The Mutual Recognition Scheme is a new initiative designed to simplify the approval process for mobile businesses operating across multiple council areas. Under the scheme, councils are provided new legislative powers to recognise each other’s approvals issued under Section 68 Part D1-6 and F7 of the Local Government Act 1993.

Instead of requiring a mobile business to obtain separate ‘Section 68’ approval from each council where they intend to operate, holders of eligible approvals may seek to have a current approval recognised with other councils, reducing the administrative and cost burden.

The Mutual Recognition Scheme applies to any approval issued under Section 68 Part D1-6 and F7 of the Local Government Act 1993.

Part D: Community Land

• D1 – Engage in a trade or business
• D2 – Direct or procure a theatrical, musical or other entertainment for the public
• D3 – Construct a temporary enclosure for the purpose of entertainment
• D4 – For fee or reward, play a musical instrument or sing
• D5 – Set up, operate or use a loudspeaker or sound amplifying device
• D6 – Deliver a public address or hold a religious service or public meeting

Part F: Other Activities 

F7 – Use a standing vehicle or any article for the purpose of selling any article in a public place

The Mutual Recognition Scheme does not prescribe specific business types and instead applies to “Activities” which are assessed and approved under Section 68 Part D1-6 and F7 of the Local Government Act 1993.

Examples of common mobile business activities which are approved under these parts include:

• Mobile Food Vendors trading in public places who are approved under Section 68 Part F7
• Outdoor Fitness Providers operating on Community Land who are approved under Section 68 Part D1
• Buskers operating on Community Land who may receive approval under Section 68 Part D4 and D5

While the above list of illustrates common eligible mobile business activities, the Mutual Recognition Scheme is flexible with councils able to recognise any approval issued under the parts.

The Mutual Recognition Scheme commenced in September 2025 and is available to all NSW Councils and holders of eligible approvals.

Principal Approval refers to any standard approval issued under Section 68 Part D1-6 and F7 of the Local Government Act 1993.

A Principal Approval forms the basis of mutual recognition. For the approval holder, they will use this to seek recognition with another council and for councils this will be used to determine eligibility for recognition.

A Request for Recognition is a formal request submitted by a mobile business to a secondary council, seeking recognition of a Principal Approval to operate in that council area.

A Recognition Certificate is a formal notification of acceptance of recognition provided by a secondary council to a mobile business.

A secondary council refers to any NSW council where a Mobile Business with a Principal Approval wishes to operate and request recognition.

Yes, both existing and newly issued standard approvals are considered Principal Approvals under the Mutual Recognition Scheme, however they must still be within the approval validity period and not expired to be used for recognition with another council.

The term “discretion” in relation to Mutual Recognition means that while the Mutual Recognition Scheme is available to all NSW councils to use from the commencement date, it is not mandatory for councils to automatically recognise every eligible approval issued by another council.

Under the Mutual Recognition Scheme, each council retains the right to assess requests for recognition and determine requests based on their own local policies or other relevant factors.

“Local Conditions” refers to the policies or conditions set by individual councils that relate to activities, approvals and Mobile Business operations being undertaken within that council area.

Local Conditions may cover aspects such as permitted operating hours, designated trading locations, proximity to brick-and-mortar businesses, acceptable noise levels, waste disposal or any other public impact and safety measures

Local Conditions serve to protect public safety and the interests of the local community whilst facilitating the operations of mobile business activities.

Development of the Mutual Recognition Scheme has been informed by extensive consultation with councils, mobile businesses and other stakeholders.

Feedback received through surveys and workshops held in 2024 and 2025 guided the development of the final Mutual Recognition Scheme.

The Office of Local Government has developed a suite of guidance material and resources for councils and mobile businesses on the Mutual Recognition Scheme including Mutual Recognition Guidelines, explanatory videos, best practice forms, templates and a model policy template.

