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WORKING WITH GOVERNMENTS
Understanding Bureaucracy and
Red Tape!
Australian Event Symposium November 2015
1
 Garry O’Dell
 PhD Candidate (Leisure & Tourism)
 Faculty of Business and Law
Australian Event Symposium November 2015
2
Hunter Wine
Country Tourism
Board
What happens in this presentation?
Events - A Special
temporary land use.
Why did I bother?
Context and Background
Research Focus
Results so far
Australian Event Symposium November 2015
3
Events in this Research
KEY CHARACTERISTICS
 On or in a space (building, land,
water or air) not primarily intended
for the use/event
 At the end of the event the space
is restored to the pre-use condition.
 Makes the space usable with
temporary facilities such as
marquees, stages, amenities and
food kiosks.
4
These events are diverse.
Australian Event Symposium November 2015
5
For Governments events are important.
Australian Event Symposium November 2015
6
“Events are a great way for visitors to celebrate local
communities, taste NSW’s award-winning produce and
get involved in unique experiences.
Regional events encourage people to holiday in NSW
and contribute to visitor expenditure in the region,”
DNSW Insights News 11 Sept 2015.
Australian Event Symposium November 2015
7
Rules are not the same –
Major Events are special.
“You need to be able to
have legislation that can
make the processes
quicker and more
expeditious and take the
risk out of being able to
hold these events.”
Hon Ian MacDonald
Current Rules in Other States
 Major Sporting Events (Indicia and Images) Protection
Act 2014.
 ACT Major Events Act 2014 4 October 2014
 Queensland Major Events Act 2014.
 Victoria Major Sporting Events Act 2009.
 South Australia Major Events Act 2013
 Western Australia Major Events (Aerial Advertising) Act
2009
 Northern Territory Major Cricket Events Act 2003
Australian Event Symposium November 2015
8
In all states and
territories there are
many more Major
Events rules
Australian Event Symposium November 2015
9
All Events, mega or regional, are important.
 From 2007 to 2008, more than 2850
events across Tasmania, regional areas
of NSW and Victoria.
 Ticket sales and Merchandise estimated
$550 million annually.
 Potential total economic activity of $10
billion plus social and environmental
benefits.
 1300 of these events and festivals in NSW.
Source: Australian Research Council Discovery Project 2005-2008
Reinventing Rural Places - The Extent and Impact of Festivals in Rural and Regional Australia
Australian Event Symposium November 2015
10
Will bureaucracies destroy creativity and
individuality?
• Open Gardens should be regulated!
• Introduction of temporary land use rules
• Mega and Hallmark Events have special rules e.g. State
Planning Policy 38 – Olympic Games, World Rally
Championships Act
Australian Event Symposium November 2015
11
There are limitations on what we know about
events in NSW.
 No coordinated database.
What is held where
 No peak body to lobby for consistency.
 “Commercial in Confidence”
Sorry we cannot tell you anything
 Different definitions.
A community event in NSW is
“a function or event open to the public or a section of the public that is a
ceremony, cultural celebration, exhibition, fete, fair, gathering, market or
sporting event.”
Temporary use has many names : “pop-up”, “temporary urbanism”
“temporary city” ,“inter-while – meanwhile or interim”.
Australian Event Symposium November 2015
12
Governments are part of the problem!
“…there is a significant amount of red tape
at State and Local Government levels to
secure approvals for events and festivals…“
(NSW Visitor Economy Taskforce, 2012, p. 95)
Australian Event Symposium November 2015
13
You will never understand
bureaucracies until you understand that
for bureaucrats procedure is everything
and outcomes are nothing.
Thomas Sowell
Are laws, procedures and
development norms so powerful that
the bureaucrats’ decision is a foregone
conclusion?
Australian Event Symposium November 2015
14
Not everyone likes Events!
Australian Event Symposium November 2015
15
Research Focus
People like events.
Governments want to control
land use.
Regulations are made.
