determinations: for example, in the election procedures in Schedule 3 the Returning Officer’s determination as to the formality or informality of a ballot paper is final (Schedule 3 cl 20(4)). This shows that certain procedural functions have administrative finality in the Act’s regime.
Transitional enforcement prescriptions
Existing authorised persons: persons authorised under the now-repealed Sydney Cricket Ground and Sydney Football Stadium By-law 2014 for functions in Parts 6 or 7 of that by-law are taken to have been appointed as rangers under s 37 on the repeal day, preserving enforcement continuity for previously authorised officers (Schedule 5 cl 38).
Operational contours and compliance risk
The Act puts significant rule-making power in regulations (s 40). Compliance burden for users and business operators on Venues NSW land therefore depends on the content of regulations made under s 40, and on Ministerial consents and Board decisions under ss 26, 28 and 30AG. The interplay between ministerial approvals for development (ss 30AD-30AE) and enforcement under regulations produces opportunities for both streamlined approvals and regulatory exemptions (for example, s 30AE excludes EP&A Act and Local Government Act from certain approved development), affecting the typical enforcement pathways for planning and local government offences.
In short, enforcement is implemented through a mixture of statutory delegation to rangers and authorised officers, penalty notices under the Fines Act, summary prosecution in Local Court, and the details of regulations which can prescribe specific offences and penalties (ss 37-40). Ministerial and Board decision-making shape when Ministerial approvals override or modify normal regulatory application (ss 30AD-30AE; s 30AC).
How it interacts with other laws
The Act deliberately interacts with multiple pieces of state and Commonwealth legislation through incorporations, exemptions, and specified modifications. Those interactions are explicit and should be read against the statutory text.
Crown land law
The scheduled lands remain Crown land dedicated for public recreation under the Crown Land Management Act 2016 (s 30AB). Venues NSW is taken to have been appointed as the Crown land manager for the scheduled lands under that Act but subject to multiple modifications: Venues NSW’s appointment cannot be revoked under the Crown Land Management Act 2016; no other person can be appointed as Crown land manager for the scheduled lands; Venues NSW is taken to be a category 1 non-council manager for Division 3.5 purposes; and a list of specified Crown Land Management Act provisions do not apply in relation to Venues NSW and the scheduled lands (s 30AC(1)-(2)(a)-(g)). The Act thereby creates a bespoke Crown land management relationship which overrides some standard Crown Land Management Act processes for scheduled lands.
Environmental planning and local government laws
For designated land, the Minister may approve development (s 30AD). Section 30AE states that the Environmental Planning and Assessment Act 1979, the Local Government Act 1993 and instruments under them do not apply to the Minister’s approval of development or to the carrying out, use of the approved development, or to the designated land in relation to that approved development (s 30AE(1)-(2)). However, the exclusion is expressly limited to the matters listed and subject to the section’s definitions and scope. Section 30AF permits scheduled lands to be used for purposes permitted by State environmental planning policy, but any such use requires Ministerial approval (s 30AF(1)-(2)). Section 30AF(4) clarifies transitional interactions where a State environmental planning policy applies to designated land.
Competition law
The Act includes express competition authorisations. Section 25A states that conduct authorised or required by Part 4 Division 1 is specifically authorised for purposes of the Competition and Consumer Act 2010 and the Competition Code of New South Wales to the extent that it would otherwise contravene Part IV of the Commonwealth Act or the NSW Competition Code (s 25A(1)-(2)). Section 30B grants similar authorised status to conduct authorised by prescribed arrangements arising from transfers under s 30A (s 30B(1)-(3)). Those provisions function as tailored competition law carve-ins for the transfers effected by the Act.
Acquisition, public works and duties
The State Sporting Venues Authority may acquire land compulsorily under the Land Acquisition (Just Terms Compensation) Act 1991 (s 29(1)). Acquisitions under this Act are taken to be authorised works for the Public Works Act 1912 and the sporting venues authority is taken to be the Constructing Authority (s 29(3)); specified Public Works Act sections do not apply to works constructed under this Act (s 29(4)). The Duties Act 1997 does not apply to gifts, devises or bequests made to a sporting venues authority (s 27(3)). Section 36 confirms that duty under the Duties Act is not chargeable for vestings or transfers under this Act and for anything certified by the Minister as done in consequence of such vestings or arrangements.
