1.1. These Terms and Conditions apply to all temporary events.
1.2. By submitting the Temporary event application (Application), You acknowledge and agree that:
a) these Terms and Conditions form a legally binding agreement between You and Sutherland Shire Council (Council) and
b) You will comply at all times with these Terms and Conditions in relation to Your proposed event (Event).
1.3. You must ensure that Your staff, agents and subcontractors are aware of and comply with these terms and conditions.
2.1. You must submit Your Application:
a) at least 8 weeks prior to the commencement date of Your Event or
b) at least 16 weeks prior to the Event commencement date, if the Event requires road closure.
2.2. You must provide all required information, site plans, management plans, risk assessment and safety checklists, certificates of insurance and other documentation when submitting the Application.
2.3. By submitting Your Application, You warrant that the information and documents provided in Your Application are true and correct.
2.4. Council may not consider Your Application if it is made outside of the applicable timeframe or no sufficient information/documentation is provided when submitting the Application. Council reserves its right to request further information/documentation, if required to process Your Application.
2.5. Following the submission of the Application, Council may issue a Permit to You setting out more specific Terms and Conditions which apply to Your Event. Final approval for You to conduct Your Event is conditional upon You agreeing to those additional Terms and Conditions, and Your compliance with any reasonable direction of Council in relation to Your Event. Those additional Terms and Conditions will form part of this legally binding agreement with You (Agreement)
2.6. You are not permitted to conduct an Event without a written Permit issued by Council. To avoid doubt, submission of Your Application does not constitute the final approval for You to conduct Your Event and Council may accept or reject Your application at its complete discretion.
3.1. You acknowledge and agree that:
a) the Permit is for the use specified by Council and not for any other purpose
b) the Permit is restricted to any area designated by Council (Location) and any specified days and times of use (including bump in and bump out dates)
c) Council may vary the Location and/or operating hours at Council’s complete discretion
d) the Permit is not transferrable by You to any other person, unless permitted in writing by Council
e) the Permit does not confer upon You rights to exclusive possession of the Location, nor does it create a lease
f) You must keep a hard copy of the Permit at the Location during Your Event and make it available for inspection on demand by a Council representative or other authorities
g) Emergency services representatives and Council representatives (acting within the scope of their employment) have the right to access Your Event at any time
h) You will, and will ensure that all persons attending Your Event comply with any reasonable directions given by Council representatives
i) When using the Location, You and Your staff, agents and subcontractors will do that at Your own risk. Council does not warrant or represent that the Location is suitable or adequate for Your Event
j) You must secure and insure Your own property (and any property of a third party) against all risks posed by Your Event as Council will not accept responsibility for the security, control or safety of that property
k) You accept full responsibility for activities undertaken at Your Event and for ensuring acceptable risk management techniques are in place so as not to cause injury or damage to any persons
l) You will complete the risk assessment for the duration of Your Event, including the bump in and bump out dates and provide a copy of it to Council prior to the Event
m) You will ensure that no damage is caused to the area within which Your Event is held, or to any property or infrastructure located within that area. If Council considers that any such damage has been caused as a result of Your Event, Council may (with or without notice to You) perform any work necessary to repair that damage and the reasonable amounts incurred by Council for doing so will be deducted from the bond and/or as a debt due to Council
n) You will ensure members of the general public are not adversely affected by the Event
o) You will arrange for qualified first aid attendants to be present at the Location during the Event as directed by Council.
4.1. You will ensure members of the general public are not adversely affected by your Event.
4.2. You must notify any residents and businesses within the vicinity of the location and/or who may be in any way affected by Your Event (e,g, noise, traffic, road closures etc. ).Your notification letter must include details and conditions of the Event and provide a contact name, phone number and address for the Event’s representative. You must provide Your proposed notification letter to Council for approval.
4.3. The notification letters should be delivered in time for people to make further inquiries.
4.4. You must also notify the following authorities about the Event:
a) NSW Police - Sutherland P.A.C. - (02) 9542 0899
b) NSW Fire & Rescue - email@example.com / (02) 9265 2999.