Bureaucrats make regulations.
Bureaucrats determine which
events proceed.
Australian Event Symposium November 2015
16
Context and Background
 Increase in leisure time and discretionary
spending.
 Proliferation of public events and
celebrations.
 Eventification, festivalisation, Urban design
and place making.
 After GFC, temporary uses - a viable
alternative to re-invigorate towns without
major development cost.
 Creating a point of difference – a new
experience
Australian Event Symposium November 2015
17
Australian Event Symposium November 2015
18
 Events types
• Not for Profit
An event held to raise funds or awareness of a not-for-profit organisation or
cause, run by or officially endorsed by a registered not-for-profit body e.g.
charities, public schools.
• Private
An event held with no commercial or personal benefit or gain
• Public
An event held for commercial gain or personal benefit
• Council Run
An event created, organised and funded and/or partnered by Council.
 Increasing number, diversity and locations of events.
 Governments are risk averse and have a permission culture for anything.
Many Issues add to Regulatory Confusion
Current State of Play in NSW
 Majority of Councils have standard Temporary
land use clause.
 Days vary from 12 to 182 annually.
 Process requirements vary based on who owns
the land, number of people and even the
purpose.
 New water zonings require Council approval for
events.
 Exempt and Complying SEPP – Different rules for
filming, private events or Community Events
 NSW Visitor Economy Taskforce - Government
Response Action 28B. Streamline approval
processes and enable long-term Development
Approvals to be obtained for events and festivals.
Australian Event Symposium November 2015
19
What actually happens in NSW?
152 NSW Councils
89 Responses
 How does the events assessment process operate in your council?
 What policies and practices does your council use to regulate
events?
 Who is responsible for the regulation of events in your council?
Australian Event Symposium November 2015
20
Event assessment involves a diversity of
Council staff.
Australian Event Symposium November 2015
21
NSW Councils Responses varied
 Most events are community based and do not require local
government act. approvals
 Events with over 500 attendees which are not exempt development
require assessment under the state planning act
 Generally if the event is on private land it is outside Council control.
 It depends on the nature of the event and which department it falls
under.
 Considering a draft ‘Events’ policy.
 Payment of a development research fee required prior to answering
the questions.
 Due to current resourcing, we are unable to assist you.
Australian Event Symposium November 2015
22
The Starting Point – 3 Key Questions.
1. How does the land use assessment of events work
in NSW Hunter Valley?
2. What are the connections and relationships within
the events assessment process?
3. What influences the decision making for events?
Australian Event Symposium November 2015
23
Hunter Region – a Case Study
Australian Event Symposium November 2015
24
DOCUMENTS, POLICIES AND PRACTICES
 Government Websites
 Event policies, practices and assessment
reports from Hunter Region Councils.
SEMI STRUCTURED INTERVIEWS
 Key informants from state government
agencies and local government
responsible for tourism, planning and
regulation.
 General Managers of Hunter Region
Councils.
 Event operators – commercial, community
and Hunter Region Local government staff
responsible for events.
 Local government event assessors
Events Diversity - Hunter Valley
Australian Event Symposium November 2015
25
Preliminary Outcomes – Hunter Valley
 Local councils only part of the
process
 National Parks control about
22% of the region and now
want to encourage events.
 Forests NSW control significant
lands and also want to
encourage events.
 NSW Crown Land have a
complex process interlinked
with Aboriginal land claims.
Australian Event Symposium November 2015
26
Local Government Role Conflicts
Australian Event Symposium November 2015
27
SITE OWNER ORGANISER
ASSESSOR
DECISION MAKER
EVENT PROPOSAL DECISION
Private
Government
Agencies – Forests,
National Parks
Local
Government
Government
Agencies – tourism
Preliminary Themes
Dollars versus Discomfort.
Compete not Cooperate.
Council knows best.
Too much confusion.