Regulatory authorisations and re-issuing of licences
Schedule 5 cl 33 deals with transferred regulatory authorisations (licences, permits, consents, accreditation etc.). An existing regulatory authorisation held by the Sydney Cricket and Sports Ground Trust or a Local Venues Council becomes a regulatory authorisation of reconstituted Venues NSW on the repeal day. The relevant State legislation that governs the authorisation applies to reconstituted Venues NSW subject to any modifications prescribed by regulation (Schedule 5 cl 33(2)-(3)). The Minister must not recommend making regulations under Schedule 5 cl 33(3) unless the administering Minister consents (Schedule 5 cl 33(4)). A regulatory body must, on request, re-issue the transferred authorisation in reconstituted Venues NSW’s name and no fee or charge is payable for that exercise (Schedule 5 cl 33(5)-(6)).
Employment and industrial law
Schedule 5 directs transfer of employees of the dissolved Sydney Cricket and Sports Ground Trust to reconstituted Venues NSW, preserving accrued entitlements, continuity of service and superannuation membership (Schedule 5 cl 34-35). However, Schedule 5 cl 36 specifies that any provision in the Division has no effect to the extent inconsistent with the Fair Work Act 2009 of the Commonwealth, and the clause does not limit the Part’s operation if reconstituted Venues NSW is declared a non-national scheme employer under the Industrial Relations Act 1996 (Schedule 5 cl 36).
Procedural and evidential interactions
The Act includes provisions that convert references in instruments and certificates to the transferee and authorise regulations for conversion of document references (s 23(2)(d) and following). The Minister may issue notices confirming transfers and such notices are conclusive evidence of the transfer (Schedule 5 cl 6; Schedule 5 cl 32).
Areas of statutory modification and carve-outs creating implementation risk
The Act expressly excludes application of several provisions of the Crown Land Management Act in respect of scheduled lands (s 30AC(2)(g)(i)-(xi)), and suspends operation of EP&A Act and Local Government Act in relation to specified Minister-approved development on designated land (s 30AE). These carve-outs change the typical legal pathways for land use approvals and decision review remedies, and shift regulatory authority into the Minister/authority axis. Any legal questions arising from the scope of these carve-outs are to be addressed against the detailed lists in the Act; the Act preserves a consultative requirement when Minister approves development (s 30AD(2)). The Act also includes competition authorisations that disapply parts of Commonwealth competition law for transfers under the Act (ss 25A, 30B) to the extent necessary.
In sum, interaction with other laws is by explicit statutory modification, transfer and exemption. The Act keeps a networked relationship with planning, crown land, competition, duties, and employment law but creates bespoke exceptions and transfer mechanisms that shift practical regulatory control to the Minister and the statutory authorities for the lands and assets specified.
Amendment history
The Act’s text carries annotations and marginal notes that record insertions, substitutions, amendments and repeals. The following summarises those textual amendment annotations contained in the source text, cited by section or schedule where indicated.
General: The Act is cited as the Sporting Venues Authorities Act 2008 (s 1). Commencement is by proclamation (s 2).
2009 amendments: Several Schedule and clause annotations show amendments in 2009:
Schedule 1: Am 2009 No 96, Sch 23 [1].
s 29 and s 23 references include Am 2009 No 56, Sch 4.63 and 2009 No 106 Sch 2.36 annotations in the definitions (s 22), indicating amendments were made in 2009.
2011 amendments:
Sections amended or repealed in 2011 are annotated: s 8 was repealed (s 8: Rep 2011 No 57, Sch 1 [3]); s 20 had parts repealed and later reinserted and s 21 saw amendments (s 21: Am 2011 No 57, Sch 1 [6] [7]); Schedule 2 and Schedule 1 show Am 2011 No 57, Sch 1 references. Schedule 5 notes amendments in 2011 (cl 1: Am 2011 No 57, Sch 1 [15] [16]).
2014 amendments:
s 9 shows amendment entries: Am 2014 No 88, Sch 1.26 [2] [3], and Schedule 2 cl 1 has Am 2014 No 88, Sch 1.26 [9]. s 3 (definitions) also shows 2014 No 88, Sch 1.26 [1].
2017 amendments:
Part 4 Division 3 (ss 30A-30B) and Schedule 5 related to that insertion have annotations Ins 2017 No 7, Sch 1 [1] and Schedule 5 was amended (sch 5: Am 2017 No 7, Sch 1 [2] [3]). Section 38 was substituted in 2017 (s 38: Subst 2017 No 22, Sch 3.70).