5.1. You must ensure that Your Event complies, and all attendees at Your Event comply, at all times with all applicable laws (including but not limited to health and safety, liquor and environmental nuisance laws) as well as orders, regulations, directions, by-laws, ordinances, applicable industry safety practices (especially in relation to special effects, stunts etc).
5.2. You are responsible for ensuring that Your staff, agents and subcontractors carry out any activities for the purpose of the Event safely and in accordance with all legislative requirements including those pursuant to the Work Health and Safety Act 2011 (NSW) and the Work Health and Safety Regulation 2011 (NSW).
5.3. If You use temporary food premises (e.g. food stalls, food trucks) for Your Event, You must ensure that they comply with the Food Act 2003, the Food Regulation 2015 and the NSW Food Authority Guidelines for food businesses at temporary events.
5.4. If alcohol is to be sold or consumed (but not sold) at the Event, You must provide a copy of the applicable liquor licence and other relevant information, including an alcohol management plan, when submitting Your Application.
6.1. All portable electrical appliances and leads brought into the Location must have current service test tags.
6.2. If You require access to Council controlled electrical facilities, Council may provide You with such access. A separate electricity access fee will apply.
6.3. Council may impose in the Permit restrictions on the use of Council controlled electrical facilities, generators or other electrical appliances.
7.1. If You require additional public toilet facilities, a separate fee may apply.
7.2. All waste generated at Your Event must be disposed of on a daily basis as well as on the day following the conclusion of Your Event or as otherwise directed by Council.
7.3. You must provide sufficient bins for the Event as directed by Council.
7.4. Where Council provides bins for Your Event, these must be returned to the initial pick-up point as soon as possible after Your Event (or such other place as agreed to by You and Council). If such bins are not returned within 2 business days of Your Event, Council may recover from You the reasonable costs payable by Council for replacing those bins from the bond and/or as a debt due to Council.
7.5. You must ensure that the Location and any adjoining area is left in a clean and tidy condition after it has been used for Your Event. If the Event area is left in a condition which Council considers is not clean and tidy (acting reasonably) and Council chooses to restore the Location and the adjoining area to a clean and tidy condition (which it may do with or without notice to You) the amount reasonably incurred by Council in doing so will be deducted from the bond and/or as a debt due to Council.
8.1. Temporary structures, including but not limited to tents, marquees, stages, stands, scaffolding, stalls or food trucks, must be erected and secured in accordance with manufacturers / structural specifications to ensure they are structurally sound and can withstand inclement weather conditions and any required load placed on them, if applicable.
8.2. You must provide a certification by a practising structural engineer for the temporary structures such as stages and scaffolding.
8.3. Temporary structures are not to be loaded in excess of the loadings recommended by the supplier and/or manufacturer.
8.4. Temporary structures are to be weighted, not staked, to secure and prevent damage to subsurface irrigation and park asset surfaces.
9.1. If You use amusement devices, You must ensure that the amusement devices comply with the Work and Safety Regulation (NSW) 2011 and that the person/company who hires the amusement devices have the appropriate public liability insurance cover for the value of at least $20 million and up to date service logbooks.
10.1. You and Your staff/agents must comply with Council's noise restrictions provided on Council's website Council's website and any additional restrictions imposed in the Permit.
10.2. If amplified noise is to be used at the Event, You and Your staff/agents must observe the relevant laws and guidelines. More information about noise-related regulation is available from NSW EPA.
11.1. You will ensure that all emergency vehicle access routes, including helipads, remain unobstructed at all times during Your Event.
11.2. You must consider access needs of people with disabilities and take all reasonable steps to ensure suitable access is provided to them.
11.3. Vehicles are not permitted within Council parks without Council’s written permission.
11.4. If You require vehicles (including small trucks) and/or machinery to have access to the Location, You must provide a site specific traffic management plan if vehicle movement is complex and You must ensure that they at least:
a) unload and load goods/equipment only approved for the bump in and bump out hours stated on the Application
b) are escorted through the park/open space area
c) do not exceed walking pace
d) have hazard lights on and remain on paved areas where possible.
11.5. You are responsible for cordoning off these areas and providing the necessary staff/security to monitor vehicle movements within the park/reserve.
11.6. The vehicle access gate must be locked after entering into and exiting out of the Location/park area, if applicable.
