The NSW Government has passed world-first legislation it says will secure the long-term future of the state’s contemporary music industry.
The Contemporary Music Act 2026 is a commitment under the NSW Government’s 10-year Contemporary Music Strategy and enshrines vital protections for music festivals, concerts and venues to uplift and promote the live music industry as a cornerstone of the state’s cultural identity and as a key employer and contributor to the economy.
Minister for Music and the Night-time Economy, John Graham said the legislation provides vital protections for the NSW music industry.
“Important and common-sense changes, like updating the definition of concerts so smaller events aren’t wrongly classified as large scale music festivals and slugged with more red tape, will encourage more live music programming at events across the state, which leads to more jobs for local artists and more live music for fans,” he said.
“We’ve already introduced a massive range of support for contemporary and live music in this state. This world first legislation is about building a sustainable future, and helps venues and fans relax, and enjoy their next great gig.”
The legislation includes:
- Establishing a Music Venue Recognition Scheme: Will see a three-tier system set up to recognise ‘dedicated’, ‘significant’ and ‘live music’ venues. This will tailor the most effective government support – including extended trading hours and government grants. The scheme will also incentivise venues to host new, original live music regularly. The venue recognition scheme is expected to launch later this year.
- Updated definitions for concerts to support more local acts: Concert organisers will no longer be punished by being declared a ‘large scale music festival’ just because they hosted more than 4 acts at the same event. Now organisers can expand event line-ups without triggering the regulatory requirements of a festival. This supports local artists, local venues and local concert goers, and streamlines processes for organisers.
- New noise assessment methodology for outdoor events: Noise levels at music festivals and major events at Government sites including Centennial Park, the Domain and the Sydney Opera House will monitor sound using a standard average over time metric. This will cut the number of noise breaches for concerts and festivals due to a short burst of sound or even a gust of wind – which sees venues and organisers hit with extra costs.
- Dispute resolution support for live music venues: Dedicated and Significant Venues under the recognition scheme will also be able to access free mediation support from the NSW Small Business Commission. A referral to mediation will also pause court proceedings while a dispute is being reconciled.
- End music genre-based discrimination: The bill will put an end to state government agencies and local councils making decisions on live music events solely based on the genre of music. This includes licensing conditions, development applications and event approvals.
- Enshrining human creativity: In an age where AI is threatening original music, films and other creative arts, this legislation is vital in enshrining the importance of human creativity in NSW law. The NSW government is making a concerted effort to advocate for and promote artists and their work during the AI boom.
- Guiding principles for the industry: The Act will also strengthen and empower the state’s music industry by providing guiding principles for government agencies, including local councils, to ensure live music is supported, fees are reasonable, and risk assessments are not based solely on music genre. It will also allow the NSW Government to advocate on behalf of the NSW contemporary music industry on emerging technologies and remuneration of creative workers, including performers, artist managers and copyright holders.
Association of Artist Managers (AAM) Chair, Jess Keeley said the Association was celebrating the changes to the Entertainment Industry Act, after more than a decade of advocacy.
“Theses change will now ensure that artist managers are formally recognised as their own essential role in the music ecosystem, and who’s contribution is worth protecting,” she said.
Head of Sound NSW, Emily Collins said the Act was important recognition for an industry that makes a significant impact on the lives of people from NSW.
“The changes will provide greater certainty for industry, government and event organisers, supporting continued growth, encouraging investment and cementing NSW as a global music destination,” she said.
