BYRON SHIRE COUNCIL

13.8 - Attachment 5

Schedule of Conditions

Parameters of Consent

1.       Description of Development and Structure of Consent

Consent is limited to the use of the site as a Temporary Place of Assembly (Bluesfest Music Festival) incorporating temporary camping and carparking, and the provision of temporary and permanent infrastructure to facilitate the event. Only the permanent infrastructure specified within this consent shall be retained for ongoing uses beyond those associated with the temporary place of assembly.

This Development Consent is divided into two general (2) parts:

Part A – contains Conditions that are applicable to the permanent infrastructure / site enhancement works as specified within the consent;

Part B – contains Conditions that are applicable to the operation of small medium and large events.

The ‘Parameters of this Consent’, ‘Terms of Integrated Development Approval’ and ‘Notes’ apply to both Parts of the development consent. Conditions nominated within each Part also apply to the development consent as a whole.

2.       Development to be in accordance with approved plans and documentation

The development is to be in accordance with the following plans and documentation, as modified by any conditions of this consent:

Plan No.	Description	Prepared by	Dated:
Site Plan 1	Events DA – Full Site Plan	DMA	4/11/2015
15/049	Bluesfest Event Area’s	Newton Denny Chapelle	13/08/15
01/01	Amenities Building	Alderson and Associates	Undated
1 of 1	Concept trade Waste Disposal and Wash Station	Alderson and Associates	9/10/15
1-11006	Revised Koala Plan of Management 2015	Australian Wetlands Consulting	August 2015

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.

The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

3.   Noise Control Measures

To minimise noise impact from event days at any of the closest residences, with the primary potential noise impact source being amplified music, the following noise control measures are proposed.

a)      Large Event

The noise control measures for a large event are:

i.    not more than 15,000 to 25,000 people on any event day;

ii.    not more than ten event days per calendar year;

iii.   not more than five consecutive event days;

iv.  when a large event includes amplified entertainment, at least two months separating large events;

v.   when a large or medium event includes amplified entertainment, at least one month separating a large event from a medium event;

vi.  residential amplified music noise limit of 55 dB(A) LAeq,15min during the daytime and evening and 50 dB(A) LAeq,15min during the night-time;

vii.  not more than six primary stages with a target noise level front of house for each stage of 95 dB(A) LAeq,15min and 107 dB(C) LCeq,15min giving an effective combined noise level of 103 dB(A) LAeq,15min and 115 dB(C) LCeq,15min;

viii. every primary stage to be located within a marquee/tent;

ix.  primary stage performances (amplified entertainment) not to commence prior to midday;

x.   all amplified entertainment to conclude by midnight;

xi.  large events involving amplified entertainment, eg music festival:

xii.  acoustic consultant conducting residential and front of house noise monitoring for the duration of the large event;

xiii. acoustic consultant liaising with production to ensure that the residential noise limits

xiv.      and front of house target noise levels are complied with;

xv. acoustic consultant responding to any noise complaints received;

xvi.      detailed noise report provided to Byron Shire Council within 30 days of the conclusion of a large event;

xvii.      sound system designed to minimise the spread of the amplified music beyond the audience area, for each primary stage;

xviii.     primary stage locations selected to minimise potential noise impact at any residential location;

xix.      every large event to be advertised in the local newspaper and letterbox drop to local residents.

b)      Medium Event

The noise control measures for a medium event are:

i.    not more than 2,000 to 15,000 people on any event day;

ii.    not more than ten event days per calendar year;

iii.   not more than five consecutive event days;

iv.  when a medium event involves amplified entertainment, at least one month separating medium events;

v.   when a medium or large event involves amplified entertainment, at least one month separating a large event from a medium event;

vi.  residential amplified music noise limit of 55 dB(A) LAeq,15min during the daytime and evening and 50 dB(A) LAeq,15min during the night-time;

vii.  not more than three primary stages with a target noise level front of house for each stage of 95 dB(A) LAeq,15min and 107 dB(C) LCeq,15min giving an effective combined noise level of 100 dB(A) LAeq,15min and 112 dB(C) LCeq,15min;

viii. every primary stage to be located within a marquee/tent;

ix.  primary stage performances (amplified entertainment) not to commence prior to midday;

x.   all amplified entertainment to conclude by midnight;

xi.  medium events involving amplified entertainment, eg music festival:

xii.  acoustic consultant liaising with production to ensure that the residential noise limits and front of house target noise levels are complied with;

xiii. acoustic consultant responding to any noise complaints received;

xiv.     detailed noise report provided to Byron Shire Council within 30 days of the conclusion of a medium event;

xv. sound system designed to minimise the spread of the amplified music beyond the audience area, for each primary stage;

xvi.     primary stage locations selected to minimise potential noise impact at any residential location;

xvii.     every medium event to be advertised in the local newspaper and letterbox drop to local residents.

c)      Small Event

The noise control measures for a small event are:

i.    not more than 2,000 people on any event day;

ii.    not more than ten event days (incorporating amplified music)  per calendar year;

iii.   not more than ninety event days (without amplified music)  per calendar year;

iv.  residential amplified music noise limit of 45 dB(A) LAeq,15min during the daytime and evening and 40 dB(A) LAeq,15min during the night-time;

v.   not more than one primary stage;

vi.  target noise level front of house for the primary stage of 90 dB(A) LAeq,15min, AND target noise level of 105 dB(A) LAeq,15min at 3 metres from the speakers;

vii.  primary stage to be located within a marquee/tent;

viii. primary stage performances not to commence prior to 1000 hours;

ix.  all amplified entertainment to conclude by 10:00pm;

x.   sound system designed to minimise the spread of the amplified music beyond the audience area, for the primary stage;

xi.  primary stage location selected to minimise potential noise impact at any residential location;

xii.  in-house monitoring of amplified music noise levels.

4.       Compliance with the Building Code of Australia

The temporary structures and places of public entertainment for the event must comply with the requirements of Section B, Part B1, and Section H NSW H102 of the Building Code of Australia (BCA) and relevant referenced Australian Standards.

All building work must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificates was made).

5.       Temporary Structures and Place of Public Entertainment

This consent includes approval under State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007 for temporary structures and places of public entertainment. All places of public entertainment and temporary structures (of any use and type) cannot be used by patrons until an occupation certificate has been issued for the event.

Temporary structures and places of public entertainment are to be wholly within the part of the site known as the ‘Festival Area’. No approval is given for any places of public entertainment and temporary structures outside of this area. Patrons occupying the festival area must strictly comply with the hours of operation approved by this consent.

Temporary Structures to be removed from the event site within 7 days of medium and large events and within 2 days of small events completing.

6.        Surrender and Modification of other approvals

Development Consent DA10.2013.128.1 (as amended) to be surrendered in accordance with Section 80A(1)(b) of the Environmental Planning and Assessment Act 1979 prior to the issue of the Construction Certificate under Part A of this consent. 

Development Consent DA10.2008.352.1 (as amended) is to be modified by this consent once this consent is operational with the first event held. Future Easter Blues Festival Events to operate in accordance with this Development Consent following that first event.    

7.        Integrated Approvals from other Government Authorities

This Development Consent includes the following Integrated Development Approvals issued under Section 91 of the Environmental Planning and Assessment Act 1979:

a)      Bush Fire Safety Authority under Section 100B of the Rural Fires Act 1997.

At all times this Development Consent operates in conjunction with the ‘Bush Fire Safety Authority’ listed at the end of this Development Consent as otherwise amended by the NSW Rural Fire Service.

8.        Crown Land

The event is not to encroach upon the Crown lands or allow any form of occupation, including

a)   temporary occupation, of the lands;

b)   remove any native vegetation or allow any native vegetation to be removed from the lands;

c)   stockpile or dispose of any materials, or store any equipment, plant or machinery on the lands, or allow materials to be stockpiled or disposed of, or equipment, plant or machinery to be stored on the lands;

d)   use any of the reserves for vehicular access, or allow the reserves to be used for vehicular access;

e)   discharge stormwater or deposit any wastes onto the lands, or allow wastes, including human wastes, to be discharged onto the lands,

without the prior written approval of Crown Lands.

9.      Use of land Zoned Environmental Protection 7(b) Coastal Habitat

The area of land in the south east corner of Lot 105 DP 1023126 zoned Environmental Protection 7(b) Coastal Habitat pursuant to Byron LEP 1988 not to be used for any event purposes including camping or overflow parking at any time.   

10.     Liquor Licenses

The sale and service of alcohol to be carried out in accordance with requirements of the Liquor License issued for the event. All staff working in licensed premises to be appropriately trained in the Responsible Service of Alcohol. Bar Areas to be appropriately signposted with relevant Under 18’s signage and harm minimisation signage and any other signage as required under the Liquor License for the event. Free drinking water to be provided to any patron upon request.

11.     Cultural Heritage

a)     The applicant continue to consult with the Arakwal Traditional Owners over the future care of the Archeological site as indicated in Figure 3 of the report prepared by Everick Heritage Consultants Pty Ltd dated April 2008. The applicant is to exercise due care and supervise any works near the Site to ensure that it is not inadvertently damaged. The recommendations contained under Section 9 of the report to be complied with at all times,

b)     Subject to the approval of the Arakwal Traditional Owners, during the festival the site may be used as a park or open space. Such use would not harm the site and/or create additional disturbance. However, it would not be suitable to use the Site for any form of camping, car parking or in-ground structural festival facilities.

c)     The applicant is to consult with the Arakwal Traditional Owners over whether informative signage would be appropriate and what information such signs should contain.