Resources can be found on the OLG website: https://www.olg.nsw.gov.au/programs-and-initiatives/mutual-recognition/

Alternatively, the Office of Local Government can be contacted by phone (02) 4428 4100 or email at olg@olg.nsw.gov.au

The Mutual Recognition Scheme has been designed to significantly reduce red tape that many mobile businesses face when operating across multiple council areas.

Instead of needing to apply for separate Section 68 approvals from each council, business can now request to have their Principal Approval recognised with other councils.  When requesting to have a Principal Approval recognised, mobile businesses will only need to submit a streamlined Request for Recognition requiring less paperwork and effort.

Any mobile business who requires approval under Section 68 Part D or F7 of the Local Government Act 1993 can benefit from the Mutual Recognition Scheme.

Common mobile business types who receive approval under these parts include buskers, outdoor fitness trainers and mobile food vendors who trade on community or public land.

Any current Section 68 Approval that was issued under Section 68 Part D or F7 of the Local Government Act 1993 is considered a Principal Approval.

The process of requesting recognition of a Principal Approval with another involves submitting a Request for Recognition.

Each council may use a different form or process to manage these requests, so eligible mobile businesses are encouraged to contact the council for direction on how to make this request.

Recognition of a Principal Approval must be requested with each council and the request approved by the council prior to operating in that area.

Eligible mobile businesses will need to submit Request for Recognition and receive a Recognition Certificate confirming the approval and details of any conditions. Operating without prior approval is subject to enforcement and penalties.

The Mutual Recognition Scheme is available to all NSW councils on a non-mandatory basis. Each council may choose to participate in the scheme differently or only recognise specific approvals or activities.

Council should be contacted directly to find out whether they are participating in the Mutual Recognition Scheme and advise on any local policies that may apply.

When submitting a Request for Recognition of a Principal Approval with a secondary council, you will need to provide a copy of the Principal Approval.

As each council may issue Principal Approvals in different formats, council may request additional information to verify details of the Principal Approval, however it most instances this document will be sufficient for request for recognition.

Councils have discretion to charge a fee for recognising an approval from another council and will have details of any applicable fees within the council’s Revenue Policy.

The Office of Local Government has provided guidance to councils suggesting that if fees are charged, they should be lower than standard approval costs to reflect the reduced administration involved in processing.

Under the Mutual Recognition Scheme, an approval can be recognised for the entire duration of the Principal Approval term, however councils have discretion to recognise an approval for a shorter length of time.

The validity period of a recognition will be included on a Recognition Certificate.

Councils have discretion to decide whether or not to recognise a Principal Approval from another council. While the Mutual Recognition Scheme encourages recognition, a council may choose not to recognise an approval if it conflicts with their local policies or raises concerns about impact on community amenity or safety.

Where a council decides not to recognise an approval, they will provide details to the mobile business about the reasons why an approval is not recognised.

Each council will have their own local conditions which apply in that area.

A mobile business operating in a secondary council areas will be provided details of any local conditions when they receive the Recognition Certificate. Local conditions are specific to the local areas so mobile businesses will need to ensure they familiarise themselves with these and adhere to them when operating in that location.  Local conditions are a condition of approval and breaching these may result in enforcement action including fines and revocation of approval.

When a principal Approval is recognised by another council the council will provide a Recognition Certificate.

Can a recognition of approval be revoked by a council?

Principal Approvals form the basis of Recognition Certificates. Where a Principal Approval is revoked, the revocation will also automatically apply to any Recognition Certificate and the mobile business will not be able to trade until a new approval is granted. It is an offence to trade without approval or filing to notify a secondary council of a revocation, and penalties may be imposed.

Additional resources on the Mutual Recognition Scheme can be found on the OLG website: https://www.olg.nsw.gov.au/programs-and-initiatives/mutual-recognition/

For information relevant to council participation, processes and local polices, contact council directly. Council contact details can be found on the OLG website https://www.olg.nsw.gov.au/public/find-my-council/

Alternatively, for questions relating to the Mutual Recognition Scheme, the Office of Local Government can be contacted by phone (02) 4428 4100 or email at olg@olg.nsw.gov.au

Participation in the Mutual Recognition Scheme is not mandatory for councils. Each council retains the discretion to decide whether or not to recognise eligible approvals granted by another council.

