Smoke-free Environment Regulation 2016 (2016-558) (NSW)

Smoke-free Environment Regulation 2016

1 Name of Regulation This Regulation is the Smoke-free Environment Regulation 2016.

2 Commencement This Regulation commences on 1 September 2016 and is required to be published on the NSW legislation website.

Note— This Regulation replaces the Smoke-free Environment Regulation 2007, which is repealed on 1 September 2016 under section 10 (2) of the Subordinate Legislation Act 1989.

3 Definition (1) In this Regulation: the Act means the Smoke-free Environment Act 2000.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) Notes included in this Regulation do not form part of this Regulation.

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.