(Note: Development Approval does not absolve the land owner of any responsibilities under the National Parks and Wildlife Act 1974)

12.     Protection against projectiles fired from within the pistol club zone

Prior to the holding of any event under this consent, the applicant shall provide Council with formal written agreement between the owners of the land and the Cape Byron Pistol Club Inc. which provides a guarantee that no person will be placed at risk of injury by a projectile escaping the licensed shooting ranges located on the southern boundary of the property. The guarantee shall include pre- and post event construction time periods as well as the total duration of the festival event and associated activities.

No pre-event construction to commence without certainty to the safety of the people entering the subject property from any projectiles fired on the licensed shooting ranges. A copy of the agreement to be provided to NSW Firearms Registry at least three months prior to the first event.

This condition would cease to apply if NSW Firearms Registry advised Council that the subject property is no longer at risk from any licensed shooting range activities.

13.     Camping ground

The camping ground to be operated in accordance with provisions of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005. Section 68 Approval to be obtained under the Local Government Act 1993 from Council. 

The camping ground for patrons is not to be opened for more than 5 days either side of large and medium sized events, and two days either side of smaller events. The camping ground and its operation to comply with the requirements of the Rural Fire Service and as conditioned under the Bushfire Safety Authority issued under Section 100B of the Rural Fires Act 1997. 

PART A – PERMANENT INFRASTRUCTURE / SITE ENHANCEMENT WORKS

The following conditions are to be complied with prior to issue of a Construction Certificate for permanent infrastructure, event preparation and/or site enhancement works

14.      Section 68 Approval for Private Potable Water Supply Connection and Management

The applicant shall obtain section 68 approval under the Local Government Act 1993 (Part B1) for all connections and installations to the public water supply.

A safe potable water supply to be provided at all times in in accordance with the NSW Health Private Water Supply Guidelines (April 2007).

15.     Section 68 Approval for Sewage and Trade Waste Management

The applicant shall obtain section 68 approval under the Local Government Act 1993 (Part C6) for all connections and installations of on-site sewage management devices, including liquid waste storage and transfer facilities to be located on the land for small, medium and large events.

The applicant shall provide a sewage and trade waste management plan to Council that identifies, but is not necessarily limited to:

a.       the location of all static greywater, blackwater and trade waste storage tanks,

b.       the location of all portable facilities during construction, event and post-event periods, noting that a minimum 30 metre buffer be provided to ensure adequate separation between potentially conflicting uses such as wastewater management and sensitive ecological environments, food stalls and camping sites,

c.       the expected number of movements of mobile wastewater tankers, frequency of tanker movements, times of tanker movements and estimated cost of operations,

d.       how mobile wastewater tanker movements will occur without conflicting with other event activities,

e.       measures to be implemented to ensure that no effluent is lost from static storage and mobile wastewater tanks, and in the case of an environmental pollution event, the best practice methodologies to be implemented to clean up spills that maximise protection of the environment and human health,

f.       A contingency plan is to be provided should Council’s sewage treatment plants not be able to receive sewage. Should the contingency plan include disposal at sewage treatment plants outside of the Byron Shire, written confirmation that liquid waste can be accepted by an external managing organisation.

.

16.     Liquid Trade Waste Management Plan

Prior to the issue of a construction Certificate the applicant is to submit a Liquid Trade Waste Management Plan to Council for approval.  The Liquid Trade Waste Management Plan shall include:

a)   Specify that waste tanks are to be emptied by licensed contractors only

b)   Details are to be provided of contractors

c)   Details of destination STP to be provided

d)   Details of estimation of tanker movement for event usage (this may be required for specific event use)

e)   All receipts for the disposal of waste at the licenced sewage treatment plant are required to be kept

f)    Emergency Contingency Plan to be developed:

·    Present locations of overflow tanks

·    Installation of warning alarm system for high level

·    Implementation of best practice process in case of spillage

·    Within two (2) days of the conclusion of an event, all liquid waste must be measured and recorded prior to disposal by the transport contractor.

17.     Development of a Management Plan for wastewater from amenities

Prior to the issue of a construction Certificate the applicant is to submit a Wastewater Management Plan to Council for approval.  The Wastewater Management Plan shall include:

g)   Specify that waste tanks are to be emptied by licensed contractors only

h)   Details are to be provided of contractors

i)    Details of destination STP to be provided

j)    Details of estimation of tanker movement for event usage (this may be required for specific event use)

k)   All receipts for the disposal of waste at the licenced sewage treatment plant are required to be kept

·    Emergency Contingency Plan to be developed:

·    Present locations of overflow tanks

·    Installation of warning alarm system for high level

·    Implementation of best practice process in case of spillage

·    Within two (2) days of the conclusion of an event, all liquid waste must be measured and recorded prior to disposal by the transport

                  contractor.

18.      Consent Required for Works Within the Road Reserve

Unless already completed or commenced under a previous development approval, Consent from Council must be obtained for works within the road reserve pursuant to Section 138 of the Roads Act 1993. Concurrence from the NSW Roads and Maritime Services (RMS) will be obtained by Council, as necessary. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve. Such plans are to be in accordance with Council's current “Northern Rivers Local Government Design & Construction Manuals and Standard Drawings” and are to provide for the following works:

Road Construction – Yarun/Tanner Lane (between Gulgan Road Interchange intersection and the new Southbound Off Ramp.)

a)        Full width road pavement reseal and pavement repairs for the northern extension of Tanner Lane (called Yarun Lane by applicants consultants) to meet the new temporary southbound off ramp.

b)        New Roundabout, pavement, drainage infrastructure, signage and line marking at the intersection of the Gulgan Road Interchange and Yarun/Tanner Lanes. Design to be in general accordance with Plans referenced in RMS conditional approval letter of July 2012, being drawing 2 of Job No 04269, Improvements to the Gulgan Road Interchange, or as otherwise approved in writing by Byron Shire Council and NSW Roads and Maritime Services (RMS).

c)        New Intersection Islands, signage and line marking at to intersection of the north end of Yarun Lane/New Southbound Off Ramp/Access road into Festival Site

19.      Car parking layout, vehicle circulation and internal driveway access plans required.

The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details in accordance with the plans approved by this consent.

The access, parking and manoeuvring for the site is to comply with the requirements of Council’s DCP 2014, AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2010 - Parking facilities, Part 2: Off-street commercial vehicle facilities. Plans are to include, but not be limited to, the following items:

a)      As a minimum the main internal driveways and access roads for motor vehicles are to be bitumen sealed. This includes the South and North Boundary Roads, Blues Boulevarde, Lantern Way, Noble Way, Pond Road Narracott Way, Pipeline Avenue and Bridge Street.  

b)      existing and design levels;

c)      cross sections;

d)      drainage;

e)      line marking/delineation and signage, including signage for emergency vehicle access and flood evacuation paths, including depth indicators;

f)       a clear passage of minimum 4 metres width, without any height restrictions, must be available within the site for emergency vehicles; and

g)      details to satisfy other authorities in regard to works within, under or over easements or services.

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field. The sealing of internal roads to be completed within 5 years of the date of this consent and can be completed in a staged arrangement over this period.  Details to be submitted with the construction certificate for the completion of the works.

Such plans and specifications must be approved as part of the Construction Certificate.

NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings

20.      Access Bridge Design

The construction certificate to include a second pedestrian bridge crossing to be provided to the west of the southern entry point to provide for safe access into the site. Alternative measures or locations will be acceptable provided they are supported by the NSW Police Force. Details to be submitted with the construction certificate for approval.

21.      Stormwater Drainage Works

The application for a Construction Certificate is to include plans and specification for any additional stormwater drainage works (new diversion drains, new open drains and rectification works for existing drains, etc.). The plans must be in accordance with Council's adopted engineering standards, currently “The Northern Rivers Local Government Design & Construction Manuals (Version 3) and Standard Drawings (Version 1)”. Such works must be approved as part of the Construction Certificate.

The stormwater drainage works shall comply with Water Sensitive Urban Design (WSUD) principles in order to protect the creeks and drainage lines adjacent to festival access roads. Stormwater runoff from the access roads shall be directed to vegetated swales and the swales directed to the existing drainage lines and creeks. Culverts with energy dissipaters shall be provided under the access roads to discharge the stormwater runoff from the swales.

The proposed parking areas shall be adequately drained to ensure they are useable during the proposed festival period.

22.      Public Safety Management Plan required

Consent from Council must be obtained for a public safety management plan for those works within the road reserve pursuant to Section 138 of the Roads Act 1993.  This public safety management plan is to include provision for (but not be limited to):

a)     a pedestrian barrier, alternative footpaths and ramps as necessary;

b)     an awning sufficient to prevent any substance from, or in connection with, the work falling into the road reserve;

c)     lighting of the alternative footpath between sunset and sunrise;

d)     the loading and unloading of building materials;

e)     parking space for tradesman’s vehicles, where such vehicles must be located near the site due to tools and equipment contain within the vehicle;

Removal of any such hoarding, fence or awning as soon as the particular work has been completed.

23.      Sediment and erosion measures required

The application for a Construction Certificate is to include plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site. Control over discharge of stormwater and containment of run-off and pollutants leaving the site must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as hay bale barriers, filter fences, filter dams, and sedimentation basins.

The sediment and erosion control plan is to be prepared by a qualified practicing Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

Such plans and specifications must be approved as part of the Construction Certificate.

