Industry Alert – Changes to the Regulation of Music Festivals
The NSW Government has announced changes to galvanise the Australian music festival scene, targeting new safety measures and financial viability.
As summer approaches and the music festival season begins, the NSW Government has announced changes to the industry’s regulation with the aim of bolstering safety and improving financial viability. With the Music Festivals Act 2019 (NSW) (the Act) legislated with the aim to secure the safety of festival goers, Liquor and Gaming NSW had brought forward a review of its effectiveness, which was handed down in September this year (the Review).
In general, festival organisers can expect a more favourable regulatory environment, particularly if they share the government’s willingness to deliver more diverse and all-aged events.
The Review noted stakeholders’ consensus indicated that the regulatory framework has significant impact on the viability of festivals’ operation, and that it was out of step with other states while only partially serving the intended purpose to create safer events.
As welcome news to the industry, the announcement that music festivals will have access to two years of emergency funding assistance with an initial $3 million allocation is a sign of the State Government’s increasing effort to diversify amore vibrant entertainment offering in NSW.
As the latest part of the Liquor Industry to be aligned with the State ‘s vision for amore vibrant and safe entertainment industry, the Government has introduced amendments to the Act to Parliament to improve the regulatory framework for music festivals in time for the summer festival season.
The key changes to the Act are set to include:
- explicit objectives in the Act which focus on Government supporting the festival sector
- removing the ‘subject’ festival designation from the Act
- replacing the Safety Management Plan with a Health and Medical Plan (HMP) that only relates to health and medical matters
- Liquor and Gaming NSW becoming the key decision maker on advice from NSW Health and NSW Police
- limiting the Independent Liquor & Gaming Authority's role to considering an appeal from a festival organiser of the requirement to have its HMP agreed by NSW Health
- requiring all music festivals to operate with an HMP, with only certain festivals requiring the contents of their HMP to be agreed by NSW Health
- encouraging more all ages events through new legislative measures relating to liquor licences at music festivals
- retaining the ability for NSW Police to recommend law enforcement and safety measures for a festival for consideration by L&GNSW.
The changes also provide that if Liquor and Gaming NSW determines, under transitional arrangements, your festival does not need an HMP agreed by NSW Health, your own HMP must be developed by 1 March 2025.
A copy of the Review’s final report is available on Liquor and Gaming NSW’s website, viewable through this link here.
