New South Wales Consolidated Regulations
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SMOKE-FREE ENVIRONMENT REGULATION 2016 - REG 4
Courtyards and gardens adjoining buildings
4 Courtyards and gardens adjoining buildings
(1) In this clause:
"applicable courtyard or garden" means a courtyard or garden that: (a) adjoins
a building, and
(b) is substantially surrounded by a fixed fence, wall or
other similar structure, and
(c) is set aside for persons using the adjoining
building, and
(d) does not form part of any public thoroughfare that is
generally used by pedestrians, other than persons using the adjoining
building.
(2) For the purposes of section 6A (1) (l) of the Act, an outside
area that is a public thoroughfare, footpath or street is prescribed as a
smoke-free area if it is within 4 metres of an entrance to or exit from an
applicable courtyard or garden.
(3) For the purposes of section 6A (4) of the
Act, section 6A (1) (i) does not apply in respect of a pedestrian access point
to a building if the pedestrian access point is an entrance to or exit from an
applicable courtyard or garden that adjoins the building.
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