The Dawning of a New Time - MusicNSW

Live Music Legislation has been on State Government agenda for some time. Now places that supply public entertainment get to experience the first positive changes in legislation that controls the live music industry as the new State Environmental Planning Policy commences.

This legislation was gazetted on September 28 and commenced on 26 October 2007. It supersedes the previous legislation covering Place of Public Entertainment Licences required by venues.

These new provisions are intended to encourage the staging of more live entertainment, with two of the stated aims being the “promotion and creation of jobs in public entertainment” and “increasing access for members of the public to entertainment”. We now have legislative recognition to develop this industry – a big reason to cheer!

The new framework for POPE includes:

• an Exempt Category that allows for low impact music activities, as a POPE in a tent or marquee as part of a community event to be exempt from requiring development consent in some circumstances;

• a Complying Development category for some medium impact entertainment activities (provided a number of requirements are met). This certificate will involve a simple tick box compliance process with a turn around time of 7 days (unless the applicant agrees to a longer time);

• for other POPEs that do not meet the criteria to be complying development, then a development application (usually lodged with council) will be required.

The certificates can be administered through local councils, or through private certifiers. At present a Practice Note on the changes is being developed by the Department of Planning to ensure that all compliance officers, private certifiers and operators are aware of this change in policy. The Department of Planning has prepared a Fact Sheet that explains how the policy works. This can be found on the Department of Plannings website at then go to – The planning system / Legislation and planning instruments / List of State Policies / State Environmental Planning Policies.
MusicNSW will have further fact sheets available on our website and our VROOM site shortly.

In the mean time should you require any information please feel free to contact us here at MusicNSW 969997906.