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Smoke-free legislation

Smoking laws were changed in 2012, making it illegal to smoke in some outdoor spaces including:

  • public swimming pool complexes
  • public transport stops and stations
  • spectator areas at public sports grounds and other recreation areas during organised sporting events
  • within 10 metres of children's play equipment in outdoor public places
  • within four metres of a pedestrian entrance to a public building.

In 2015 smoking was banned in outdoor dining areas, which includes footpaths outside licensed cafes and pubs. Smoking is not permitted within four metres of these areas. However, licensed premises can have a designated outdoor smoking area, provided it is not located within four metres of the seated dining area.

Smoking is also banned in all enclosed public places, including shopping centres, libraries, cinemas, trains and buses.

These bans are enforced to protect people from harmful second-hand tobacco smoke.

NSW Health fact sheets

What legislation applies to the smoking bans?

Who is responsible for enforcing smoke-free legislation?

The NSW Government is responsible for regulating smoking in public places.

Eurobodalla Shire Council staff are not authorised to enforce NSW smoke-free legislation.

NSW Government Health inspectors can provide education to the public on smoking bans, and work with property and building owners to display smoke-free signage and remove butt bins, where appropriate.

Complaints about smoking in public spaces should be lodged with NSW Health for investigation. To make a complaint about smoking in public spaces, you can call:

  • T: 1800 357 412

More information

We can help you

If you need more information about smoke-free legislation, please contact our Public and Environmental Health Team: