New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Filming Approval Bill 2004
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Filming approvals
4 Filming approvals for designated areas 4
5 Application of Environmental Planning and Assessment
Act 1979 to filming activities in designated areas 7
6 Effect of filming approval on certain other Acts 7
7 Approval holder to comply with conditions of filming approval 8
8 Filming approval not required if filming activity otherwise
permissible 8
Filming Approval Bill 2004
Contents
Page
Part 3 Miscellaneous
9 Restraint of contravention of this Act 9
10 Fees to be paid into National Parks and Wildlife Fund 10
11 Delegation 10
12 Register of filming approvals to be publicly available 10
13 Regulations 11
14 Nature of proceedings for offences 11
15 Amendment of National Parks and Wildlife Regulation 2002 11
16 Review of Act 11
Schedule 1 Amendment of National Parks and Wildlife
Regulation 2002 12
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Filming Approval Bill 2004
Act No , 2004
An Act to facilitate filming in national parks, marine parks and certain other
areas under the National Parks and Wildlife Act 1974 and the Marine Parks
Act 1997; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Filming Approval Bill 2004
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Filming Approval Act 2004.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Definitions
(1) In this Act:
approval holder means a person to whom or to which a filming
approval is granted.
designated area means any of the following:
(a) any area that forms part of land that is reserved or dedicated
under Part 4 or 4A of the National Parks and Wildlife
Act 1974 (including any wilderness area within the meaning
of that Act) or land acquired under Part 11 of that Act,
(b) any area that forms part of a marine park within the meaning
of the Marine Parks Act 1997.
development has the same meaning as it has in the Environmental
Planning and Assessment Act 1979.
exercise a function includes perform a duty.
filming means recording images (whether on film or video tape or
electronically or by other means) for exhibition or broadcast (such
as by cinema, television or the Internet or by other means) or for
sale.
filming activity means:
(a) filming, and
(b) any other activity reasonably connected with the carrying out
of filming,
whether or not for a commercial purpose.
filming approval means an approval given under this Act.
Page 2
Filming Approval Bill 2004 Clause 3
Preliminary Part 1
function includes a power, authority or duty.
relevant Minister, in relation to a filming approval in respect of a
designated area, means:
(a) in relation to an area that forms part of land that is reserved or
dedicated under Part 4 or 4A of the National Parks and
Wildlife Act 1974 or land acquired under Part 11 of that Act,
the Minister administering those provisions, or
(b) in relation to a designated area that forms part of a marine
park within the meaning of the Marine Parks Act 1997, the
Minister administering that Act.
(2) Notes included in this Act do not form part of this Act.
Page 3
Clause 4 Filming Approval Bill 2004
Part 2 Filming approvals
Part 2 Filming approvals
4 Filming approvals for designated areas
(1) A person proposing to carry out a filming activity in a designated
area may apply to the relevant Minister for the area for approval to
carry out the activity in that area.
(2) The relevant Minister may, by order in writing, grant approval to
any such applicant and such other persons as may be specified in the
approval to carry out such filming activities in the area as are
specified in the approval.
(3) In determining whether to grant a filming approval to carry out a
filming activity in a designated area, the relevant Minister must
have regard to each of the following matters:
(a) if the area forms part of land that is reserved or dedicated
under Part 4 or 4A of the National Parks and Wildlife
Act 1974 or land acquired under Part 11 of that Act:
(i) any heritage values of the land,
(ii) if the approval will authorise the use of any building or
structure on the land--the cultural significance of the
building or structure,
(iii) any management plan for the land,
(iv) in the case of land that is a wilderness area within the
meaning of that Act--whether there is no other feasible
location outside of that land within New South Wales to
carry out the activity,
(b) if the area forms part of a marine park within the meaning of
Marine Parks Act 1997:
(i) any heritage values of the park,
(ii) if the approval will authorise the use of any building or
structure in the park--the cultural significance of the
building or structure,
(iii) any operational plan or zoning plan under that Act for
the park.
(4) The relevant Minister for a designated area that forms part of a
wilderness area within the meaning of the National Parks and
Wildlife Act 1974 may not grant approval for the carrying out of any
filming activity in the designated area unless the Minister is satisfied
that the activity is to be carried out primarily for any one or more of
the following purposes:
Page 4
Filming Approval Bill 2004 Clause 4
Filming approvals Part 2
(a) the education of or the raising of awareness of members of the
public about Aboriginal heritage or culture, historic heritage,
biodiversity, threatened species, the management of parks,
environmental processes, public recreation, bushfire
management or visitor safety,
(b) the research or investigation into Aboriginal heritage or
culture, historic heritage, biodiversity, threatened species, the
management of parks, environmental processes, public
recreation or bushfire management,
(c) the promotion of visits by tourists.