11.7. You are responsible for the safekeeping of the gate key and if the key is lost, You will pay the costs associated with the key replacement.
11.8. Council is not liable for any loss or damage caused to vehicles and/or machinery left at the Location/park area.
12.1. Parking is permitted on paved areas only in accordance with the Road Rules 2014 and associated legislation and under no circumstances vehicles can:
a) block roads, pathways and driveways or
b) park on any grass areas, unless permitted in writing by Council.
12.2. If You require additional parking, Council may provide parking passes at Council's discretion.
12.3. If You require parking permits, contact 9710 0891 or firstname.lastname@example.org
12.4. A parking permit will state the vehicles registration number on it therefore it is not transferable.
12.5. A parking permit must be displayed clearly on the dashboard of the vehicles on the passenger's side. Failure to do this may result in penalties being issued.
12.6. Council may impose further parking restrictions to the allocated permit, if Council considers them necessary.
13.1. If You require temporary road or car park closures (full or partial), You must provide Council with the following when submitting the Application:
- traffic management plan
- traffic control plan
- vehicle and pedestrian management plan
- traffic site map
- road occupancy licence, if required.
14.1. If You are conducting, promoting or organising a race, competition, exhibition or any other activity which restricts the availability of navigable waters for normal use by the public, You must provide Council with an aquatic licence from NSW Roads and Maritime when submitting the Application.
14.2. If You require exclusive use of a body of water, You must provide Council with a water safety management plan to Council’s satisfaction when submitting the Application.
14.3. If You require lifeguards services, additional fees may apply.
14.4. Council may dispense from the above requirements if You operate under the Surf Life Saving Australia exemptions.
15.1. If a fireworks display is conducted at the Event, You have to provide the details of the licenced operator supplying the fireworks and the relevant documents when submitting the Application, including:
- Safe Work Notification issued under the NSW Explosives Act
- Pyrotechnic certificate of currency for liability insurance
- Job Safety and Environmental Analysis
- Current Safework licences
- Workers Compensation Insurance
- Draft of the Neighbour Notification pamphlet to be distributed to residents within a 500m radius of the event.
15.2. You must notify the relevant authorities in line with clause 4.
16.1. Pre-event promotional marketing for Your Event must not be undertaken until the Permit is issued.
16.2. You must inform Council what promotional channels You intend to use to promote the Event.
16.3. If You intend to erect any banners/signs around the Sutherland Shire leading up to the Event, Council approval is required. Email email@example.com stating the preferred banner location.
16.4. Your booking reference number must be displayed on the bottom right hand corner of Your banner/sign before installing it. Banner guidelines - PDF - 13711 KB must be adhered to.
16.5. Permission must be obtained from the owner of the property prior to displaying signage. This includes Council's property, if applicable.
16.6. Unauthorised display of advertising materials may result in the signs being confiscated. Penalties may also apply.
17.1. If this event has stallholders / food trucks Council recommends the following sustainable considerations:
- use recycling facilities
- use recyclable catering material e.g. plates, cups, cutlery
- use napkins instead of plates
- recycle cooking oil
- limit the amount of single serve products such as sauces, sugars, salt, and milk by using bowls, jugs, bottles and shakers
- minimise the number of show bags, balloons and handouts, and use sustainable giveaways
- use gas powered cooking & heating equipment. Turn off when not in use
- use locally grown, seasonal produce
- provide sustainable seafood
- promote Fair Trade products.
18.1. You must pay all fees required by Council in order to conduct Your Event. The fees will be calculated based on Council's current schedule of fees and charges.
18.2. A refundable bond or deposit (as notified to You by Council) may be payable by You in order to conduct Your Event.
18.3. All payments, including bonds or deposit, relevant to Your Event must be paid to Council at least 7 days prior to the commencement date of Your Event (or such other time as notified to You by Council). If payment is not received by that time, Council reserves its right to cancel or to not approve Your Event (as applicable) and will not incur any liability to You for doing so.
18.4. Power and water usage may be deducted from the bond following the Event.
18.5. Bond monies held by Council will be returned to You once Council is satisfied that all Terms and Conditions relevant to Your Event have been complied with (minus any reasonable amounts necessary to rectify any breach by You of Your obligations under those Terms and Conditions).
