Changes to the requirement for public liability insurance
Under the Public Unleased Land Act 2013, a permit is required to use public land in the ACT when the proposed activity may impact on the amenity or other people's enjoyment of the area.
Transport Canberra and City Services (TCCS) regulates the use of public unleased land in the ACT and issues land use permits for activities on public land. Some activities may not require a permit, such as small private and recreational activities that are not open to the general public and have a defined number of participants.
Typically, a temporary traffic management (TTM) plan is required when the scale or nature of an activity disrupts traffic, impacts on parking or public safety, and/or has the potential to cause neighbourhood tension by attracting significant traffic to the street (e.g. Christmas light displays).
However, TCCS has the discretion to waive the TTM fees and pay for the development of a TTM plan in some circumstances. For example for not-for-profit community events. TCCS does not recover costs or impose fees on event organisers of protests or marches.
For further information see the TTM plans page.
What’s changed?
The Parliamentary and Governing Agreement of the 10th Legislative Assembly contains a key administrative reform and priority area to:
‘Better support for democratic participation through reducing traffic control costs for protests and extend public liability insurance for small community activities on certain public land.'
Reducing traffic control costs for protests
No changes have been proposed to traffic control costs for protests. As described above, there are already measures in place to address this.
Extend public liability insurance for small community activities
Previously, all activities requiring a land use permit required the applicant to have public liability insurance to the value of $20,000,000 (minimum). This requirement was prohibitive for some community groups and individuals.
In response to the above reform, TCCS reviewed the requirement for permit holders to have public liability insurance. Where a business, commercial entity or incorporated group is involved, those organisations will still require their own appropriate public liability insurance. However, TCCS will extend its public liability insurance to cover some low risk non-commercial or not-for-profit activities for groups that do not have their own standing public liability insurance as listed in the table below, subject to the information provided, a permit being granted, and conditions being met.
For all other activities or requirements not listed in the table, applicants are required to have public liability insurance.
Table 1: Low risk non-commercial or not-for-profit activities for which TCCS may extend its public liability insurance cover. The event must have no more than 75 people attending at any given time, and meet all of the following conditions:
Additional services/infrastructure associated with proposed activity | Conditions |
---|
Gate access - vehicle | - 7 am to 10 pm Monday to Friday, or 9 am to 10 pm Saturday and Sunday
- Vehicle access limited to 1 vehicle plus trailer.
- Vehicle/s must be under 4 tonnes.
- TTMs may be applicable.
- Vehicles may not be allowed to remain in some parks (i.e. access allowed for transporting event items to the site only).
- When undertaking an event on irrigated land, care must be taken to avoid areas with irrigation infrastructure, as marked by TCCS.
|
Gate access - pedestrian | - 7 am to 10 pm Monday to Friday, or 9 am to 10 pm Saturday and Sunday.
|
Access to power | - 7 am to 10 pm Monday to Friday, or 9 am to 10 pm Saturday and Sunday.
- Nil or temporary low voltage power requirements (i.e. multiple outlets or 3-phase power are not permitted).
|
Structures For example: - Gazebo 3m x 3m (no pegs)
- Tables and/or chairs
- Barbecues
- Festive decorations within designated criteria
- Marquees (with pegs)
- Tents (with pegs)
- Stages
| - When undertaking an event on irrigated land, care must be taken to avoid areas with irrigation infrastructure, as marked by TCCS.
- A policy outlining the criteria for festive decorations is available from the ACT Government.
|
Serving food | |
Serving alcohol | - Private supply, non-commercial (i.e. BYO).
|
Further Information
For further information about land use permits, including when and how to apply, what additional documentation may be required (e.g. temporary traffic management plans, a risk management plan, a liquor licence and/or an outdoor dining permit) and associated fees, visit the Public-land use page on the City Services website.
For further assistance please contact TCCS.publiclanduse@act.gov.au or phone 13 22 81.