NOTE: The plans must be in compliance with Council's DCP 2002 Part N and Council's adopted engineering standards, currently “The Northern Rivers Local Government Design & Construction Manuals (Version 3) and Standard Drawings (Version 1).”

24.      Traffic Management Plan

The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic control plan is to be designed in accordance with the requirements of the Roads and Maritime Services’  Manual, Traffic Control at Work Sites Version 2, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

The plan shall incorporate measures to ensure that motorists using road adjacent to the development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site”.

The traffic control plan must be prepared by a suitably qualified and RMS accredited Work Site Traffic Controller.

25.      Bond Required to Guarantee Against Damage to Public Land

A bond or bank guarantee of $20,000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets.

Such bond will be held until Council is satisfied that the infrastructure is maintained/repaired to pre development conditions and that no further work is to be carried out that may result in damage to Council’s roads.

26.      Long Service Levy to be Paid

A Long Service Levy must be paid to the Long Service Payments Corporation.  These payments may be made at Council’s Administration Office, Station Street, Mullumbimby. Cheques are to be made payable to ‘Byron Shire Council’.

This is a State Government Levy and is subject to change.

27.      Certificate of Compliance (Rous Water) – Water Management Act 2000

Obtain a Certificate of Compliance from Rous Water confirming that all money payable to Rous Water in respect to the load the development imposes on the Regional Bulk Water Supply has been paid.

Note: Byron Shire Council acts as Rous Water’s agent in this matter and will issue a Certificate of Compliance on behalf of Rous Water upon payment of the Rous Water Development Servicing Charge to this Council. The charge is calculated as the Rous Water Development Servicing Charge per Equivalent Tenement current at the time of payment multiplied by the assessed number of ET’s for the development for water supply purposes.

28.      Vegetation Management Plan

A Vegetation Management Plan to be submitted to Council for approval for vegetation planting in the area of 7(b) Coastal Habitat Zone in the South East corner of the Lot 105 DP 1023126 (approximately 1.3 hectares excluding the Crown Road Reserve). The plan to include a diversity of native species endemic to a Coastal Swamp Forest/ Woodland to provide a mosaic of midstorey and understorey vegetation and to avoid a mono culture of one species The Plan to be prepared by a suitably qualified professional and the area to be appropriately fenced to minimise access whist the area is being rehabilitated.

29.      Voluntary Planning Agreement

Pursuant to Section 93(I) of the Environmental Planning and Assessment Act 1979 a voluntary planning agreement to be entered into as proposed in accordance with Section 5.2.3.1 Offset Enhancement Plantings of the Revised Koala Plan of Management dated August 2015. The VPA to be prepared in accordance with the Department of Planning and Infrastructures Developer Contribution Practice Notes dated July 2005 and include the details as noted in Attachment A and B of the Practice Notes. The VPA to be endorsed and executed by Council prior to the issue of the Construction Certificate.

(Note: Cost of preparing, exhibiting and any legal advice of the Voluntary Planning Agreement to be borne by the proponent. Any additional plantings as required in the 7(b) Coastal Habitat Zone can be used in the off set calculations.)

30.      Section 94A Levy to be paid

Prior to the issue of a construction certificate the section 94A levy required by the Byron Developer Contributions Plan 2012 shall be paid to Council. 

The levy will be calculated as follows:

Levy payable = %C x $C

Where:                                      %C     is the levy rate applicable as set out in the latest Ministerial Direction issued under section 94E. 

                                                  $C      is the proposed cost of carrying out the development. 

The rate of %C is:

Proposed cost of the development	Maximum percentage of the levy
Up to $100,000	Nil
$100,001–$200,000	0.5 percent
More than $200,000	1.0 percent

The cost of development shall be shall be calculated in accordance with clause 25J of the regulation.  The Cost Summary Report as set out in schedule 1 or 2 of the Section 94A contributions plan shall be submitted to Council with the with the payment.  Copies of Cost Summary Report are available at Council’s main office or may be downloaded from http://www.byron.nsw.gov.au/

The following conditions are to be complied with prior to the commencement of any works

31.      Management Plans to be implemented prior to works commencing

The approved public safety management plan is to be implemented.

The approved traffic management plan is to be implemented.

Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

32.      Public safety requirements

All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property.  The public liability insurance cover, for a minimum of $10 million, is to be maintained for the duration of the construction of the development. Council is to be nominated as an interested party on the policy.  Council is not held responsible for any negligence caused by the undertaking of the works.

The following conditions are to be complied with during any construction works listed in Part A

33.      Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on adjoining residential premises, can only occur:

a)     Monday to Friday, from 7 am to 6 pm.

b)     Saturday, from 8 am to 1 pm.

c)     No construction work to take place on Sundays or Public Holidays.

34.      Builders Rubbish to be contained on site

All rubbish is to be contained on the site in a ‘Builders Skip’ or an enclosure.  Road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

35.      Maintenance of sediment and erosion controls

Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control plan/s must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

The Site Manager is responsible for checking the adequacy of erosion and sediment control measures at least weekly and following all rainfall events to ensure that the controls are working effectively. The Project Manager is responsible for initiating any improvements to erosion and sediment control measures.

Dust shall be controlled to ensure that surrounding residents are not adversely affected.

36.      Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

a)          stating that unauthorised entry to the work site is prohibited, and

b)          showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

Any such sign is to be removed when the work has been completed.

37.      Construction noise

Construction noise is to be limited as follows:

a)      For construction periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A).

b)      For construction periods greater than four (4) weeks and not exceeding twenty six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A).

38.      Acid Sulfate Soil Management

Any potential acid sulfate soils encountered during excavation works are to be managed in accordance with the Acid Sulfate Management Plan prepared by Greg Alderson & Associates dated 26 May 2008 and the Acid Sulfate Soils Manual (ASSMAC, 1998).

39.      Fill for Construction Works

Prior to any fill being imported onto the site for construction of an access road, the applicant is to provide documentation to Council that demonstrates that the fill does not contain contaminants at levels that may be harmful to human health or the environment. Documentation may include soil sample analytical results from a NATA accredited laboratory.

40. Inspection for on-site sewage management

All plumbing and drainage works is to be installed by a suitably qualified person. The plumber must adhere to the requirements of the NSW Code of Practice and AS/NZ 3500. The plumber is to arrange for the following inspections to be undertaken:

c)   Internal drainage prior to covering of the works.

d)   External drainage prior to the covering of works.

e)   Irrigation installation prior to the covering of works.

f)    Final

The following conditions are to be complied with prior to the issue of an Occupation certificate for works listed in Part A

41.      Works to be completed prior to issue of a Final Occupation Certificate

All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate.

Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.

42.      Fencing to Riparian and Environmental Protection Zoned areas

Appropriate permanent fencing is required between the event site, car parking and camping areas and appropriately signed to prevent unauthorised entry into riparian areas and areas zoned Environmental Protection.

43.      Koala Plan of Management

Prior to the issue of the Occupation Certificate, undertakings within the approved Koala Plan of Management are to have commenced including

monitoring and enhancement plantings, and any financial contributions as required in the Voluntary planning agreement. Details from a suitably qualified professional to be submitted with the Occupation Certificate Application.

44.       Revised Biodiversity Conservation Management Plan

The submitted Biodiversity Conservation Management Plan under DA10.2008.352.12- Bluesfest event site: Lots 103-105 DP1033126 Old Pacific Highway, Tyagarah by AWC (2012) to be revised as listed below and submitted to Byron Shire Council for approval.

a.   Remove reference to the previous development application in the title.

b.   Update the plan to include all annual report data collected to date and meaningful discussion and diagrams to illustrate biodiversity trends over time.

c.   Include the null hypothesis being tested during monitoring to refer to species diversity and revise survey monitoring methods accordingly.

d.   Modify Section 4 Management Issues to remove reference to the majority of the site being intensively farmed and include sections on feral pests and required control measures undertaken or to be undertaken for control on the site.

e.   Modify Section 4.2 Habitat Restoration, Weed Control and Regeneration to reflect the Revised Koala Plan of Management dated August 2015 and plantings proposed under that plan and this development consent.

f.    Modify Section 4.5 Fencing to include a map or aerial photograph clearly illustrating the required locations of event and buffer fencing and a commitment to remove barbed wire within a 2 year time frame.

g.   Modify Section 4.10 Koalas to reflect the Revised Koala Plan of Management dated August 2015.

h.   Modify Section 6 Implementation Timetable to include a Table illustrating measures proposed and their timing.

i.    Modify Section 7.2 Performance Targets and Assessment to include a defined noise limit of 50dB(A) for the eastern vegetated habitat corridor outside the 500m event buffer. This area is to be considered a “sensitive receiver” (fauna refuge area).

j.    Modify Section 9 Monitoring and Evaluation in the following manner:

i. Update the section to reflect monitoring results to date.

ii. Revise monitoring schedules to occur every second year with the exception of Koala and Wallum Froglet monitoring, which will remain annual events. Both yearly and two-yearly monitoring to be retained until trends can illustrate a ‘maintain or improve’ situation.

iii.                  Revise monitoring schedules to include harp and mist net trapping as well as pitfall traps every fourth year to determine continued presence of species not positively detected by other means.

k.   Update Appendices to reflect the current situation and conditions of this consent.

45.       On-site sewage management system must be completed

The on-site sewage management system is to be constructed in accordance with approved plans and in accordance with current specifications and standards. The system is not to be used and/or operated until a Council Officer has inspected the system and authorised its use.