18.6. In-kind services may be provided to You by Council upon request and at Council's complete discretion.
19.1. You must maintain the following insurance policies during the Event and provide Council with a certificate of currency upon request for:
- public liability for a minimum of $20 million
- product liability (if applicable) for a minimum of $10 million
- professional indemnity (if applicable) for a minimum of $5 million
- motor vehicle insurance for any vehicle used in relation to the Event
- workers compensation
- any other insurance specified in the Permit or otherwise required.
19.2. You must inform Council immediately and in writing. of any Occurrence that may give rise to any claim being made under any insurance policy which relates in any way to Your Event.
19.3. You agree to release and indemnify Council and its staff, agents and subcontractors against any claim, loss, liability, costs and expense (including legal fees) arising from, or in any way connected with Your Event in relations to:
- any loss, injury or death
- any loss or damage to property
- any accident, neglect, or deliberate or careless act of You, Your staff, contractors or agents; or Breach of this Agreement by Your staff, contractors or agents.
- Breach of this Agreement by Your staff, contractors or agents or Rearrangement and/or cancellation of the Event due to the circumstances beyond Council’s control as set out in clause 20.2, noting that clause 20.3 still applies.
19.4. Your liability to indemnify and release Council will be reduced proportionally to the extent that any unlawful, wilful or negligent act or omission of Council directly contributed to the injury, damage or loss suffered by You.
19.5. This indemnity will survive any termination or completion of this Agreement.
20.1. Council may immediately cancel this Agreement if:
a) You breach any material provision of this Agreement and that breach is not rectified to Council's satisfaction
b) You become bankrupt or insolvent or enter into a scheme or arrangement with Your creditors.
20.2. Your Event may be subject to rearrangement, including cancellation, at the complete discretion of Council in the case of unforeseen circumstances beyond the control of Council. Such circumstances include inclement weather or force majeure conditions such as, without limitation, an act of God, war, epidemic, pandemic, unlawful act against public order or authority, an industrial dispute or a governmental restraint). Council will endeavour to notify You of any such decision in writing as soon as practicable.
20.3. If Council cancels Your Event for a reason other than the reasons noted in clause 20.1, Council will refund any monies that it has received from You.
20.4. If You cancel Your Event less than 7 days before the commencement date of the Event, Council may retain some monies paid by You to Council. Any bond monies held in relation to the Event will be refunded. A notice of cancellation should be emailed to firstname.lastname@example.org.
20.5. Subject to clauses 20.3 and 20.4 of these Terms and Conditions, You will have no right to a refund of monies paid by You to Council. To avoid doubt, inclement weather (or the chance of inclement weather) or Your change of mind to not conduct the Event within 7 days of the commencement date of the Event is not a circumstance for a refund.
21.1. Each party and its staff and agents must not without the prior written consent of the other party disclose any information in connection with this Agreement to any person not a party to this Agreement other than:
a) as necessary to perform its obligations
b) with respect to any matter already within public knowledge or
c) when required by law to do so.
22.1. You acknowledges and agree (if You are not a natural person, on behalf of Your representatives whose personal information is provided to Council (Your Representatives)), that:
a) Council’s Privacy Management Plan - PDF - 195 KB contains important information about how Council will handle any personal information which it collects and other information required to be disclosed by Council to individuals whose personal information it collects under the Privacy Act 1988 (Cth);
b) You and Your Representatives should read Council’s Privacy Management Plan before providing any personal information to Council; and
c) by providing personal information to Council, You and Your Representative agree to Council’s Privacy Management Plan.
23.1. In the event of any inconsistency, any additional Terms and Conditions specified by Council in the Permit issued to You take precedence over these Standard Terms and Conditions.
23.2. If a provision of the Terms and Conditions governing this Agreement is declared by a Court as being void or unenforceable, that provision must be read down to the extent necessary for these Terms and Conditions to remain in force.
24.1. The Agreement between You and Council may be varied if agreed by the parties in writing.
25.1. The laws applicable in New South Wales govern this Agreement.
25.2. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
Business and Community Team