Use of public land

Under Section 68 of the NSW Local Government Act 1993, Council is required to run an approvals process for a range of activities undertaken on Council owned or managed land. These events and activities include;

• Outdoor eating
• Movable signage
• Shopfront footpath displays
• Filming and photography
• Skips, hoarding and construction zones
• Mobile food vending, outdoor fitness training and recreational activities
• Fun runs
• Wedding receptions
• Circuses, carnivals and other single events

The definition of event must be consistent with Schedule 2 Exempt Development of the Bega Valley Local Environmental Plan 2013 - NSW Legislation. If not consistent, development consent is required.

For further information including guidelines, timeframes and application forms please refer to the Use of Public Land webpage.

Please visit sporting fields for information on bookings or hire of sportsgrounds

Please visit community halls for information on bookings or hire of community halls

Please contact Customer Service 02 6499 2222 for information on bookings or hire of public reserves for wedding ceremonies.

Before you start your application it is important to note that if your event or activity involves the closure, or part closure, of any Council road you will first need to seek early approval from the Bega Valley Traffic Committee. Please refer to this link for further information on road closure requests and contact details.

If your event includes a road closure of up to 24 hours, please submit your request at least 120 days (4 months) before the event.

If your event or road closure is greater than 24 hours and is a non-complying event, please submit your request at least 150 days (5 months) before the event. *Non-complying event refer to events that require conditions of approval relating to excessive noise, temporary structures or places of public entertainment.

Certain activities may be eligible for a use of public land exemption, these include activities such as busking, electoral signage, guided walks and other passive recreational activities. Providing the activity is consistent with the below definition and specific criteria prescribed by the Use of Public Land Policy, a Use of Public Land application is not required to be submitted to Council.

Terms and definition

• Passive Recreational Activities
  Low impact recreational and leisure activities undertaken on a non-commercial and informal basis and may include fundraising.
• Busking
  An activity carried out by a person who entertains in a public place by playing a musical instrument, dancing, singing, acting, drawing, painting, clowning, juggling, or performing acts of a similar nature whether or not for the intention of receiving donations from members of the public.
• Electoral Signage
  The display of any poster during an election period that contains electoral matter in relation to an election held under the Commonwealth Electoral Act 1918 of the Commonwealth, the Parliamentary Electorates and Elections Act 1912 or the Local Government Act 1993.

Filming is exempt under the Use of Public Land Policy, it is however subject to the 1.05.1 Guidelines to Filming in the Bega Valley Shire.

Please refer to the Film and Video Policy for more information on this policy.

Further information and application forms for Filming and Photography requests can be found on the Filming and photography in the shire webpage.

Mobile food vending and commercial recreation operators are required to seek Council approval to operate on Council owned or managed land. Activities that request exclusive and regular use of a site (or a substantial use of a site - as per Council discretion), will enter into a Tenure Agreement.

Terms and definition

• Mobile Food Vending Vehicle
  A vehicle parking on public land for the purpose of heating, preparing, refrigeration or storage of food for sale for human consumption, with the exception of alcohol during business hours (between the hours of 7:00 am to 7:00 pm). It also includes the direct area in front of the Mobile Food Vending Vehicle where patrons seek the trade.
• Commercial Recreation, Education or Tourism
  The regular (i.e. daily or weekly) use of land or water for commercial gain and can include the sale of items and or the provision of a service related to recreation, education and or tourism activities such as surf schools or equipment hire and the like, but does not include Outdoor Fitness Training.
• Outdoor Fitness Training
  Commercial activities carried out by a trainer providing guidance and instruction of personal fitness activities on public land on a regular basis, such as boxing, tai chi, yoga, boot camp, CrossFit etc.
• Licence
  A contractual agreement that enables the licensee a non-exclusive use for a specified term and purpose.  It does not grant exclusive possession of the land, as is the case with a lease, and may permit the land to be used by other persons.

Please refer to the Use of Public Land Policy to review the specific criteria required before submitting an application to Council.

For application forms, please visit see the form at the bottom of the Use of Public Land webpage.

Movable signage, outdoor dining and shopfront displays on a footpath or public open space requires an application for a Use of Public Land, provided the activity is consistent with Part 2, Division 1, Subdivision 20A of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - NSW Legislation If not consistent, development consent is required.

Please refer to the Use of Public Land Policy to review the specific criteria required before submitting an application to Council.

For application forms, please visit see the form at the bottom of the Use of Public Land webpage.

Temporary signage can be placed over public land without Council approval, provided it complies under Part 2, Division 2 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - NSW Legislation. This includes;

• Internal signs
• Community notice and public information signs
• Temporary event signs (other than music concerts, dance parties or entertainment events that are not for the purpose of fundraising)

Temporary signage proposed over public land for business use or commercial gain is not permitted.

A Section 138 will need to be lodged to complete a Use of Public Land approval. A Section 138 is for carrying out an activity within a Council or RMS road space, including footpaths and road reserves. A Section 138 also applies to works that do not require excavation, digging up or disturbing the surface of a public road or footpath including TCP for cranes, detours of pedestrians and temporarily closing a road or part thereof and erecting a hoarding. Please visit Section 138 Approval for more information.

Section 138 applications can be found via the NSW Planning Portal Section 138 of the Roads Act 1993 | Planning Portal - Department of Planning and Environment Once submitted, this will be assessed by a Council Officer.

Answer coming soon.

Online application forms can be found via the Use of Public Land webpage. Each form must have a completed application checklist along with attached supporting documentation.  Public liability insurance for no less than $20m must be provided with your submission – please ensure Bega Valley Shire Council is named as an interested party to the policy.

For application forms, please visit see the form at the bottom of the Use of Public Land webpage.

An application does not guarantee approval. It is important to plan your event or activity early and ensure adequate time is allowed during the initial stages of planning. If your application does not require road closures, it is generally determined within four weeks.  Applications involving road closures can take four to six months as the Bega Valley Traffic Committee, Council and NSW Police must assess your proposal. 

Note: Insufficient information provided with an application as per this Policy will lengthen any prescribed timeframes for approval. Applications over Council managed Crown land may be subject to delays as Council may be required to notify and consult with various land and external stakeholders.

The fees payable under the Use of Public Land policy will be applied as prescribed under Council’s Adopted fees and charges. All applications will be subject to an application fee, with some users subject to an annual tenure agreement fee or rent.

Community service organisations undertaking activities with the primary purpose of community building shall be exempt from fees. Please refer to the below definitions from the Use of Public Land Policy to determine a fee exemption.

Terms and definitions

• Community Building
  Community building is a field of practices directed toward the creation or enhancement of community between individuals within a regional area (such as a neighbourhood) or with a common interest.
• Community Service Organisation
  A community service organisation (CSO) is a not-for-profit society, association or club established for community service purposes except political or lobbying purposes. For the purposes of this Policy, Council is considered a CSO in relation to community events.