46.       Approval to Operate required

In accordance with the Local Government Act, an Approval to Operate the onsite sewage management system must be obtained from Council. Forms may be downloaded from Council’s website with 'http://www.byron.nsw.gov.au/on-site-sewage'.

47.       Internal driveways in accordance approved plans

All internal roads/driveways and parking areas, including associated drainage works and signage, are to be constructed in accordance with the approved plans. A final compliance certificate for the satisfactory completion of the works in accordance with the approved plans must be obtained.

48.       Roadworks in accordance Roads Act (Council)

All road construction and driveway access works within the road reserve must be constructed in accordance with the Roads Act consent. A final letter of approval for the satisfactory completion of the works in accordance with the approved plans must be obtained.

49.       Certificates for Engineering Works

The submission to Council of all test certificates for civil works, together with a certificate from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans and Council’s adopted engineering standards.

50.       Works-As-Executed Plans

Works-as-executed plans, certified by a suitably qualified engineer or a registered surveyor, are to be submitted to Council.

PART B  - Conditions  that are applicable to the operation each year of a small medium and large events incorporating temporary structures, camping and car parking areas.

Parameters

51.       Events – Number of People, number of events

The maximum number of people and events per year as follows:

Event Type	Number of People	Days Events
Large Events	25,000 people including, patrons, staff and performers	10 days per annum
Medium Events	15,000 people including, patrons, staff and performers	10 days per annum
Small Events	2000 people	10 days per annum with amplified music 90 days per annum without amplified music

Large Events are to occur over two days or more and to include camping arrangements for patrons. Small events are not to occur during the bump in or bump out period of large or medium events.

52.       Hours of Operation

Event Type	Hours of Operation	Additional restrictions
Large Events	8am to Midnight	Amplified music not to start till 10am
Medium Events	8am to midnight	Amplified Music not to start till 10 am
Small Events	8am to midnight	Amplified Music not to start till 10 am but to cease by 10 pm

Any event that is on a day before a normal workday (Eg Monday to Friday) to cease by 10pm other than the Easter Blue Festival.

53.       Small Events

Where after 6 amplified small events it can be demonstrate to Council through:

·    Performance Reporting,

·    a review of complaints received by Council and the proponents complaints register;

·    and if recommended by the Regulatory Working Group,

amplified music for small events can be extended to 12 midnight and or the number of small event days with amplified music can be extended with Council approval. Such approval may be issued on a temporary basis or permanent basis. Details to be submitted to Council for any extension for small events   

54.       Restrictions on events throughout the year

No large or medium events are to occur a week either side of Christmas or the New Year or the period between, on public holidays (Excluding Easter) or when the Pacific Highway has road occupancy restrictions in place by the Roads and Maritime Service.

55.       Noise restrictions

Large and Medium Events

For large and medium events the following noise limits apply when measured outside bedroom windows of sensitive receivers :

·    daytime, (0700 to 1800 hours) and evening, (1800 to 2200 hours); 55 dB(A) LAeq,15min; and

·    night-time, 2200 hours to midnight; 50 dB(A) LAeq,15min.

Small Events

For small events the following noise limits apply when measured outside bedroom windows of sensitive receivers :

·    45 dB(A) LAeq,15min during the daytime and evening; and

·    40 dB(A) LAeq,15min during the night-time.

Council may alter the noise limits imposed under this condition (eg increased or decreased) if, during or after events, or following reviews of the events, issues of amenity arise.

56.       Performance Report

a)       The proponent must prepare a Performance Report at the conclusion of each year in which events are held, or at such other times as directed by Council. Annual reports to be furnished to Council by the 1^st of December each Calendar year. 

b)       The Report must address the performance of events during that year or as Council determines. In particular, it must address compliance with conditions of this approval and environmental criteria detailed in the management plans relating to noise, flora and fauna, traffic, any evacuation procedure carried out, liquor licensing, community complaints and responses, and any other matter the Council considers relevant.

c)       For each reporting period, the Performance Report must address, but not be limited to the following :

i.    An assessment of the project’s performance and compliance with the terms of this approval, including any evacuation plans, monitoring and management plans, transport management and traffic control plan and any other licences, permits or approvals, and an interpretation and discussion of these results;

ii.    A comparison of the environmental impacts and performance of the project against the environmental impacts and performance predicted in the EA and as modified by the conditions of this approval;

iii.   A list of all occasions in any preceding reporting period where environmental performance goals for the project have not been achieved, indicating the reason for failure to meet the goals and the action taken to prevent recurrence of that type of incident;

iv.  Evidence of attendance numbers at events during the reporting period

v.   Identification of trends in monitoring data over the life of the project to date;

vi.  A copy of the Complaints Register for the reporting period (exclusive of personal details), and details of how these complaints were addressed and resolved;

vii.  A list of variations obtained to approvals applicable to the project and to the site during the preceding reporting period;

viii. Environmental management targets and strategies for the following reporting period, taking into account identified trends in monitoring results; and

ix.  Results of consultation with the Regulatory Working Group in relation to the matters listed above.

d)          Each Performance Report must be submitted to the Council by the date specified by the Council.

e)          A copy of the Performance Report shall be placed on the proponent’s website for public information or made available to the public on request.

f)          The Council may specify conditions that must be complied with for the management of future events having regard to the performance reports of previous events held under this approval.

57.       Regulatory Working Group

The owners of the land to establish a regulatory working group (RWG) to oversee the environmental performance of events. The RWG must

a)      Comprise at least one (1) representative of the proponent, Office of Environment and Heritage, Roads and Maritime Service, NSW Police Force, State Emergency Services, Rural Fire Service and Council, where these parties agree to be part of the RWG, or as otherwise agreed to by Council.

b)      comprise at least two (2) representatives of the local community nominated by the Council. Community representatives are appointed on a rotational basis with a representative not exceeding four (4) years;

c)      be chaired by a chairperson, whose appointment has been approved by Council  

d)      meet at least once prior to the first large, first medium and first small event  to review the proposed management in relation to:

i.    illegal camping;

ii.    litter;

iii.   provision of security services;

iv.  noise;

v.   event traffic and car parking;

vi.  complaint mechanisms

vii.  Koala Management

viii. flooding;

ix.  bushfires;

x.   evacuation procedures and

xi.  Any other issues raised by government agencies or Council.

e)      meet 6 monthly to review the proponents performance with respect to environmental management and community relations for events held during a reporting period and where appropriate, make recommendations to the Council on measures or strategies to improve performance for future events;

f)       undertake periodic inspections of the site; and,

g)      review community concerns or complaints with respect to environmental management and community relations.

h)      The land owner must, at its own expense:

i.     provide the RWG with regular information on the environmental performance and management of events;

ii.     provide meeting facilities for the RWG (if necessary);

iii.    arrange site inspections for the RWG (if necessary);

iv.   take minutes of the RWG meetings;

v.    make these minutes publicly available;

vi.   respond to any advice or recommendations the RWG may have in relation to the environmental management or community relations;

vii.   Provide a copy of the minutes to each RWG meeting to members

58.       Complaints Register

a)      The proponent must ensure that the following are available on the Proponent’s website for community complaints:

i.    a 24-hour telephone number on which complaints about events may be registered;

ii.   a postal address to which written complaints may be sent; and

iii. an email address to which electronic complaints may be transmitted.

The telephone number, postal address and e-mail address must be maintained for events  and advertised in a newspaper circulating in the locality on at least one occasion prior to the commencement of each event.

b)      The proponent must record details of all complaints received through the means listed above in an up-to-date Complaints Register. The Register must record, but not necessarily be limited to:

i.          the date and time of the complaint;

ii.         the means by which the complaint was made (eg. telephone, mail or email);

iii.         any personal details of the complainant that were provided;

iv.        the nature of the complaint;

v.         any action(s) taken in relation to the complaint, including any follow-up contact made;

vi.        the date and time any action was taken in response to the complaint; and,

vii.       if no action was taken in relation to the complaint, the reason(s) why no action was taken.

The register must be made available for inspection by the Council upon request.

The following conditions are to be complied prior to the commencement of work on the site for an event  

59.       Construction Certificate Required for the Erection of Temporary Structures

This development consent is issued under the Environmental Planning and Assessment Act 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. Temporary Structures  require the issue of a Construction Certificate prior to works commencing.

 Note: Application forms are available from the customer services counter or Council’s website www.byron.nsw.gov.au

60.       Event Management Plan

An event management plan is to be prepared and submitted to Council prior to the issue of a construction certificate for the first event on the site and at least 90 days prior to that event. The Event Management Plan to be broke into three parts to delineate management measures for small medium and large events. The plan to be prepared in consultation with Council, the Office of Environment and Heritage, NSW Police, NSW Rural Fire Service, NSW Fire Commissioner, and State Emergency Services. The Event Management Plan is to contain the following:

a)        An event structure plan in accordance with the approved plans under this consent illustrating the internal layout of the site for the particular type of events, including the location of all temporary structures, including stages, food stalls and sanitary facilities, places of public entertainment on the festival site, human exclusion fencing (temporary and permanent, camping and car parking areas and emergency assembly areas..

b)        Emergency evacuation details and plans for structural fire and bushfire emergency scenarios.

c)        Disabled access and egress details and plans for access and egress to, within, around and out of the festival site and camping areas.

d)        Lighting of the festival and camping areas.

e)        Location of all fire fighting facilities throughout the site.

f)         A hazard reduction management plan indicating how to implement safe work sites including stages including examples of hazard reduction measures.

g)        The type number and location of toilet facilities associated with the use of each temporary structure.

h)        Proposed open fires.

i)         Lighting to and within the event.

j)         Details on a regular security guard surveillance service (day and night) for the Tyagarah airfield, adjoining wreckers yard, Grays Lane, Fox Lane and the site boundary with adjoining properties to the north (Lot 103) and south (Lot 105).

k)        All security personnel employed are to be certified as fully credentialed by festival management.

l)         Internal traffic and car parking management.

m)       Camping management .

n)        Waste and litter management .

o)        Acoustic management .

p)        Flora/fauna and weed management .

q)        Measures for temporary structures, traffic control devices and barriers, and temporary fencing to be removed within 7 working days following an event.

r)         A summary of compliance with all conditions of this development consent.

s)        Copies of all other approvals relied upon to carry out an event.

