Declared smoke-free outdoor areas and events

Local councils and other incorporated bodies can apply to have an outdoor area or event declared smoke-free (which al means it is vape-free).

What is the purpose of this law?

Sections 51 and 52 of the Tobacco and E-Cigarette Products Act 1997 allow local councils, government departments and other incorporated bodies to identify and apply to have certain outdoor areas or events declared smoke-free and vape-free. This allows the area or event’s no-smoking and no-vaping status to be enforceable. Examples of where these declarations have been made include Henley Square, Moseley Square, Bowden Town Square, and at the Ceduna Oysterfest.

Who can apply?

Applications can be made by local councils, government departments and other incorporated bodies. Individuals can seek declarations through their local council.

Incorporated bodies include groups that run major events such as festivals, shows and music events.

Smoking zones within declared smoke-free outdoor areas or events

Sometimes it may be impractical to totally prohibit smoking in an area, for example it may be difficult to manage pass-outs at ticketed events. In these instances, applicants can specify areas where smoking will be allowed and this will be considered as part of the application.

Application process

Applications can be made for short or long-term areas and events.

Before making an application, please contact Preventive Health SA at preventivehealthsa.tobaccocontrolunit@sa.gov.au to discuss your proposal.

See the application guide (PDF 377KB) for more information about the process.

Short term events - up to 90 days

For short term events the Minister for Health and Wellbeing has the power to declare a smoke-free area. Examples include:

• sporting carnivals
• fetes
• pageants and other community events

Short term applications should be submitted at least eight weeks before the event.

Long term events

Longer-term areas and events are declared smoke-free by Regulation. These are declarations that continue for more than 90 days, and are often ongoing.

Applications need to be submitted at least six months before the declaration is made (not including the lead-in time before commencement).

Application requirements

Applications need to include:

• The time period that the smoke-free areas will apply, including the lead-in time before commencement.
• A clear rationale for why the declaration is sought.
• A detailed description of the area or event including a map.
• Evidence of consultations with stakeholders, including relevant community and industry groups that may be impacted by the event.
• Documentation of any other impacts on the area and its surrounding area that may be caused by the declaration, and how these impacts will be addressed.
• An enforcement plan.
• A communication strategy showing how the public will be notified of the smoke-free status of the area or event, including information on signage and enforcement strategies.
• An evaluation plan to inform future declarations.

Enforcement

Local councils that apply for a smoke-free area are expected to demonstrate that they can enforce the smoke-free area by having their own authorised officers under the Tobacco and E-Cigarette Products Act 1997.

While fines can be issued for people smoking or vaping in these areas (with fines up to $5,000 and on-the-spot expiation fees of $315), usually an educative approach with clear signage and communication with smokers and vapers is able to achieve compliance.

While event organisers are unable to apply to have authorised officers, enforcement of the smoke-free area can be managed by staff and security officers asking patrons not to smoke and removing patrons from the event if they refuse to stop smoking. Staff and security officers cannot issue fines.

Authorised officers

To make an application for officers to be authorised, download complete and submit the Authorisation of a Local Government Officer Form (PDF 149KB).

For more information on the role of, and process for appointing, authorised officers, contact Health Protection Operations at health.hprsmokecompliance@sa.gov.au.

What if I operate a business within an event venue that has been declared a major event?

Business owners are encouraged to place signs adjacent their premises to help inform and educate the public. Items that facilitate smoking such as ashtrays must not be present in areas accessible to the public.

See Major events are smoke and vape-free (PDF 155KB) for further information on operating a business within a declared major event. 

For more information

For more information on declaring smoke-free outdoor areas and events, please contact Tobacco and E-cigarette Unit, Preventive Health SA at preventivehealthsa.tobaccocontrolunit@sa.gov.au