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
WORKING WITH GOVERNMENTS
Understanding Bureaucracy and
Red Tape!
Australian Event Symposium November 2015
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Garry O’Dell
PhD Candidate (Leisure & Tourism)
Faculty of Business and Law
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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
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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.
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These events are diverse.
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For Governments events are important.
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“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.
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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
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In all states and
territories there are
many more Major
Events rules
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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
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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
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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”.
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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)
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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?
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Not everyone likes Events!
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Research Focus
People like events.
Governments want to control
land use.
Regulations are made.
Bureaucrats make regulations.
Bureaucrats determine which
events proceed.
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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
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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.
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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?
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Event assessment involves a diversity of
Council staff.
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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.
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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?
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Hunter Region – a Case Study
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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
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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.
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Local Government Role Conflicts
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SITE OWNER ORGANISER
ASSESSOR
DECISION MAKER
EVENT PROPOSAL DECISION
Private
Government
Agencies – Forests,
National ParksLocal
Government
Government
Agencies – tourism
Preliminary Themes
Dollars versus Discomfort.
Compete not Cooperate.
Council knows best.
Too much confusion.
It is too hard - go elsewhere
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Thank YouAustralian Event Symposium November 2015
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