Significant substitution/insertions across the Act indicated by repeated annotations "Ins 2020 No 29, Sch 1[...]" or "Subst 2020 No 29, Sch 1[10]". Notable changes:
Part 3 (Venues NSW) was substituted (pt 3: Subst 2020 No 29, Sch 1[10]).
ss 12-21A inclusive show Subst/Ins 2020 No 29 Sch 1[10].
Part 3A (ss 21B-21F) was inserted (Ins 2020 No 29 Sch 1[10]).
Schedule 4A Venues NSW’s land inscription is Ins 2020 No 29, Sch 1[26].
Part 4 divisional changes for Crown land management and divisions 2A and 2B (ss 30AA-30AJ) are Ins 2020 No 29, Sch 1[14], covering the scheduled land and Crown land manager modifications.
s 25A (competition authorisations) was inserted (s 25A: Ins 2020 No 29, Sch 1[11]).
Numerous other clauses have 2020 amendment annotations (e.g. s 26: Am 2020 No 29, Sch 1[12]; s 28: Am 2020 No 29, Sch 1[12]; s 29: Am 2020 No 29, Sch 1[12]; s 30: Am 2020 No 29, Sch 1[13]; s 37: Am 2020 No 29, Sch 1[19]-[21]; s 40: Am 2020 No 29, Sch 1[22]-[24]; Schedule 5: Am 2020 No 29, Sch 1[27]).
2024 amendment:
Schedule 1 indicates an amendment: Am 2024 No 35, Sch 3.12 (Schedule 1 header).
Other historical repeals and insertions:
Parts and sections have been repealed over time (for example, pt 3 substituted in 2020 and various earlier repeals recorded in marginal notes). The Schedule and clause-level marginal annotations in the provided text identify dates and legislative instruments for insertions, substitutions, and repeals; those are the only amendment references contained in the source.
The Act’s source annotations show a stepped legislative evolution, with a major reconstitution of Venues NSW in 2020 (substitution of Part 3 and creation of Part 3A), earlier 2017 insertions (Stadium Australia transfers), and phased transitional machinery recorded in Schedule 5 across 2009-2020. Users should consult the marginal notes in the official consolidated text for precise chronology and the cited amending Act numbers when tracing legislative history.
Litigation history
The statutory text and schedules provided do not cite any case law or judicial decisions. The Act itself names no cases and contains no references to judicial determinations. There is therefore no litigation history contained in the source text to summarise.
Practitioners should note that the Act creates many points at which disputes may arise (for example, the scope of Ministerial approvals under ss 30AD-30AE, the Crown land Manager modifications in s 30AC, or the transfers and non-compensation clauses in s 23 and Schedule 5 cl 28). However, no judicial authorities are cited in the text provided. Any litigation applying or construing these provisions would need to be sourced externally from court databases and is not recorded within this Act text.
Gotchas
This section flags statutory features and friction points that commonly produce practical and legal complications when implementing or advising on the Act. Each point is grounded in the statute.
Automatic vesting and non-compensation
Land and assets identified in Schedule 4 vest automatically in the relevant authority on the transfer date without further conveyance (s 23(1)). Section 25 and Schedule 5 make clear that no compensation is payable in connection with transfers and that transfers are not to be regarded as breaches or events of default under contracts (s 25(1)-(3); Schedule 5 cl 28). Practical consequence: third parties with contractual rights or expectations must manage change in counterparty identity; they will not, under the Act, be entitled to compensation merely because ownership changed. Verify whether any instrument contains protections not overridden by the Act (the Act preserves trusts, estates, interests and conditions specified in s 23(1)(b) and s 23(2)(a)-(c)).
Ministerial concentration of decision-making
The Minister controls and directs Venues NSW and is responsible for the State Sporting Venues Authority’s day-to-day management (s 14; s 6). Venues NSW requires Ministerial consent for land dealings (s 26(2)), and the Minister can vary or determine agreements relating to scheduled lands after a Venues NSW report (s 30AG(1)-(4)). Practical consequence: operational and commercial decisions that might be expected to sit with a board or CEO are subject to Ministerial oversight and discretion, which can slow decision-making or institute political discretion into commercial arrangements.
Carve-outs from planning and local government law
The Minister can approve development on designated land and, for approved development, the Environmental Planning and Assessment Act 1979 and Local Government Act 1993 do not apply to the approval or carrying out of the approved development (ss 30AD-30AE). Implementation risk: this creates a non-standard planning pathway. The approval must certify consultation with other Ministers (s 30AD(2)), and s 30AD is repealed 12 months after its commencement (s 30AD(3)), so temporary or time-limited mechanisms can limit long-term certainty.
Crown land manager carve-outs and restrictions
Venues NSW is appointed Crown land manager for scheduled lands with express modifications to the Crown Land Management Act 2016, including that the appointment cannot be revoked and a list of Crown Land Act provisions do not apply (s 30AC(2)(a)-(g)). Additionally, the dedication of scheduled lands cannot be changed except by Act of Parliament (s 30AJ). Practical consequence: the usual administrative review and revocation routes under Crown land law may be unavailable, concentrating permanent control in Venues NSW and Parliament.
Use restrictions that may restrict redevelopment options
Section 30AI forbids residential accommodation on Venues NSW land other than controlled land, and forbids tourist and visitor accommodation on Venues NSW land other than designated land (s 30AI(1)(a)-(b)). This creates a statutory constraint on certain commercial conversions absent change in land classification.
Competition law authorisations
Sections 25A and 30B authorise conduct that would otherwise contravene Part IV of the Competition and Consumer Act 2010 only to the extent necessary. Practitioners must carefully circumscribe any conduct relying on those authorisations and verify the statue-limited scope; the authorisation applies "only to the extent (if any) it would otherwise contravene" (s 25A(2); s 30B(2)). The term "prescribed arrangement" in s 30B is narrowly defined and applies to arrangements to which Venues NSW is a party because of s 30A.
Private subsidiaries not Crown
Private subsidiary corporations formed or used to exercise functions are explicitly not the Crown (s 11(3); s 21(2)). Commercial counterparties must therefore treat these entities as separate private corporations with corporate law consequences. However, functions and assets may pass through them (s 10), creating hybrid structures that can complicate liability and procurement analysis.
Liability protections and Crown assumption for advisory committees
Membership advisory committee members are not personally liable for acts done in good faith; the liability instead attaches to the Crown (s 21E(5)-(6)). In contrast, other advisory committee members are unpaid and do not receive the same explicit Crown indemnity (s 21C(3)). Advisers and committees should check whether their role is a membership advisory committee to understand liability exposure.
Employee transfers and Commonwealth law
Employee transfers are protected under Schedule 5 cl 34-35, preserving continuity and accrued entitlements. However, Schedule 5 cl 36 limits these provisions where inconsistent with the Fair Work Act 2009. A transferred employee remains subject to Commonwealth industrial law where applicable. Employers must ensure compliance with federal workplace law in post-transfer arrangements.
Regulatory re-issuance and administrative friction
Schedule 5 cl 33 requires regulatory bodies to re-issue transferred regulatory authorisations on request and without charge. Yet the administering Minister’s consent is required before regulations can be made to modify application of relevant state legislation (Schedule 5 cl 33(3)-(4)). Practically, coordinating re-issuance across multiple regulatory bodies may create administrative delays even if the Act requires re-issue.
Many key powers are to be implemented by regulation
The Act delegates many operational rules to the regulations (s 40). This places a considerable compliance burden on affected parties to monitor the content of the regulations and any subsequent amendments. The regulations will determine admission charges, membership fees, enforcement procedures, trading rules, parking, and closures (s 40(1)(c), (g), (h), (i)).
Finality of certain administrative determinations
Some administrative determinations, for example the Returning Officer’s determination of ballot formality in Schedule 3 cl 20(4), are final. Election disputes may therefore have limited administrative appeal routes and could require judicial review depending on context.
Advising clients requires careful cross-referencing of the Act’s land schedules, the scope of Ministerial consents, and the content of relevant regulations and certificates. The Act places practical discretion in Ministerial and Board hands and creates a mixed legal environment of statutory vesting, regulatory exemptions, and delegated regulation that must be navigated transactionally.
How to comply
This section sets out practical steps and checklists tied to the statutory requirements and mechanisms in the Act. It is organised by the primary actors and common compliance tasks.
For Venues NSW and the State Sporting Venues Authority (corporate managers)
Establish governance consistent with statutory rules:
Ensure the Board is constituted as provided in s 15 and Schedule 1: appoint chair, deputy and required categories of members; observe term limits (Schedule 1 cl 2) and disclosure obligations (Schedule 1 cl 10). Record meeting procedures, quorums and voting rules (Schedule 1 cl 13-16).