The event management plan will be critically reviewed after each festival in a debrief and shall be updated annually, or earlier if required, based on the feedback provided at this debrief and from relevant authorities made in writing. The plan to be robust to enable it to be used for a variety of small, medium and large events annually.  

61.       Transport Management Plan

The submission of a Transport Management Plan (TMP) prepared in accordance with the “Guide to Traffic and Transport Management for Special Events”, to Council for approval prior to the issue of the Construction Certificate for the first event and at least 90 days prior to that event. The Transport Management Plan to be broken into three parts to delineate management measures for small, medium and large events. The plan to be robust to enable it to be used for a variety of small, medium and large events annually.

a)     The Transport Management Plan must include, but not be limited to:

i       Details for the efficient management of parking, including provision for overflows from the southern parking area to the northern parking area. The management of overflow parking must ensure that the overflow vehicles exit the site from where they entered the site.

ii.      A contingency plan for unplanned incidents that may disrupt traffic and transport before, during or after the event. The contingency plan must be fully documented and include emergency contact names and phone numbers.

i.      A copy of an approved Traffic Control Plan.

b)     The Traffic Control Plan (TCP) must address the following matters:

i       The TCP must be designed in accordance with the requirements of the Roads and Maritime Services’ Manual, Traffic Control at Work Sites Version 2, and the current Australian Standards, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

ii      The TCP must be prepared by a suitably qualified and RMS accredited Work Site Traffic Controller.

iii     The regulation of traffic must be authorised under the Roads Act 1993 and the use of traffic control devices authorised under the Road Transport (Safety & Traffic Management) Act 1999.

iv     Reduced speed zones must be approved by the Roads and Maritime Services.

v     There is to be no impact on through travel times on the pacific Highway

vi     The TCP must incorporate a monitoring program to assess the traffic volumes and peak parking numbers associated with each event. Twenty four hour traffic counts are to be undertaken before, during and after the first two medium and large events (and as further required by Council or the Roads and Maritime Service) for the traffic on the frontage and surrounding roadways.Such report must include details demonstrating compliance with the conditions of consent relating to traffic management including the requirements of the RMS provided below. From time to time aerial photography of the site and surrounds at regular intervals before during and after the event, including peak traffic and parking periods should be undertaken to support the traffic monitoring report.

vii    The TCP must provide for all relevant conditions of the Roads and Maritime Services.

viii   The TCP must be submitted to the Local Traffic Committee prior to approval under the Roads Act 1993 and adequate time must be allowed for this to occur and for the preparation of any necessary reports and amendments necessary to meet the Local Traffic Committee recommendations.

ix     The TCP must satisfactorily address any concerns or issues raised by the Council, Police and/or Roads and Maritime Services from previous events.

x     The TCP must ensure access to surrounding and neighbouring properties at all times including the wrecker and service station. 

xi     The TCP must provide appropriate signage to prohibit parking in the surrounding road network and to prohibit access to the airport by festival patrons. Adequate provision must be made to allow residents of Grays Lane to park in Tanner Lane near the end of Grays Lane when through access is closed due to flood. Permanent  “No Parking” signs in Grays Lane from the Pacific Highway to the Tyagarah Nature Reserve boundary will be considered as a permanent management arrangement.

xii    Entrance to Grays Lane East of Yarun Road to be restricted to residents and their guests for the duration of the festival to prevent the parking of vehicles in Grays Lane.

xiii   The TCP to factor in that local roads operate a Level of Service D or better between the hours of 8am and 8pm on event days. The ramps of the Gulgan Road Interchange with the Pacific Highway to operate at Level of Service C or better at event times  (See Figure 3.1 Levels of Service Flow rates Austroads Guide to Traffic Management Part 3 and Highway Capacity Manual)

xiv   The TCP to include provision so that Traffic queuing on the Gulgan road off ramps does not exceed stopping sight distances for 110 km/h speeds. (See RMS supplements and Austroads Guide to road Design Part 3 Section 5.3.1 for stopping sight distances)

c)   The Transport Management Plan and Traffic Control Plans to be reviewed on an annual basis and where required such plans to be updated accordingly taking into consideration changing traffic conditions, altered management arrangements and other issues as identified by the Roads and Maritime Service, Council or the Regulatory Working Group to ensure the safety and efficiency of the road network.

Note: Access/ Egress from, and to, the Pacific Highway to Grays Lane to be closed in the future by the RMS. The Transport Management Plan and Traffic Control Plan to reflect proposed changes to this intersection.  

62.       Noise Management Plan

A Noise Management Plan (NMP) outlining measures to manage and minimise potential noise impacts of events is to be prepared by a suitably qualified acoustic consultant. The NMP is to be prepared in consultation with Council and the RWG, and submitted to the Council for approval prior to the issue of a Construction Certificate for the first event. The NMP is to be prepared having regard to the noise limits specified in the above conditions, the proponent’s Environmental Noise Level Impact Assessment Report prepared by David Moore and Associates, and dated 22/10/14 and, OEH’s Noise Guide for Local Government 2010 and is to include, but not be limited to:

a)   A background noise survey to identify the criteria for each sensitive receiver must be conducted prior to the first event identification of all major sources of noise emitted during the carrying out of an event;

b)   identification of nearby sensitive receivers and identification of appropriate noise limits/criteria for sensitive receivers;

c)   identification of noise limits within camping areas between midnight and 8:00 am to support peaceful rest during events;

d)   identification and implementation of best practice management techniques for the minimisation of noise from the site. For example, appropriate siting and orientation of performance stages and speakers, acoustic barriers, insulation/double glazing of sensitive receivers etc.;

e)   procedures and limits for carrying out sound checks prior to and during events and rehearsals to ensure compliance with the relevant noise criteria, and measures to be undertaken if any noncompliance is detected;

f)    requirements for sound engineers at each stage and their ability to enact noise mitigation measures;

g)   community consultation requirements;

h)   procedures for responding to any noise complaints received during an event. As much as is reasonable and feasible, the proponent must arrange for noise levels emanating the site to be monitored at the location of any complaints as soon as possible after a complaint has been received; and,

i)    measures to address and respond to the outcomes of a Performance Report as required above, including updating plans for subsequent events.

j)    The plan to be robust to enable it to be relied upon to cover small, medium and large events

Note: A NMP may cover or be submitted in support of more than one event, subject to it providing sufficient detail of each event.

63.       Acoustic Monitoring Program

Prior to the commencement of the any event where amplified noise is a feature, a qualified acoustic consultant must prepare and implement an Acoustic Monitoring Program (AMP) to monitor and assess the impact of noise generated by the event on the amenity of the area. The AMP must be consistent with the provisions and limits within the NMP required under the above Condition and any include measures for subsequent amendments following consultation with the RWG and Annual Performance Reporting after events.  

The AMP shall include, but not be limited to:

a)      locations (identified on a map) at which monitoring will be undertaken. As a minimum monitoring locations must include the most sensitive noise receivers (residential and the adjoining nature reserve) as identified in the proponent’s Environmental Noise Level Impact Assessment Report prepared by David Moore and Associates, and dated 22/10/14;

b)      procedures and protocols in accordance with OEH’s Noise Guide for Local Government 2010 and Australian Standard AS1055 Acoustics - Description of measurement of environmental noise (or any subsequent versions thereof);

c)      a program for periodic attended and unattended monitoring of noise at each of the set monitoring locations, including:

i)        Unattended monitoring must be undertaken at a minimum of eight monitoring locations (to be determined in consultation with the RWG) before, during and after each event;

ii)       Attended monitoring must occur on at least one (1) occasion prior to the commencement (including during sound check) and during the operation of each event; and,

iii)      procedures for the reporting of monitoring results to enable an assessment of the noise performance of the event.

The AMP must be submitted for the approval with the Noise Management Plan. Any subsequent amendments to be approved by Council. 

64.       Noise Mitigation

Upon receiving a written request from any of the sensitive receivers identified in the NMP or the AMP, or the landowner of a residence where subsequent noise monitoring shows that the noise generated by activities on-site is greater than the specified noise criteria; the proponent shall implement additional noise mitigation measures at the residence in consultation and agreement with the landowner. Mitigation measures may be in the form of double glazing, secondary glazing of ‘weak’ areas, insulation and must be reasonable and feasible.

If within three (3) months of receiving this request from the landowner, the proponent and landowner cannot agree on the measures to be implemented, or there is a dispute about the implementation of these measures, then either party may refer the matter to the Council for resolution.

65.       Installation of Flood Monitoring Equipment

Unless already installed under a previous approval for events on the site an automatic rainfall recording station, at least two stream height gauging stations and at least two soil moisture sensors must be installed on site by a suitably qualified person prior to the issue of the construction certificate for the first event. The data must be made available for collection remotely via telemetry, with data connections to the administration office on the subject site and available for Byron Shire Council. A certificate from a suitably qualified engineer, with experience in flood matters, together with suitable documentation from the installer, certifying that the flood monitoring equipment has been installed correctly and at appropriate locations, must be submitted with the Construction Certificate.