(5) Before granting a filming approval in respect of an area that forms
part of Schedule 14 lands or ALR Act lands within the meaning of
Part 4A of the National Parks and Wildlife Act 1974, the relevant
Minister must obtain the concurrence of the board of management
within the meaning of that Act (if any) for the lands.
(6) A filming approval is subject to such conditions as may be specified
in the approval.
(7) In determining whether or not to grant a filming approval to carry
out a filming activity in a designated area, the Minister is to be
satisfied of the following matters (and is, if required for that
purpose, to impose conditions on any filming approval granted to
ensure that those matters are satisfied):
(a) that the filming activity is carried out in a manner that
minimises any adverse environmental impact on the area,
(b) that existing roads, tracks, paths or other means of access to
the area will be used by the approval holder wherever
feasible,
(c) that the location in which the filming activity is to be carried
out is the minimum area that is feasible for the carrying out of
such an activity,
(d) that the period of time required to carry out the filming
activity is limited to the shortest period that is feasible for the
carrying out of the activity,
(e) that the filming activity is not inconsistent with any applicable
threat abatement plan or recovery plan within the meaning of
the Threatened Species Conservation Act 1995,
(f) that the filming activity complies with any applicable policy
(if any) of the Department of Environment and Conservation
concerning filming in designated areas,
Page 5
Clause 4 Filming Approval Bill 2004
Part 2 Filming approvals
(g) that the siting and timing of the filming activity, as far as is
practicable, minimises the impact of the activity on the natural
and cultural heritage values of the area and on the public
enjoyment of the area,
(h) where the activity is to be carried out in a wilderness area
within the meaning of the National Parks and Wildlife
Act 1974--that the filming activity will be carried out by the
minimum number of persons who could feasibly carry out
such an activity.
(8) A filming approval for a designated area may grant the approval
holder exclusive use of the area for the purposes of carrying out a
filming activity specified in the approval for the period specified in
the approval.
(9) Subject to the regulations, a relevant Minister may approve fees
from time to time for either or both of the following:
(a) the making of applications for filming approvals in designated
areas for which the Minister is the relevant Minister,
(b) the granting of filming approvals to carry out filming
activities in designated areas for which the Minister is the
relevant Minister.
(10) A relevant Minister for a designated area may not:
(a) determine any application for a filming approval to carry out
a filming activity in the area unless the fee (if any) approved
under subsection (9) (a) for the application is paid by the
applicant to the Minister, or
(b) grant a filming approval to carry out a filming activity in the
area unless the fee (if any) approved under subsection (9) (b)
for the grant is paid by the applicant to the Minister.
(11) If there is more than one relevant Minister for a designated area:
(a) an application under subsection (1) may be lodged with one
of the relevant Ministers, and
(b) a filming approval may be granted by any of the relevant
Ministers, but only with the concurrence of the other relevant
Ministers.
(12) Nothing in any other Act, a statutory rule or another law (or in any
instrument made under another Act) prevents an application for a
filming approval from being made, considered or granted.
Note. Sections 6 and 8 provide for the effect of the granting of a filming approval
on other laws.
Page 6
Filming Approval Bill 2004 Clause 5
Filming approvals Part 2
5 Application of Environmental Planning and Assessment Act 1979 to
filming activities in designated areas
(1) Development for the purposes of a filming activity in a designated
area:
(a) may be carried out without the necessity for development
consent under Part 4 of the Environmental Planning and
Assessment Act 1979, and
(b) may be so carried out even if the development would be
prohibited, or would require development consent, in the
absence of this section.
(2) Sections 19 and 20 of the Marine Parks Act 1997 are taken not to
apply to development for the purposes of a filming activity, or to a
filming activity, carried out in a marine park declared under that
Act.
(3) Except as provided by subsection (2), nothing in this Act affects the
operation of Part 5 of the Environmental Planning and Assessment
Act 1979 in relation to filming activities carried out in designated
areas.
Note. Part 5 (Environmental assessment) of the Environmental Planning and
Assessment Act 1979 requires the relevant Minister to follow certain procedures
and to consider certain environmental matters before granting a filming
approval.
6 Effect of filming approval on certain other Acts
(1) A filming approval authorises the approval holder to carry out in the
designated area to which the approval relates any filming activity,
in accordance with the conditions of the approval, that is specified
in the approval even if the carrying out of that activity is prohibited
or not permitted by or under:
(a) the National Parks and Wildlife Act 1974, or
(b) the Wilderness Act 1987, or
(c) the Marine Parks Act 1997, or
(d) a statutory rule or any other instrument made under an Act
referred to in paragraph (a), (b) or (c).