Ministerial consent for land dealings:
Obtain Ministerial consent for any sale, lease, exchange or other disposal of land vested in Venues NSW (s 26(2)). For property held subject to conditions from gifts or bequests, obtain the Minister’s consent where required (s 28(3)-(4)). Document Ministerial consents, and track any conditions imposed under s 35.
Asset management and environmental compliance:
Implement and document asset management plans and demonstrate attempts to ensure development accords with environmental and planning laws as required by the functions (s 9(1)(g); s 19(1)(j)). For scheduled and designated lands, follow the Crown land manager obligations under s 30AC and the State environmental planning policy links under s 30AF.
Use and admission rules:
Publish and enforce admission charges, membership rules and conditions for access consistent with regulations made under s 40(1)(c), (c1), (d). Regulations may prescribe types of admission offences and penalties; ensure staff, rangers and authorised officers are trained to enforce these rules.
Delegations and private subsidiaries:
Maintain written delegations for functions under ss 7 and 20. If exercising functions through private subsidiaries or joint ventures (ss 10, 21A), ensure corporate separateness is maintained and document the scope of authority delegated to private entities, noting that private subsidiaries are not the Crown (s 11(3); s 21(2)).
Regulatory authorisations and licences:
For existing regulatory authorisations that transfer under Schedule 5, cl 33, proactively request re-issuance in the name of reconstituted Venues NSW where applicable and ensure any required modifications are discussed with the administering Minister as required by Schedule 5 cl 33(4)-(6).
For Board members and the Chief Executive Officer
Disclosure and conflicts:
Disclose direct or indirect pecuniary interests at Board meetings as soon as facts are known and follow the Board’s procedures for dealing with conflict (Schedule 1 cl 10). Keep a register and make it available for inspection as required.
Personal liability and indemnity:
Understand the scope of Crown liability protections for protected persons: Schedule 1 cl 12 protects persons acting in good faith; membership advisory committee members have Crown liability fall-back under s 21E(5)-(6). Ensure decisions are documented and taken in good faith and for statutory purposes.
Staff and rangers:
Appoint and issue identification cards for rangers per s 37(1)-(5). Publish the range of powers rangers are authorised to exercise, ensure training and compliance
private subsidiary corporation means a private corporation in which a sporting venues authority has a controlling interest.
ranger means a person appointed under section 37 to be a ranger.
rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).
scheduled lands means the land described in Schedule 4A, Part 1.
sporting venues authority means the State Sporting Venues Authority or Venues NSW.
State Sporting Venues Authority means the State Sporting Venues Authority constituted under this Act.
Venues NSW means Venues NSW constituted by this Act.
Venues NSW’s land means the land vested in or managed by Venues NSW and includes land described in Schedule 4A.
Note.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
s 3: Am 2011 No 57, Sch 1 [2]; 2014 No 88, Sch 1.26 [1]; 2020 No 29, Sch 1[1]–[3].
3A Objects of Act
3A Objects of Act
3A Objects of Act
The objects of this Act are as follows—
(a) to enable the efficient and effective management and coordination of entertainment and sporting venues within the State on a commercial basis,
(b) to attract and encourage the holding of major events at entertainment and sporting venues within the State,
(c) to facilitate the development of precincts surrounding the entertainment and sporting venues that Venues NSW owns or operates,
(d) to ensure a customer-focused approach is applied to the management of entertainment and sporting venues and surrounding lands so they remain accessible to, and meet the needs of, users of and visitors to the venues and the broader community,
(e) to ensure the provision of entertainment and sporting venues fulfils community service obligations that may be determined by the Minister from time to time.
s 3A: Ins 2020 No 29, Sch 1[4].
Part 2 State Sporting Venues Authority
Part 2 State Sporting Venues Authority
Part 2 State Sporting Venues Authority
Division 1 Constitution and administration of State Sporting Venues Authority
Division 1 Constitution and administration of State Sporting Venues Authority
Division 1 Constitution and administration of State Sporting Venues Authority
4 Constitution of State Sporting Venues Authority
4 Constitution of State Sporting Venues Authority
4 Constitution of State Sporting Venues Authority
There is constituted by this Act a corporation with the corporate name of State Sporting Venues Authority.
5 Status of State Sporting Venues Authority
5 Status of State Sporting Venues Authority
5 Status of State Sporting Venues Authority
The State Sporting Venues Authority is a NSW Government agency.