66.       Flood evacuation/contingency plan required

A flood evacuation/contingency plan for the proposed development to be submitted to Council for approval, prior to the issue of the construction certificate for the first event. The plan must clearly identify evacuation routes, ground levels of those evacuation routes, depth and time of flooding along the evacuation routes, method of evacuating the number of people and vehicles at the site, critical rainfall events for cancellation or evacuation of the event, and methods and location of flood monitoring. The plan to also be broken into three parts identifying likely evacuation requirements for small, medium and large events on the site to enable the plan to be relied upon for future events.

Development of the flood evacuation / contingency plan must be carried out in liaison with the local State Emergency Services.

The plan must be assessed and updated by a suitably qualified engineer for each event utilising the data collected from the flood monitoring equipment and any previous evacuation review, and the latest adopted flood studies for the Simpsons Creek and Brunswick River catchment. A certificate from a suitably qualified engineer, with experience in flood related matters, certifying the adequacy of the plan and that the event structures left on site will not have any impact on flood levels, must be submitted to Council.

67.       Section 68 Approval for Sewage and Trade Waste Management

The applicant shall obtain section 68 approval under the Local Government Act 1993 (Part C6) for all additional connections and installations of on-site sewage management devices, including liquid waste storage and transfer facilities to be located on the land for small, medium and large events not already approved under Part A of this consent.

The application to include, but is not necessarily limited to:

a)   the location of all static greywater, blackwater and trade waste storage tanks,

b)   the location of all portable facilities during construction, event and post-event periods, noting that a minimum 30 metre buffer be provided to ensure adequate separation between potentially conflicting uses such as wastewater management and sensitive ecological environments, food stalls and camping sites,

c)   the expected number of movements of mobile wastewater tankers, frequency of tanker movements, times of tanker movements and estimated cost of operations,

d)   how mobile wastewater tanker movements will occur without conflicting with other event activities,

e)   measures to be implemented to ensure that no effluent is lost from static storage and mobile wastewater tanks, and in the case of an environmental pollution event, the best practice methodologies to be implemented to clean up spills that maximise protection of the environment and human health,

f)    A contingency plan is to be provided should Council’s sewage treatment plants not be able to receive sewage. Should the contingency plan include disposal at sewage treatment plants outside of the Byron Shire, written confirmation that liquid waste can be accepted by an external managing organisation.

68.       Separate Approvals to be obtained

Where required separate approval to be obtained under the Local Government Act 1993 as follows

·    Camping – Section 68F

·    Water Supply Work – Section 68(B1)

·    Car Park – Section 68 (F1)

69.       Waste Management Plan

The proponent to provide to Council a Waste Management Plan for collection, recycling and disposal of waste for the three types of events (Small. Medium and large) from the site and the surrounding roads of Yarun Road, Tanners Lane, the Gulgan Road Interchange.

The plan to provide for  adequate clean, vermin proof, bulk solid waste bins and collection receptacles as follows:-

a)          Bulk waste storage bins must be located so as to support the requirement for clean and healthy conditions within all food premises, but not generate offensive odours nor provide a habitat for pests and vermin;

b)          Safe all weather access is provided for removal of bulk waste by large garbage compactor trucks on a daily basis;

c)          Sufficient number of receptacles around the venue, and external to the venue, to ensure that no unsightly or unhealthy conditions occur during (and immediately after) events; and

d)          Measures for the collection of all liquid and solid wastes generated by food service premises so as not to cause any nuisance or harm.

70.       Waste Disposal

Notification shall be given to Council, in writing, of prior arrangements made concerning the disposal of waste at least four weeks prior to any event.  This is to include; details of licensed contractors and plumbers for the event, details of arrangements for the provision of a standby pump-out truck and confirmation of those responsible for the paying of disposal fees and charges. Where possible arrangements can be made in advance on a quarterly, 6 monthly or annual basis for these waste disposal arrangements

NOTE: Council may invoice the land owner for any additional costs that arise from a failure in the management of the festival activities. Council will also charge sewage disposal fees at its Sewage Treatment Plants.

The following conditions are to be compiled with prior to the Issue of Occupation Certificate and prior to commencement of any event

71.       Occupation Certificate required:

Temporary Structures to be used for events as approved under this consent must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

72.       Notification of relevant Authorities

A copy of this consent notice and approved plans must be provided to Byron Bay Police, Ambulance, Rural Fire Service and State Emergency Services and the conditions of consent specifically relating to noise, traffic and crowd control are to be highlighted.

73.    Community Notification – advertising in paper and letterbox drop

Traffic Management Arrangements to be advertised prior to the event. The advertising should be in the local newspaper on two (2) separate occasions. All costs are to be borne by the applicant.

A letterbox drop to all adjoining residents (including Grays Lane, Prestons Lane, Hyrama Crescent, Buckley’s Road, McInnes Lane, Fox’s Lane, Tandy’s Lane, Tanner Lane and Yarun Lane) advising the details of the events to be undertaken on the site. The letterbox drop to occur on a quarterly basis throughout the year advising of upcoming events on the site over the next three months. An outline of the date and hours of the event and the telephone contact details of the event coordinator are to be provided to these residents.

A Notice is to be published in a local newspaper outlining the event hotline telephone number for people to contact the event as a result of noise, traffic  or other amenity impacts.

74.    Traffic Control Plans to be submitted to Other Authorities

A copy of the approved Traffic Control Plans, including an endorsed “Responsible Organisations Contact Persons and Signatures”, must be submitted to, the RMS (Grafton) and the Police (Byron Bay). Details of the contractor who has been engaged to carry out the Traffic Control are to be provided to Council. A copy of the RMS’ approval for any proposed temporary change of speed must be submitted to Council.

75.    Traffic Management Plan

The approved traffic management plan is to be implemented to the extent necessary to ensure efficient operation during the event including bump in and bump out periods.

76.    Car parking Areas

The car parking areas are to be prepared and marked out generally in accordance with the approved plans to allow marshals to efficiently direct patrons to parking spaces. Internal circulation aisles must provide adequate space for vehicles to manoeuvre into parking spaces and for vehicles to pass.

Car parking spaces for people with disabilities must be provided at the rate of one (1) space for each 100 spaces or part thereof. Parking spaces are to be provided in accordance with AS1428. Signs and markings for the parking for people with disabilities are to be provided in accordance with AS1742.11.

77.    Disabled access

Disabled access and facilities to be provided for the benefit of all handicapped persons at the event. Minimum standard is set down by the Disability Discrimination Act 1992 and supported by AS1428.1 and BCA 2009.

78.    Provision for Bicycle Parking

The provision for bicycle parking on the site shall be publicised and appropriately signposted. Any sign posting on the public roads shall be included in the Traffic Control Plan.

79.    Report Demonstrating Compliance with Conditions

A report is to be submitted to the PCA prior to every event/festival demonstrating how the conditions of development consent within this section have been complied with. Such report shall include copies of all documentation relied upon for evidence of compliance with the conditions.

80.    Toilet and Bathroom facilities for patrons including campers

Adequate toilet and bathroom facilities are provided, and maintained, for the patrons, operators, and staff for the duration of the proposed event

Temporary toilet facilities shall be located to ensure no offensive odour or spillage of contaminated wastewater is likely to cause nuisance or harm to public health or the environment. The facilities are to be maintained, cleaned and serviced at all times during an event.   

81.    Certification of the structural adequacy of temporary structures

A Practicing Structural Engineer is to provide certification that:

a)     The design and erection and of all temporary structures are structurally sound and are in accordance with Building Code of Australia Section B Part B1 and AS1170 – Design Loading Code.

b)     The ground is sufficiently firm to sustain the applied loadings whilst all temporary structures are being used, taking into account any liquid pressure action, ground water action and rainwater action (including ponding action).

c)     All temporary toilets and associated structures for use by patrons must be certified that they are structurally sound and are in accordance with AS1170 – Design Loading Code and that the ground is sufficiently firm to sustain the applied loadings taking into account any liquid pressure action, ground water action and rainwater action (including ponding action) for the duration of the event.

82.    Fire Safety Requirements

The following to be complied with prior to the issue of an Occupation certificate for an event

a)      Fire Safety Schedule

A copy of the attached fire safety schedule shall be placed in a conspicuous location at each stage, mixing area and temporary structures over 100sqm and remain on site during the event.

Essential Fire or Other Safety Measures	Design Standard	Installation Standard	Maintenance Standard
Emergency Lighting	AS 2293.1 Emergency Evacuation Lighting to Buildings	AS 2293.1	AS 2293 Emergency Evacuation Lighting in Buildings - Inspection and Maintenance
Exit Signs	AS 2293.1 Emergency Evacuation Lighting	AS 2293	AS 2293.2 Emergency Evacuation Lighting in Buildings - Inspection & Maintenance
Portable Fire Extinguishers and Fire Blankets	AS2444	AS 2444	AS2444
Paths of travel		BCA Part D	BCA Part D
Fire fighting equipment		Static Water Supply – AS2419	Static Water Supply -  AS2419
Emergency Evacuation plan		AS3745 and Development consent condition	AS3745 and Development consent condition.

b)      Essential Services

The following essential services must be provided in accordance with the requirements of the Environmental Planning & Assessment Regulation 2000, as per the schedule:

a.      Emergency Lighting

b.      Exit Signs

c.      Emergency evacuation plan

d)     Fire fighting facilities

e)     Portable fire extinguishers

f)      Fire blankets

g)     Access (Paths of Travel)

Once installed the essential services are to be the subject of a fire safety certificate. That certificate must be submitted to Council or the PCA.

c)      Portable fire extinguishers

Portable fire extinguishers of an approved type having at least the protection effectiveness of a 4.5kg extinguisher shall be provided to locations in accordance with AS2444, Council’s requirements, this consent and the approved plans as follows:

·      At the rear, side and back stage area and mixing stands of all Stages

·      Front of house mixing areas.

