New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 35

35 Requirements relating to threshold increase applications

(1) Except as provided by this section, a threshold increase application must be accompanied by a local impact assessment (
"LIA" ). An LIA, if required, is to be a
"class 1 LIA" or a
"class 2 LIA" as determined by this section.

(2) When LIA is not required A threshold increase application is not required to be accompanied by an LIA if the application is made together with a transfer or lease application and any one or more of the following apply--

(a) the relevant venue is situated in a Band 1 LSA and the threshold increase application, if approved, would not result in the gaming machine threshold for the venue being increased, over any period of 12 months, by a number that is more than the number corresponding to a low-range increase for the venue,

(b) the relevant venue and the hotel or club from which the gaming machine entitlements or permits are proposed to be transferred or leased by the transfer or lease application (the
"transferring/lessor venue" ) are situated in the same local statistical area,

(c) the relevant venue and the transferring/lessor venue are situated in the same local government area and the classification of the local statistical area in which the transferring/lessor venue is situated is the same as or ranked higher than the classification of the local statistical area in which the relevant venue is situated,

(d) the relevant venue and the transferring/lessor venue are situated in adjoining local statistical areas (whether or not in the same local government area) and the classification of the local statistical area in which the transferring/lessor venue is situated is the same as or ranked higher than the classification of the local statistical area in which the relevant venue is situated.

(2A) For the purposes of subsection (2), a
"transfer or lease application" means either or both of the following--

(a) an application under section 19 or 25 for the Authority's approval of the transfer or lease of gaming machine entitlements to the relevant venue,

(b) an application under and in accordance with the arrangements referred to in section 26 for the acquisition by the relevant venue of permits.

(2B) If a threshold increase application that is not required to be accompanied by an LIA is approved, the applicant must within 1 month after the approval provide a local impact statement for the venue (containing such information about the venue and the impact of the approved increase as the Authority may determine) to such persons and bodies as the applicant would have been required to notify of the proposed application had it been required to be accompanied by a class 2 LIA.

(3) When class 1 LIA is required A threshold increase application must, unless subsection (2) applies in relation to the application, be accompanied by a class 1 LIA if the relevant venue--

(a) is situated in a Band 1 LSA and the application is for a mid-range increase in the gaming machine threshold for the venue, or

(b) is situated in a Band 2 LSA and the application is for a low-range increase in the gaming machine threshold for the venue.

(4) When class 2 LIA is required A threshold increase application must, unless subsection (2) applies in relation to the application, be accompanied by a class 2 LIA if the relevant venue--

(a) is situated in a Band 1 LSA and the application is for a high-range increase in the gaming machine threshold for the venue, or

(b) is situated in a Band 2 LSA and the application is for a mid-range or high-range increase in the gaming machine threshold for the venue, or

(c) is situated in a Band 3 LSA.

(5) For the purposes of this section, a
"low-range increase" , a
"mid-range increase" or a
"high-range increase" in a gaming machine threshold for a venue is to be determined in accordance with the regulations.

(6) The regulations may make provision for or with respect to the following--

(a) the information to be provided by an LIA,

(b) the requirements that must be complied with in relation to an LIA, which may include a requirement to verify any information by statutory declaration,

(c) the matters to be assessed or addressed by an LIA,

(d) the advertising of LIAs,

(e) the making of submissions in relation to LIAs.

(7) The regulations may also create exceptions to this section and provide for the conditions to which any such exception is subject.

(8) Except to the extent to which the regulations make provision, an LIA is to be provided in the form and manner approved by the Authority.