Applying to the Music Festivals Appeal Panel

A Music Festivals Appeal Panel has been convened to review applications which demonstrate that exceptional circumstances exist, and where payment of the charges would otherwise threaten the long-term viability of the event being held.

Applicants must satisfy that their case meets the detailed eligibility and assessment criteria outlined in the Music Festivals (Music Festivals Panel) Order 2025. 

Which music festivals can apply?

Eligibility criteria

A music festival that:

• is an advertised event that calls itself a music festival, consists of at least five performances, is marketed under a single banner with a collective running time of at least five hours
• is a paid and ticketed event presented in NSW which has occurred in NSW at least twice over the last 10 years
• programs new and original contemporary music, with music the primary and advertised focus of the festival
• is Australian owned or part Australian owned
• can demonstrate/legally declare solvency, before user pays charges are applied
• in the past three years, has not had any breaches of the Music Festival Act 2019 or any demerit points incurred under the Liquor Act 2007, associated with:
  • a music festival, or an event related to a music festival, for which the music festival organiser was the organiser in the 3 years immediately before the date on which the proposed music festival will start, or
  • if any of the last 3 music festivals, or events related to music festivals, for which the music festival organiser was the organiser were held more than 3 years before the date on which the proposed music festival will start — at any of the 3 music festivals or events

Assessment criteria

• That exceptional circumstances exist that have driven the need for financial relief.
• That payment of user charges would threaten the financial viability of the music festival.
• The festival can demonstrate the event would provide tourism for NSW, including intrastate and interstate visitors and visitor nights.
• The festival can demonstrate how the fee relief will be spent by the organiser to address the short term, unavoidable issues.
• The festival can demonstrate how the successful delivery of the music festival would grow and support the live contemporary music ecosystem in NSW.
• That the festival organiser can demonstrate that they have applied for an internal review of the charges and the review did not result in a fee reduction, or the fee deduction was inadequate, or that an internal review as not possible due to the timing of the exceptional circumstance. 

Which music festivals are not eligible to apply?

A music festival that:

• has already taken place
• is presented outside of NSW
• does not program new and original contemporary music
• does not have the primary and advertised focus of the festival as new and contemporary music
• cannot demonstrate or make a legally binding declaration of solvency
• has not occurred in NSW at least twice in the last ten years
• has 100% international ownership
• cannot demonstrate that exceptional circumstances apply, and that payment of the user pays charges would threaten the viability of the music festival
• cannot demonstrate a good compliance history under music festivals and liquor legislation.

What costs can you apply for?

Music festival organisers can apply for an amount payable to the State or a government agency in relation to the music festival to be waived or reduced.

What costs are not supported?

Charges that are not payable to the State or a government agency in relation to the music festival. 

Application requirements

In addition to demonstrating how a festival meets the eligibility and assessment criteria, music festival organisers are required to include in their application:

• user charges quotes and/or invoices received from NSW Government agencies
• a completed budget (a template is provided in the application form) of the proposed event, covering:
  • actual and proposed income and expenses
  • ticket sales including area of purchaser from the prior two events and projected sales for this event
  • details of the costs of the exceptional circumstance
• audited financial statements from either:
  • the two most recent financial years, or
  • where the financial statements do not cover the year the festival was held, the financial years covering the period the festival was held
• user charges that the event has been levied in previous years.

After the application is submitted

The Music Festivals Appeal Panel must determine the application outcomes at least 4 weeks prior to the event. Applicants are encouraged to submit applications as soon as possible, to enable earlier determination to be made.

The applicant will receive notification of the assessment outcome via return email and a summary of the decision will be published on the Decisions of the Music Festivals Appeal Panel page.

Start the application

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Collection notice

Personal information you provide is collected by the Department of Creative Industries, Tourism, Hospitality and Sport (Department). Information collected will only be used by the Department for the purpose of managing your application to appeal against the imposition of government charges in relation to music festivals in accordance with the Music Festivals Act 2019 (the Act). For example, we may use your information to:

• contact you and request additional information about your application
• determine whether your application meets the assessment and eligibility criteria set out in the Act and the Music Festivals (Music Festivals Panel) Order 2025 (the Order)
• advise you on the outcome of your application

Under the Act, we may be required to disclose personal information for the purposes of assessing your application. For example, the Department:

• must refer all applications received to a music festival panel comprising of representatives from the Premier’s Department and Destination NSW
• may consult with the relevant government agency imposing the charges and request further information from them regarding your event. In these cases, the Department may be required to disclose your personal information to the agency
• must advise the head of the agency to whom the fee is (or would have been) payable about the outcome of your application

We will not disclose your personal information to any other party without your consent or unless we are authorised or required to do so by law.

Providing us with the personal information is voluntary and not required by law. However, if you choose not to provide us with the requested information your application may not be considered by the Department.

You may request access to your personal information at any time. To access or update your personal information, or for more information on our privacy obligations, ask to speak to the Department’s Privacy Coordinator who can be contacted at information@dciths.nsw.gov.au.