·      VIP and administration tents.

·      Mobile site offices.

·      Relaxation and dining tents.

·      Bar areas.

·      Café, food stalls and catering areas.

·      Any other areas determined by Council or the PCA on site.

The Fire Extinguishers are to be tagged to demonstrate that have been appropriately tested, maintained and certified under AS2444.

All such fire safety measures are to be maintained for the duration of the event.

d)      Emergency Exit Signs

i)       External Emergency Exit Signage to be sited to the satisfaction of Council or the PCA.

ii)       Exits must be so provided and arranged as to afford a ready means of egress from all parts of a temporary structure. (NSW H102.3 Location of exits).

iii)      Exit signs must be provided above all exits and in such other locations as may be required by Council and NSW E4.6 and must comply with E4.5 and E4.8. (NSW H102.16 Exit signs).

iv)     Every part of an entrance or exit must provide a minimum unobstructed height or 2000mm. (NSW H102.5 Vertical clearances for exits).

e)      Positioned and maintained structural fire fighting facilities

A 25,000 litres dedicated static water supplies, installed in accordance with AS2419 and AS3500 shall be provided at the time of setting up any structures greater than 500sqm prior to the event and during periods of occupation for the use of the event. Each 25000L static water supply must be within 90 metres of temporary structures over 500 sqm and places of public entertainment. The following are required during the event:

·        Water supplies to be maintained at maximum fill capacity

·        Access from rear of house and surrounding areas to water supplies must be unimpeded.

f)       Emergency Evacuation Strategy

An Emergency Evacuation plan is to be submitted which details the following:

·        under what circumstances the site will be evacuated

·        where the persons will be evacuated to ( assembly areas )

·        roles and responsibilities of persons  coordinating the evacuation

·        roles and responsibilities of persons remaining with the complex after the evacuation and

·        A procedure to contact the NSW Rural Fire Services District Office / NSW Fire Brigade and inform them of the evacuation and where people will be evacuated to.

·        Paid representatives of the NSW Fire Services and the SES to be invited to be on site for the duration of the event.

g)             Certification of Blinds, Curtains and Tent Fabrics

·           Current certification from an accredited testing laboratory is to be provided to council certifying the following:

·           That all blinds and curtains for use in temporary structures comply with Specification C1.10 - Building Code of Australia (Part NSW H102.7).

·           That the fabric used in the construction of the temporary structures will comply with the Flammability Index required under Part H of the Building Code of Australia (NSW H102.8).

·           Along with the Certification and test report required above, a table that identifies the fabric type, location on the event site, when the fabric was treated last and whether the fabric is tagged is to be submitted.

h)      Gas Heaters

Certification to be provided to the Consent Authority demonstrating that Gas Heaters provided within temporary structures meets the requirements of AS1596. Note: AS1596 prohibits unprotected portable gas heaters located within temporary structures.

i)       Fire-fighting services and appliances

Fire-fighting services and appliances must be so provided as to afford adequate protection and must be located as specified by the approving authority on the advice of The Commissioner New South Wales Fire Brigades

Where required by the approving authority, the fire fighting services and appliances must comply with BCA NSW Part E1 and NSW H102.17 Fire-fighting services

83.    Viewing Platforms and Tiered seating

Details are to be provided in relation to the size, capacity, and structural capability of viewing platforms next to stages (if applicable) and any proposed tiered seating.

All balustrading to any tiered seating and stages is to be in accordance with AS 1657.

Signs indicating the capacity of each platform must be displayed on approach to platforms for the duration of the event.

Disabled access and facilities to be provided in accordance with AS 1428, the Building Code of Australia and the Disability Discrimination Act. Viewing areas or facilities are to be provided within each performance stage to ensure equitable access to live performances for people with disabilities.

84.    Electrical services certification

Electrical services connected to the local supply authority's mains, to a generating plant or to a battery supply must comply with:

a)      The requirements of the local supply authority

b)      AS 3002

c)      Where applicable, AS/NZS 3000

d)      NSW H101.l9.l (a)

e)      NSW H101.19.3 (a)

f)       NSW H102.l4 Electrical services

A Certificate from a licensed electrician is required indicating that all electrical services have been installed in accordance with AS 3000 and AS 3002.

85.    Lighting

a)      Artificial lighting must be provided to all areas required by Council, and must comply with NSW H101.20.1, and NSW H101.20.2. (NSW H102.15 Artificial lighting), including the nominated festival area and associated camping areas.

b)      Emergency lighting must be provided to the areas provided with artificial lighting under NSW H102.15 and must include a sufficient number of lamps to give a minimum illumination of 0.2 lux at floor level. (NSW H12.15.1 Emergency lighting levels).

86.    Unimpeded exit and path of travel where seating provided

Provision of seating or other furnishings in the entertainment area must be formed and arranged as not to impede a path of travel to any exit and have an unobstructed width of 1,000mm.

87.    Crime Prevention

In accordance with the advice provided to Council by the NSW Police Force dated 27/11/15, evidence to be provided to the PCA prior to the issue of the Occupation Certificate that the following has been provided

a)      A CCTV camera to be placed at the Festival Area Main Public Entrances (North and South Entry). The CCTV to be continuously monitored and recorded by event management/ security during all hours of large and medium sized events with additional monitors being provided for the Police Command Post. The Cameras to be operated in liaison with NSW Police and as directed. 

b)      White lights to be provided along all pedestrian routes for utilization in a time of emergency. Flood Lighting to be installed for use at the Emergency Assembly Area. Yellow revolving or flashing lights be placed at nominated primary Emergency Assembly Areas at least 7 metres above ground level for use during an emergency. Flood Lighting to be provided at all vehicle entrance points to the car park from the public areas

c)      The Event organisers to enter into and adhere to a written agreement with the Tweed Byron Local Area Command for events. The agreement (User Pays) to include but not limited to police staffing, police drug dogs and onsite facilities for use By the NSW Police Force (buildings and telecommunication connections)

d)      Licensed Security to be provided on a minimum ratio of:

·    One Security Officer/ 250 patrons

·    One Security Officer/ 500 campers outside of normal event operating hours

A minimum of one Senior Security supervisor to organize and manage security officers

e)      The second pedestrian access bridge as noted in Part A of this consent is constructed prior to the issue of any occupation certificate for events.

The following conditions are to be compiled with at all times during events

88.    Inspection by Council Officers

The applicant must make provision for unimpeded entry at no cost to Council officers inspecting the premises.

89.    Potable Water Supply Arrangements

The potable water supply shall be maintained in accordance with the Section 68 (Part B1) approval issued under the Local Government Act 1993.

90.    Noise Management

Event noise management to be in accordance with the approved Noise Management Plan and Acoustic Monitoring Program at all times. Amplifies music to cease in accordance with the time restrictions imposed by this consent.

Noise limits within the camping area between midnight and 8:00 am to support peaceful rest shall be established within event noise targets prior to the event.

91.    Access for emergency vehicles

Emergency vehicle access/egress must be maintained. Emergency vehicles and personnel must not be obstructed or prevented from conducting their necessary duties. A clear passage of minimum 4 metres width, without any height restrictions, must be available within the site for emergency vehicles during the event.

92.    Location emergency evacuation plans

Emergency evacuation plans must be available on site under the control of the site manager. This plan is to be in a conspicuous location on each stage, mixing areas, emergency personnel points, and any temporary structures greater than 100sqm and at the site office. Adequate personnel must be provided at all times that are sufficiently trained to initiate crowd control, direct safe egress, initiate occupant control of fires and provide basic first aid when required. This plan must be implemented throughout the site.

93.    Temporary place of public entertainment capacity signage

Each temporary place of public entertainment structure must prominently display the required signs and wording for capacity and PCA notification in accordance with SEPP (Temporary Structures and Places of Public Entertainment) 2007

94.    No dogs allowed

Patrons and campers are not permitted to bring dogs (with the exception of trained assistance and police dogs) to events, Trained security guard dogs are allowed at all times, while under the control of a competent person.

95.    Rubbish Management Measures

All litter to be removed from the road reserves including Grays Lane, Tanner Lane, Old Brunswick Road, and local roads between Pacific Highway and site entry points where they adjoin the event site. The property is to be left free of all litter and solid waste at the end of the ‘bump-out’ of the event.

96.    Temporary food stalls and kitchens to comply with the NSW Food Act 2003

The applicant must ensure that all premises for the sale of food (including food for participants and staff) at the proposed event must comply with the following requirements:

a)         All food and food service premises must comply with the requirements of the New South Wales Food Act 2003 and Food Regulation 2004 (incorporating the Food Standards Codes) to the satisfaction of Council’s Environmental Health officers;

b)         All food business operators must hold a current food stall permit issued by Council prior to the sale of food at the venue;

c)         The applicant and all food vendors must comply with any reasonable directions issued by an authorised officer of Council;

d)         All liquid and solid wastes generated by food service premises must be adequately contained whilst on the site; and disposed of so as not to cause any nuisance or harm to the environment;

e)         Reticulated town water used in the preparation of food for sale must be kept clean and uncontaminated. All hose connections must be in approved food grade materials; and

f)         Electricity supplies for all proposed activities associated with temporary structures must comply with Australian Standard AS3002-1985 “Electrical installations – Shows and Carnivals”. Adequate electrical supply must be provided to ensure food storage appliances are capable of maintaining statutory temperature requirements.

