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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

Aus Event Symposium 18112015 reduced

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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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Australian Event Symposium November 2015

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Hunter Wine

Country Tourism

Board

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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

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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

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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

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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

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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

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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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