It is too hard - go elsewhere
Australian Event Symposium November 2015
28
Thank You
Australian Event Symposium November 2015
29

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Aus Event Symposium 18112015 reduced

  • 1. WORKING WITH GOVERNMENTS Understanding Bureaucracy and Red Tape! Australian Event Symposium November 2015 1  Garry O’Dell  PhD Candidate (Leisure & Tourism)  Faculty of Business and Law
  • 2. Australian Event Symposium November 2015 2 Hunter Wine Country Tourism Board
  • 3. What happens in this presentation? Events - A Special temporary land use. Why did I bother? Context and Background Research Focus Results so far Australian Event Symposium November 2015 3
  • 4. Events in this Research KEY CHARACTERISTICS  On or in a space (building, land, water or air) not primarily intended for the use/event  At the end of the event the space is restored to the pre-use condition.  Makes the space usable with temporary facilities such as marquees, stages, amenities and food kiosks. 4
  • 5. These events are diverse. Australian Event Symposium November 2015 5
  • 6. For Governments events are important. Australian Event Symposium November 2015 6 “Events are a great way for visitors to celebrate local communities, taste NSW’s award-winning produce and get involved in unique experiences. Regional events encourage people to holiday in NSW and contribute to visitor expenditure in the region,” DNSW Insights News 11 Sept 2015.
  • 7. Australian Event Symposium November 2015 7 Rules are not the same – Major Events are special. “You need to be able to have legislation that can make the processes quicker and more expeditious and take the risk out of being able to hold these events.” Hon Ian MacDonald
  • 8. Current Rules in Other States  Major Sporting Events (Indicia and Images) Protection Act 2014.  ACT Major Events Act 2014 4 October 2014  Queensland Major Events Act 2014.  Victoria Major Sporting Events Act 2009.  South Australia Major Events Act 2013  Western Australia Major Events (Aerial Advertising) Act 2009  Northern Territory Major Cricket Events Act 2003 Australian Event Symposium November 2015 8
  • 9. In all states and territories there are many more Major Events rules Australian Event Symposium November 2015 9
  • 10. All Events, mega or regional, are important.  From 2007 to 2008, more than 2850 events across Tasmania, regional areas of NSW and Victoria.  Ticket sales and Merchandise estimated $550 million annually.  Potential total economic activity of $10 billion plus social and environmental benefits.  1300 of these events and festivals in NSW. Source: Australian Research Council Discovery Project 2005-2008 Reinventing Rural Places - The Extent and Impact of Festivals in Rural and Regional Australia Australian Event Symposium November 2015 10
  • 11. Will bureaucracies destroy creativity and individuality? • Open Gardens should be regulated! • Introduction of temporary land use rules • Mega and Hallmark Events have special rules e.g. State Planning Policy 38 – Olympic Games, World Rally Championships Act Australian Event Symposium November 2015 11
  • 12. There are limitations on what we know about events in NSW.  No coordinated database. What is held where  No peak body to lobby for consistency.  “Commercial in Confidence” Sorry we cannot tell you anything  Different definitions. A community event in NSW is “a function or event open to the public or a section of the public that is a ceremony, cultural celebration, exhibition, fete, fair, gathering, market or sporting event.” Temporary use has many names : “pop-up”, “temporary urbanism” “temporary city” ,“inter-while – meanwhile or interim”. Australian Event Symposium November 2015 12
  • 13. Governments are part of the problem! “…there is a significant amount of red tape at State and Local Government levels to secure approvals for events and festivals…“ (NSW Visitor Economy Taskforce, 2012, p. 95) Australian Event Symposium November 2015 13 You will never understand bureaucracies until you understand that for bureaucrats procedure is everything and outcomes are nothing. Thomas Sowell
  • 14. Are laws, procedures and development norms so powerful that the bureaucrats’ decision is a foregone conclusion? Australian Event Symposium November 2015 14
  • 15. Not everyone likes Events! Australian Event Symposium November 2015 15
  • 16. Research Focus People like events. Governments want to control land use. Regulations are made. Bureaucrats make regulations. Bureaucrats determine which events proceed. Australian Event Symposium November 2015 16
