Guidelines for Dance Parties - Division of Local Government - NSW ...

Guidelines for Dance PartiesLEGAL ISSUES AFTER A DANCE PARTY HAS ENDEDThe Environmental Planning & Assessment ActAction may be taken under the EP&A Act if a dance party has been held which breached theplanning laws.This could happen if:◆the party failed to stay within the existing conditions of consent◆consent for the party was required but not obtained◆the party was prohibited in the zone in which it was held◆a person on whom an order was served failed to comply with the order.Under section 123, any person can take legal action in the Land and Environment Court for abreach of the EP&A Act. For example, they might apply for an Orders to fix any environmentaldamage caused by an unauthorised dance party.Under section 125 of the EP&A Act, only a Council or persons specified under the Act orRegulation can bring a prosecution for an offence under the Act. This could be for failure toobtain consent, non-compliance with the terms of the consent, or non-compliance with theterms of an order. Fines of up to $110,000 can be awarded by the Land and Environment Courtin such cases. These offences can also be prosecuted in the Local Court where the maximumpenalty is $11,000.The Local Government ActFailure to get an approval needed under section 68 , which sets out what activities require anapproval, is an offence under the LG Act. Offences under Section 626 (failure to obtain approval),Section 627 (failure to comply with approval) and Section 628 (failure to comply with an Order)all carry penalties of up to $5,500 or $11,000 for a corporation.39