Costly NSW festival laws to be revamped, all-age music events encouraged

The NSW government is set to dump a controversial provision blamed for driving up ticket prices at music festivals, while also introducing measures to make it easier for organisers to stage all-age music events.

The new laws will be introduced to parliament as soon as this week with $3 million allocated as a two-year emergency package to ensure the viability of festivals as they weather economic headwinds that have forced the cancellation of about a dozen festivals.

Splendour in the Grass was cancelled in a tough year for Australian music festivals.Credit: Stephen Booth

But it’s unclear if the state government plans to overhaul controversial user-pay policing charges paid by festival organisers.

Minister for Music and the Night-time Economy John Graham will announce the long-awaited amendments to the Music Festivals Act 2019 following a review that found NSW festivals were the most regulated in Australia.

The amendments, approved by state cabinet, aim to shift the focus of festival legislation from security to the health and safety of patrons.

Australian Festivals’ Association said the reforms signalled “an end to the war on music festivals” started under the former Coalition government.

Under legislative changes introduced in 2019, the Independent Liquor and Gaming Authority takes recommendations from police and NSW Health to decide whether a music festival is “subject” or high risk, meaning organisers must meet higher medical and harm reduction standards and submit a safety plan.

The Minister for Music and the Night-time Economy, John Graham.Credit: Dion Georgopoulos

The proposed revamp would replace the costly high-risk classification with a festival-wide stipulation that all organisers prepare a health plan.

Only select events will be required to have the formal agreement of NSW Health. Police will have no role in enforcing the health management plans, according to a brief.

NSW Police will retain the ability to recommend safety and law enforcement measures for festivals where they are deemed necessary.

If supported, the minister will also be able to impose “common sense” limitations on conditions governing all age events. That would, for example, allow children aged 16 and 17, who are currently excluded from licensed events, to attend in the company of a responsible adult.

Licensees will be able to defend themselves from fines if they have made reasonable attempts to establish that the minor is being chaperoned.

Greens MP Cate Faehrmann raised concerns about the retention of user-pays government charges.Credit: Rhett Wyman

The changes follow intense pressure from the festival industry and the Greens, and come after it was revealed that user pays policing was driving up the cost of festival tickets.

This month, organisers of Sydney’s Mode Festival claimed heavy police presence required under the provisions had added $30 to the prices of their popular Cockatoo Island event.

Meanwhile, House of Mince, a queer DJ party collective, on Friday announced that it had cancelled its single-day house-music party set for October at the restored White Bay Power Station because of expected policing costs.

Greens MP Cate Faehrmann, who has pushed for the changes, raised concerns that the revamp would retain costly user-pays government charges.

“Particularly by the police who have been charging up to 12 times what other states charge for exactly the same festival,” she said.

“It’s also concerning that the provision for organisers to appeal any changes imposed will commence at a later date, which sounds too late to save music festivals from exorbitant government charges this summer.”

A review of festivals’ act, promised by the Minns government at the state election, found existing legislation introduced five years ago had improved safety operations and practices. However, safety management plans required of organisers had “evolved in its scope away from the act’s initial focus on medical and harm reductions matters”.

The current framework had resulted in “significantly higher” costs to operate festivals in NSW compared to all other parts of Australia, the review said.

It’s been a tough year for Australian music festivals with a number of high-profile events such as Falls Festival and Splendour in the Grass cancelled. Bluesfest has announced 2025 will be its final year.

The new funding will be available from this month to June 30, 2026 for festivals with a capacity of 15,000 people or more.

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