  • 17. Context and Background  Increase in leisure time and discretionary spending.  Proliferation of public events and celebrations.  Eventification, festivalisation, Urban design and place making.  After GFC, temporary uses - a viable alternative to re-invigorate towns without major development cost.  Creating a point of difference – a new experience Australian Event Symposium November 2015 17
  • 18. Australian Event Symposium November 2015 18  Events types • Not for Profit An event held to raise funds or awareness of a not-for-profit organisation or cause, run by or officially endorsed by a registered not-for-profit body e.g. charities, public schools. • Private An event held with no commercial or personal benefit or gain • Public An event held for commercial gain or personal benefit • Council Run An event created, organised and funded and/or partnered by Council.  Increasing number, diversity and locations of events.  Governments are risk averse and have a permission culture for anything. Many Issues add to Regulatory Confusion
  • 19. Current State of Play in NSW  Majority of Councils have standard Temporary land use clause.  Days vary from 12 to 182 annually.  Process requirements vary based on who owns the land, number of people and even the purpose.  New water zonings require Council approval for events.  Exempt and Complying SEPP – Different rules for filming, private events or Community Events  NSW Visitor Economy Taskforce - Government Response Action 28B. Streamline approval processes and enable long-term Development Approvals to be obtained for events and festivals. Australian Event Symposium November 2015 19
  • 20. What actually happens in NSW? 152 NSW Councils 89 Responses  How does the events assessment process operate in your council?  What policies and practices does your council use to regulate events?  Who is responsible for the regulation of events in your council? Australian Event Symposium November 2015 20
  • 21. Event assessment involves a diversity of Council staff. Australian Event Symposium November 2015 21
  • 22. NSW Councils Responses varied  Most events are community based and do not require local government act. approvals  Events with over 500 attendees which are not exempt development require assessment under the state planning act  Generally if the event is on private land it is outside Council control.  It depends on the nature of the event and which department it falls under.  Considering a draft ‘Events’ policy.  Payment of a development research fee required prior to answering the questions.  Due to current resourcing, we are unable to assist you. Australian Event Symposium November 2015 22
  • 23. The Starting Point – 3 Key Questions. 1. How does the land use assessment of events work in NSW Hunter Valley? 2. What are the connections and relationships within the events assessment process? 3. What influences the decision making for events? Australian Event Symposium November 2015 23
  • 24. Hunter Region – a Case Study Australian Event Symposium November 2015 24 DOCUMENTS, POLICIES AND PRACTICES  Government Websites  Event policies, practices and assessment reports from Hunter Region Councils. SEMI STRUCTURED INTERVIEWS  Key informants from state government agencies and local government responsible for tourism, planning and regulation.  General Managers of Hunter Region Councils.  Event operators – commercial, community and Hunter Region Local government staff responsible for events.  Local government event assessors
  • 25. Events Diversity - Hunter Valley Australian Event Symposium November 2015 25
  • 26. Preliminary Outcomes – Hunter Valley  Local councils only part of the process  National Parks control about 22% of the region and now want to encourage events.  Forests NSW control significant lands and also want to encourage events.  NSW Crown Land have a complex process interlinked with Aboriginal land claims. Australian Event Symposium November 2015 26
  • 27. Local Government Role Conflicts Australian Event Symposium November 2015 27 SITE OWNER ORGANISER ASSESSOR DECISION MAKER EVENT PROPOSAL DECISION Private Government Agencies – Forests, National Parks Local Government Government Agencies – tourism
  • 28. Preliminary Themes Dollars versus Discomfort. Compete not Cooperate. Council knows best. Too much confusion. It is too hard - go elsewhere Australian Event Symposium November 2015 28
  • 29. Thank You Australian Event Symposium November 2015 29