97.    Alcohol Risk Management and free Drinking Water

The applicant shall comply with the requirements of the liquor license at all times. For large and medium events supply and maintain breath testing devices and facilities for educating patrons and monitoring the effects of alcohol to prevent road trauma and minimise off-site incidents of antisocial behaviour and assault. Such facilities shall be located near event exit points and be operational for the entire event, and or as specified in any Liquor License for the event.

Free drinking water is to be provided for consumption of staff and patrons. Such drinking water is to be obtained from the reticulated town water supply or any other source that satisfies the 2004 Drinking Water guidelines (NH and MRC 2004).The storage container and dispensing taps to be maintained in a sanitary and safe condition for the duration of the event. Free drinking water to be available at all times.

98.    Toilet Facilities

All toilet facilities must be located to ensure no offensive odour or spillage of contaminated wastewater is likely to cause nuisance or harm to public health or the environment. Separation distances and adequate privacy screening must ensure that no nuisance or public safety danger is created. Adequate toilet facilities as specified in the Development Consent are to be provided and maintained for the patrons, operators, and staff including disabled facilities for the duration of the proposed event.

All portable on-site sewage management facilities must be kept in a clean and sanitary condition at all times.

99.    Wastewater

Wastewater from toilet and shower facilities and Including liquid food wastes must be disposed of to a Byron Shire Sewage Treatment Plant, or an EPA licensed external provider.  Where Waste water is disposed to a Council facility, Council’s standard fees and charges will apply and the disposal to comply with any additional requirements of the STP operators. The event proponent to Contact Council a minimum of 30 days prior to any event to arrange such disposal.

100.  Traffic Management

Traffic control shall be managed in accordance with the approved traffic management plan/s during the event. All facilities established for events on public roads are to be removed from the public roads as soon as practicable after the event.

101.  Internal Roads, Pathways and Parking areas

The internal roads and pathways must be suitably maintained to provide all weather access during the event. Effective dust-control measures must be introduced and maintained in accordance with the approved erosion and sediment control plan for unsealed roads and pathways.

Sufficient parking marshals must be present in the car parks to direct patrons to selected parking areas, to direct pedestrians away from main traffic routes, and to prevent congestion on circulation roads.

Entry to large and medium events to include car parking in the ticket price within the site to discourage on-street car parking on roads within the vicinity.

102.  Access for emergency vehicles

Emergency vehicle access/egress must be maintained. Emergency vehicles and personnel must not be obstructed or prevented from conducting their necessary duties.

103.  Flood Evacuation and Monitoring

The flood evacuation/contingency plan must be available on site under the control of the site manager during the event. The site manager shall ensure all requirements of the plan, including staff induction and flood monitoring, are carried out in accordance with the plan.

104.  Implementation of the Approved KPOM and BCMP

Events on the site are comply with the requirements of the approved Koala Plan of Management and the Biodiversity Conservation Management Plan at all times.

General Terms of Integrated Development Approval

Section 100B of the Rural Fires Act 1997

1.       The proposed development is to comply with the plan titled, Bluesfest Even Area's, prepared by Newton Denny Chapelle, reference 15/049 and dated 13 August 2015, except where modified by conditions of this Bush Fire Safety Authority.

2.       Any open fires will require a NSW RFS Fire permit during the gazetted Bush Fire season. No open fires will be permitted on TOBAN days.

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

3.       Prior to each event, including setup and dismantle, the Parking areas A to G inclusive, Campgrounds 1 to 10 inclusive, and the Festival and Management precincts shall be managed as an inner protection area (IPA) as outlined

          within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

4.       Prior to each event, including setup and dismantle, the Campgrounds 11 and 12, and the Overflow Car Park shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'. With the exception that new plantings for the Koala Plan of Management are permitted to increase canopy cover to >15%, provided that no planting occurs within the identified 20m asset protection

zone and the plantings are located to accommodate a 2 m spacing between canopies when mature.

5.       Prior to and for the duration of each event, the property around the campgrounds, car parking and event structures, to a distance of 20 metres, in accordance with the plans titled Events DA Full Site Plan, prepared by Newton Denny Chapelle, reference Site Plan 1 and dated 4 November 2015, shall be maintained as an Inner Protection Zone in accordance with Planning for Bush Fire protection 2006 and the RFS 'Standards for Asset Protection Zones' 2005.

6.       To allow for emergency service personnel and event management to undertake property protection activities, a defendable space of 10 metres is to be provided around the boundary of the camping, car parking and festival site. The defendable space shall have no obstructions and permit vehicle access to the bush fire hazard and/or property boundary.

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

7.       Water, electricity and gas are to comply with sections 4.1.3 and 4.2.7 of 'Planning for Bush Fire Protection 2006'.

Access

The intent of measures for internal roads is to provide safe operational access for emergency services personnel in suppressing a bush fire, while residents are accessing or egressing an area. To achieve this, the following conditions shall apply:

8.       Property access roads including internal roads, shall comply with sections 4.1.3(2) and 4.2.7 of 'Planning for Bush Fire Protection 2006'

Evacuation and Emergency Management

The intent of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments. To achieve this, the following conditions shall apply:

9.       Prior to each event, an Emergency Management Evacuation Plan is to be prepared in accordance with the NSW Rural Fire Service Guidelines for the Preparation of Emergency/Evacuation Plan and comply with Australian Standard AS 3745 2002 'Emergency Control Organisation and Procedures for Buildings Structures and Workplaces for Residential Accommodation'.

10.     The Emergency Management and Evacuation Plan shall be submitted to the RFS District Office no less than 60 days prior to the date of each medium and large event. The Emergency Management and Evacuation Plan is to be to the satisfaction of the RFS District office prior to the set up of each medium and large event. Small, Medium and Large events are as described in the Bush Fire Hazard Assessment prepared by Sean Cochran of GeoLINK, reference 1896-1076 and dated 14 May 2015.

Notes

Koala Plan of Management

In accordance with advice from the Office of the Environment and Heritage dated 12/2/15 monitoring of Koala can be carried out by less invasive means other than radio tracking. Future monitoring of koalas can be carried out by Spot Assessment Technique (scat survey), direct observation through walking transects, spotlighting or remote camera use.

Other approvals under the Water Management Act 2000

A controlled activity approval under the Water Management Act 2000 must be obtained from the Department of Primary Industries (Water) for certain types of developments and activities that are carried out in or near a river, lake or estuary, or for dewatering.

Prevention of water pollution

Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act.

Holders of public liability insurance

The Organisers and all of their consultants and sub-contractors involved in carrying out work on public roads during infrastructure construction works, the installation and removal of traffic management measures and the control of traffic during the event, are to hold public liability insurance in the sum of not less than $10 million. Documentary evidence of currency of insurance for the Organisers and all consultants and sub-contractors is to be submitted to Council prior to the commencement of any work on the public roads. No consultant or sub-contractor will be permitted to work on the roads until such time as this evidence has been produced. Council is not held responsible for any negligence caused by the undertaking of the work.

Work Cover Requirements

All activities shall comply with all WorkCover Authority safety requirements and the Work Health and Safety Act 2011.  Work Cover Authority documentation shall be complete and available for inspection by authorised officers as required.

Amusement Devices

Separate approval under Section 68 of the Local Government Act 1993 to be obtained for any amusement device.

Water Meter Reading

The applicant is to liaise with Council regarding the recording of water meter readings prior to the first event on the site

Smoke Free Environment Act 2000

No smoking of tobacco products is permitted within enclosed eating and food preparation areas, bar areas and stalls as required by the Smoke Free Environment Act 2000. No tobacco products to be sold in contravention with the Public Health Act 1991. In particular, note that section 57A prohibits the sale of tobacco products from any booth, tent or other temporary enclosure.

Food Businesses

All food businesses shall be approved under Council’s permit system to ensure safe food standards can be achieved. The event site shall be registered on the NSW Food Authority database (www.foodauthority.nsw.gov.au) to comply with the Food Standard Code 3.2.2 Clause 4.

Food handling/storage:

The NSW Food Act 2003 provides specific conditions relating to the handling and storage of food.  Council’s Environmental Services must be consulted to determine any requirements relevant to this consent.

Potable Water

All water carters transporting potable water for the festival event are to be registered with Council. All water carters providing potable water to the event are to source water only from a water supply that meets the NHMRC/ARMCANZ ‘2004 Australian Drinking Water Guidelines’. Hoses and fittings used by water carters are to be of food grade material and must be capped or stored in a dust proof container during transport or when not being used. Hoses and fittings are to be kept in a clean and sanitary condition. No temporary food businesses on the site to operate unless potable water can be provided, and maintained.

Mosquito control programs

No mosquito control programs using pesticides (apart from the use of personal insecticides) are approved under this consent.

No long term use within camping areas

No approval has been issued for the temporary camping areas to be used as a long term residence.

Fees and Charges

Any mandatory inspections by Council staff during an event will be charged a fee in accordance with Councils adopted fees and charges.