New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 37A

37A Special provision for clubs establishing in new development areas

(1) In this section--

"new development area" means an area of land in a Band 1 LSA or Band 2 LSA that--

(a) is identified by an environmental planning instrument as an urban release area (or such other description as the Authority considers to be similar), and

(b) does not, in the opinion of the Authority, have the full benefit of the services and facilities of the kind provided by clubs.

(2) A class 1 LIA may be provided with a threshold increase application in relation to the premises of a club that are situated in a new development area if--

(a) the number to which the application relates is not more than 150, and

(b) the Authority is satisfied that the acquisition of a corresponding number of gaming machine entitlements in respect of those premises would not increase the density of gaming machines in the local statistical area in which the premises are situated to the extent that the classification of the area is affected.

(3) The following provisions apply if any such class 1 LIA is approved--

(a) only one gaming machine entitlement for every 2 transfer blocks is required to be forfeited to the Authority under Division 2 of Part 3 in respect of the first 50 gaming machine entitlements that are transferred to the premises after the approval of the LIA,

(b) the club has up to 5 years from the date of the approval in which to acquire gaming machine entitlements for the number of gaming machines to which the threshold increase relates (the club's
"special class 1 quota" ),

(c) if, at the end of that 5-year period the club has not acquired gaming machine entitlements for its special class 1 quota, the Authority is to decrease the gaming machine threshold for the premises in accordance with the portion of the special class 1 quota that is not used during that period.

(4) This section has effect despite any other provision of this Division.