What is the Commercial Activities on Council-managed land Policy?

    The Policy aims to enable public spaces to be used for commercial and community purposes in a safe and harmonious manner. Temporary Licences ensure that Council-managed land is used appropriately by commercial operators, is not overused and is properly maintained. It aims to give the community certainty that commercial entities are correctly insured and licensed to operate in nominated locations.

    Who is impacted by the Policy?

    All businesses who use Council-managed land including but not limited to beach or water operators, personal or group trainers, boot camps, fitness, semi-permanent food vendors. The proposed Policy will not impact on community or not-for-profit users of Council-managed land.

    What is a Temporary Licence?

    A Temporary Licence allows short-term and generally low impact commercial activities on Council-managed land that do not diminish the availability and use of the space for which it was set aside. A Temporary Licence will generally have conditions attached relating to hours of operation, access etc.

    How does a business benefit from the Policy?

    If issued a Temporary Licence a business can expect:

    • To operate legitimately in the nominated location/s.
    • Well maintained spaces.
    • A Certificate and identification to let people will know that a business is approved to operate in that location.
    • A listing on Council’s website as an approved operator.

    How does the community benefit from the Policy?

    • Protection from overcrowding or excessive competition for the enjoyment of Council-managed land.
    • Improved access to guided wellness activities throughout the LGA.
    • Well maintained spaces, with a contribution from operators toward managing the impact of commercial activities.
    • Easy identification of businesses permitted to operate on Council-managed land.
    • An opportunity to provide feedback on commercial activities on Council-managed land.

    Who needs a Temporary Licence?

    The Policy requires any business conducting an activity of a commercial nature on Council-managed land to have a temporary licence.

    How long is a Temporary Licence issued for?

    12 months or less. NSW Government legislation does not permit a term exceeding 12 months.

    Why does a business need a Temporary Licence?

    All Temporary Licence applications are assessed against current usage patterns and current approved use of Council-managed land. By having an approved Temporary Licence, commercial operators gain certainty about the future use and access to some of Port Macquarie’s most stunning locations for their activities. Council monitors community feedback about commercial activities on Council-managed land, and manages compliance to avoid - where possible - conflicting activities and land use in our region.

    Does a business need Development Approval under this proposed Policy?

    The Policy generally replaces the need for a DA with a Temporary Licence - making it far easier for commercial activities to occur on a conditional basis. Activities likely to have a high impact or involve high levels of risk may still require a DA.

    What does a business need to apply for a Temporary Licence?

    • ABN
    • Insurance - Certificate of Currency
    • A Risk Management Plan and Emergency Management Plan relevant to the location/s of the activity
    • Preferably a membership and/or accreditation with a recognised industry body

    How does a business or someone with a business idea apply for a Temporary Licence?

    Using the Temporary Licence Application Form available from Council. Applications will be assessed by an internal panel, or Council’s Executive Group if exceptional circumstances exist.

    How is a Temporary Licence application assessed?

    Applications will be assessed against the criteria set out in the Policy. Council may consult any stakeholder or impacted party as part of the assessment process.

    When can an Application for Temporary Licence be lodged?

    At any time.

    How long does it take for a Temporary Licence application to be assessed?

    Within 30 days from the date of receipt of the application, or amended application if an applicant is asked to provide additional information.

    What happens if a business operates without a Temporary Licence?

    Failure to hold a Licence or take reasonable steps to obtain a Licence will result in the issue of a notice to cease the activity or a fine.

    How much does a Temporary Licence cost?

    From $470.00 per annum, less if you intend to operate for a period of less than 12 months. An annual application fee of $145.00 or renewal fee of $70.00 also applies.

    Can a business sell or transfer a Temporary Licence?

    No. Any new business or new business owner must apply for a Temporary Licence.

    What is the revenue raised from the Temporary Licence fee used for?

    All revenue raised is being reinvested in the maintenance and upgrade of Council-managed land where commercial activity takes place.