The Mutual Recognition Scheme is flexible enabling councils to consider its own local context, including existing policies. While the Mutual Recognition scheme is designed to be broadly beneficial and reduce administrate burden on council, the final decision rests with each council.

The Mutual Recognition Scheme applies to any approval issued under Section 68 Part D1-6 and F7 of the Local Government Act 1993.

The Mutual Recognition Scheme introduces processes that may require councils to develop or modify its application forms or processes.

Principal Approvals merely refers to any standard approval issued under Section 68 Part D1-6 and F7 of the Local Government Act 1993, as such existing forms and processes may be sufficient.

Request for Recognition is a formal request for recognition with a council and a Recognition Certificate is a formal notification of acceptance of recognition. These processes may require councils’ review and adjustment of forms and processes for administering.

The Office of Local Government has developed best practice forms and templates including Section 68 Principal Approval, Request for Recognition (combining Recognition Certificate) and plans of management. Councils may wish to use these forms or modify to suit local preference.

Further details on form requirements can be found in the Mutual Recognition Guidelines.

The Office of Local Government has developed best practice forms and templates to assist councils with implementation support. These forms and templates are not mandatory, and councils may choose to use their own forms and templates.

The Office of Local Government (OLG) has developed Mutual Recognition Guidelines. The Guidelines outline step by step procedures, defined roles and responsibilities, case studies and other guidance material for both councils and mobile businesses with the aim to promote uniform understanding and application of the Mutual Recognition Scheme.

In addition to the Guidelines, a suite of other resources has also been developed to assist the councils and mobile businesses to navigate and utilise the Mutual Recognition Scheme, including explanatory videos, best practice forms and a model council policy template. The Guidelines and supplementary suite of resources can be accessed via the OLG website https://www.olg.nsw.gov.au/programs-and-initiatives/mutual-recognition/

The Mutual Recognition Scheme does not prescribe fees for recognition of approvals and councils may decide not to charge or apply minimal fees reflective of reduced administration involved in processing.

The Mutual Recognition Guidelines provide guidance to councils on fees and charges associated with mutual recognition which can be found on the OLG website https://www.olg.nsw.gov.au/programs-and-initiatives/mutual-recognition/

Local Conditions apply as a condition of operation under the Mutual Recognition Scheme. Much like when a council provides details of local conditions as part of standard Section 68 approvals, secondary councils will notify mobile businesses of any applicable local conditions when issuing a Recognition Certificate.

Mobile businesses operating in a secondary council areas are required to adhere to local conditions when operating in that area and each council is responsible for monitoring and addressing compliance within those areas in line with local policies and procedures.

Local Conditions apply as a condition of operation under the Mutual Recognition Scheme. Much like when a council provides details of local conditions as part of standard Section 68 approvals, secondary councils will notify mobile businesses of any applicable local conditions when issuing a Recognition Certificate.

Mobile businesses operating in a secondary council areas are required to adhere to local conditions when operating in that area and each council is responsible for monitoring and addressing compliance within those areas in line with local policies and procedures.

If a mobile business has their Principal Approval revoked, this will automatically apply to any Recognition Certificate with the mobile business not permitted to trade until they reapply for approval and recognition.

The Mutual Recognition Scheme established a new offence for mobile businesses failure to notify a secondary council or a revocation.

Additional resources on the Mutual Recognition Scheme can be found on the OLG website: https://www.olg.nsw.gov.au/programs-and-initiatives/mutual-recognition/

Alternatively, for questions relating to the Mutual Recognition Scheme, the Office of Local Government can be contacted by phone (02) 4428 4100 or email at olg@olg.nsw.gov.au