6 Ministerial control
6 Ministerial control
6 Ministerial control
(1) The Minister is responsible for the day-to-day management of the affairs of the State Sporting Venues Authority.
(2) Any act, matter or thing done in the name of, or on behalf of, the State Sporting Venues Authority by the Minister is taken to have been done by the Authority.
7 Delegation of State Sporting Venues Authority’s functions
7 Delegation of State Sporting Venues Authority’s functions
7 Delegation of State Sporting Venues Authority’s functions
(1) The State Sporting Venues Authority may delegate to an authorised person any of its functions, other than this power of delegation.
(2) A delegate may sub-delegate to an authorised person any function delegated by the State Sporting Venues Authority if the delegate is authorised in writing to do so by the Authority.
(3) In this section, authorised person means—
(a) a member of staff of the State Sporting Venues Authority, or
(b) a government agency or member of staff of a government agency.
(c) (Repealed)
s 7: Am 2020 No 29, Sch 1[5].
8
8 (Repealed)
8
s 8: Rep 2011 No 57, Sch 1 [3].
Division 2 Functions of State Sporting Venues Authority
Division 2 Functions of State Sporting Venues Authority
Division 2 Functions of State Sporting Venues Authority
9 Functions of State Sporting Venues Authority
9 Functions of State Sporting Venues Authority
9 Functions of State Sporting Venues Authority
(1) The principal functions of the State Sporting Venues Authority are as follows—
(a) to maintain and improve the authority’s land,
(b) to establish and manage sporting grounds, sporting facilities and recreational facilities (whether or not on the authority’s land),
(c) to establish and manage facilities for the purposes of sporting competitions, sports training and sports education (whether or not on the authority’s land),
(c1) to establish and manage community facilities and to establish and manage facilities for community and recreational purposes (whether or not on the authority’s land),
(d) to permit the use of the whole or any part of the authority’s land for activities of a sporting, recreational or community nature, including the use of that land for events and general community access,
(e) to encourage the use and enjoyment of the authority’s land by the public and clubs, associations or other bodies, where appropriate in its opinion,
(f) to undertake or provide, or facilitate the undertaking or provision of, commercial and retail activities and facilities on the authority’s land,
(g) to make all reasonable attempts to ensure that any new development carried out on the authority’s land accords with best practice environmental and planning standards,
(h) to ensure that proper asset management plans are in place and are implemented for the authority’s land.
(2) The State Sporting Venues Authority may enter into an arrangement with Venues NSW for Venues NSW to manage any land vested in the State Sporting Venues Authority and to perform any function that the State Sporting Venues Authority has in relation to that land.
(3) The State Sporting Venues Authority may do all such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions, including entering into any contract or arrangement with any person in connection with the carrying out of its functions.
(4) Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the State Sporting Venues Authority to exercise its functions.
Note.
Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the State Sporting Venues Authority makes use of) may be referred to as officers or employees, or members of staff, of the State Sporting Venues Authority. Section 47A of the Constitution Act 1902 precludes the State Sporting Venues Authority from employing staff.
(5) The State Sporting Venues Authority has such other functions as are conferred or imposed on it by or under this or any other Act.
s 9: Am 2014 No 88, Sch 1.26 [2] [3]; 2020 No 29, Sch 1[6] [7].
10 Exercise of functions through private subsidiaries, joint ventures etc
10 Exercise of functions through private subsidiaries, joint ventures etc
10 Exercise of functions through private subsidiaries, joint ventures etc
Any function of the State Sporting Venues Authority may be exercised—
(a) by the Authority itself, or
(b) by a private subsidiary corporation, or
(c) by the Authority or such a private subsidiary corporation, or both, in a partnership, joint venture or other association with other persons or bodies.
s 10: Am 2020 No 29, Sch 1[8].
11 Private subsidiary corporations etc
11 Private subsidiary corporations etc
11 Private subsidiary corporations etc
(1) (Repealed)
(2) The State Sporting Venues Authority may—
(a) form, or participate in the formation of, private corporations, and
(b) acquire interests in private corporations, and
(c) sell or otherwise dispose of interests in private corporations.
(3) A private subsidiary corporation is not, and does not represent, the Crown.
s 11: Am 2020 No 29, Sch 1[9].
Part 3 Venues NSW
Part 3 Venues NSW
Part 3 Venues NSW
pt 3: Subst 2020 No 29, Sch 1[10].
Division 1 Constitution and administration of Venues NSW
Division 1 Constitution and administration of Venues NSW
Division 1 Constitution and administration of Venues NSW
pt 3, div 1: Subst 2020 No 29, Sch 1[10].
12 Constitution of Venues NSW
12 Constitution of Venues NSW
12 Constitution of Venues NSW
There is constituted by this Act a corporation with the corporate name of Venues NSW.
s 12: Subst 2020 No 29, Sch 1[10].
13 Status of Venues NSW
13 Status of Venues NSW
13 Status of Venues NSW
Venues NSW is a NSW Government agency.
s 13: Subst 2020 No 29, Sch 1[10].
14 Ministerial control
14 Ministerial control
14 Ministerial control
Venues NSW is subject to the control and direction of the Minister in the exercise of its functions.
s 14: Am 2011 No 57, Sch 1 [4] [5]. Subst 2020 No 29, Sch 1[10].
15 Board of Venues NSW
15 Board of Venues NSW
15 Board of Venues NSW
(1) There is to be a Board of Venues NSW.
(2) The Board of Venues NSW is to consist of the following members appointed by the Minister—
(a) 1 person appointed by the Minister as the Chairperson of the Board,
(b) 1 person appointed by the Minister as the Deputy Chairperson of the Board,
(c) 1 person who is a Public Service senior executive within the meaning of the Government Sector Employment Act 2013,
(d) 1 person who resides in the Hunter Region,
(e) 1 person who resides in the Wollongong Region,
(f) at least 6, but not more than 8, other persons.
(3) The Board of Venues NSW is responsible for the major sporting facilities in NSW and in particular, the unique heritage and historical role of the Sydney Cricket Ground (since 1854), Sydney Cricket Ground Trust (since 1875) and Sydney Cricket and Sports Ground Trust (since 1952) in the sporting and civic life of the State, when, at various times, the SCG has been the primary home of—
(a) Cricket: Inter-colonial, Test Match, Sheffield Shield and limited-over international and domestic;
(b) Rugby League;
(c) Rugby Union;
(d) Soccer/Football;
(e) Australian Football;
(f) Cycling;
(g) Baseball; and
(h) Athletics, hosting the 1938 Empire Games.
And home to military recruitment and barracks during World Wars One and Two; also served as the principal location for the 1901 Australian Federation celebrations; and through the work of the SCG Trust, contributed heavily to charitable and civic-minded causes in NSW.
Note.
Schedule 1 sets out provisions relating to the members and procedure of the Board of Venues NSW.
s 15: Subst 2020 No 29, Sch 1[10].
16 Chief Executive Officer of Venues NSW
16 Chief Executive Officer of Venues NSW
16 Chief Executive Officer of Venues NSW
(1) The Minister may, in consultation with the Board of Venues NSW, appoint a Chief Executive Officer of Venues NSW.
(2) The Chief Executive Officer is responsible for the day-to-day management of the affairs of Venues NSW in accordance with the policies and general directions of the Board of Venues NSW.
(3) Any act, matter or thing done in the name of, or on behalf of, Venues NSW by the Chief Executive Officer is taken to have been done by Venues NSW.
(4) The Chief Executive Officer may attend, and participate in discussions at, meetings of the Board of Venues NSW unless otherwise directed by the Board, but is not entitled to vote at the meetings.
Note.
Schedule 2 sets out further provisions relating to the Chief Executive Officer.
s 16: Am 2009 No 56, Sch 4.63 [1]. Subst 2020 No 29, Sch 1[10].
17 Staff of Venues NSW
17 Staff of Venues NSW
17 Staff of Venues NSW
Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable Venues NSW to exercise its functions.
Note.
Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services Venues NSW makes use of) may be referred to as officers or employees, or members of staff, of Venues NSW. Section 47A of the Constitution Act 1902 precludes Venues NSW from employing staff.
s 17: Am 2009 No 56, Sch 4.63 [1]. Subst 2020 No 29, Sch 1[10].
18 Holder of office not affected by appointment to Venues NSW or its Board
18 Holder of office not affected by appointment to Venues NSW or its Board
18 Holder of office not affected by appointment to Venues NSW or its Board
(1) The doctrine of incompatibility of office—
(a) does not operate to prevent the holder of a position in a government sector agency (the original position) from being appointed to a position in Venues NSW or on its Board (th
This is an opening excerpt, not the complete document.