(2) Without limiting subsection (1), an approval holder is not required
to obtain a separate approval or other authorisation under an Act,
statutory rule or instrument referred to in that subsection for the
carrying out of any filming activity specified in the holder's filming
approval.
Page 7
Clause 7 Filming Approval Bill 2004
Part 2 Filming approvals
(3) For the purposes of any defence to a prosecution for an offence
under the Fisheries Management Act 1994 or the National Parks
and Wildlife Act 1974 (or the regulations under those Acts), a
filming approval for the carrying out of a filming activity in a
designated area is taken to constitute an approval of the activity by
a determining authority within the meaning of Part 5 of the
Environmental Planning and Assessment Act 1979.
7 Approval holder to comply with conditions of filming approval
An approval holder must comply with each condition of the holder's
filming approval when carrying out the filming activity to which the
approval relates.
Maximum penalty: $50,000 in the case of a corporation and $10,000
in any other case.
8 Filming approval not required if filming activity otherwise
permissible
Nothing in this Act requires a person to obtain a filming approval to
carry out any filming activity in a designated area that is not
prohibited or that can be carried out without the need for a further
approval or other authorisation under another law.
Page 8
Filming Approval Bill 2004 Clause 9
Miscellaneous Part 3
Part 3 Miscellaneous
9 Restraint of contravention of this Act
(1) In this section, contravention includes threatened or apprehended
contravention.
(2) Any person may bring proceedings in the Land and Environment
Court for an order to remedy or restrain a contravention of this Act
(including a contravention of a filming approval), whether or not
any right of that person has been or may be infringed by or as a
consequence of that contravention.
(3) Proceedings under this section may be brought by a person on the
person's own behalf or on behalf of that person and on behalf of
other persons (with their consent), or a body corporate or
unincorporate (with the consent of its committee or other
controlling or governing body), having like or common interests in
those proceedings.
(4) Proceedings under this section in relation to a contravention that
affects the validity of a filming approval may only be brought within
the period of 14 days after the date on which the approval was
granted.
(5) Any person on whose behalf proceedings are brought is entitled to
contribute to or provide for the payment of the legal costs and
expenses incurred by the person bringing the proceedings.
(6) If the Court is satisfied that a contravention has occurred, or that a
contravention will, unless restrained by order of the Court, be
committed, it may make such order as it thinks fit to remedy or
restrain the contravention.
(7) The Court may not make an order under subsection (6) to remedy or
restrain a contravention of a condition of a filming approval in
proceedings brought by a person (other than a person who brings the
proceedings by or on behalf of the Crown) unless the Court is
satisfied that:
(a) the Crown has decided not to take any remedial action in
respect of the contravention within 30 days after the
contravention, or
(b) the Crown has not made a decision on whether to take such
action within 30 days after the contravention.
Page 9
Clause 10 Filming Approval Bill 2004
Part 3 Miscellaneous
(8) For the purposes of subsection (7), remedial action is not limited to
the institution of criminal proceedings, but includes action to require
the person who committed the contravention to prevent, control,
abate or mitigate any harm to the environment caused by the
contravention or to prevent the continuance or recurrence of the
contravention.
10 Fees to be paid into National Parks and Wildlife Fund
Any fee paid under this Act is to be paid into the Fund within the
meaning of the National Parks and Wildlife Act 1974.
11 Delegation
The relevant Minister for a designated area may delegate the
exercise of any function of the Minister under this Act or the
regulations (other than this power of delegation) to:
(a) any member of staff of the Department of Environment and
Conservation, or
(b) a board of management or trust board within the meaning of
the National Parks and Wildlife Act 1974.
12 Register of filming approvals to be publicly available
(1) The Director-General of the Department of Environmental and
Conservation is to cause information on filming approvals granted
under this Act:
(a) to be recorded in a register that is to be kept in the head office
of the Department and made available to the public, free of
charge, during ordinary office hours, and
(b) to be placed on the Department's website.
(2) Information to be included on the register and website is to include
the following:
(a) the name of each person to whom any filming approval has
been granted,
(b) the designated area to which the filming approval relates,
(c) the purpose for which the filming approval has been granted,
(d) information as to the terms and conditions of the filming
approval, except information that the Director-General would
be prevented from disclosing by the Freedom of Information
Act 1989 or the Privacy and Personal Information Protection
Act 1998.
Page 10
Filming Approval Bill 2004 Clause 13
Miscellaneous Part 3
13 Regulations
(1) The Governor may make regulations, not inconsistent with this Act,
for or with respect to any matter that by this Act is required or
permitted to be prescribed or that is necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
(2) In particular, the regulations may make provision for or with respect
to the following:
(a) the making of applications for filming approvals (including
fees for any such applications),
(b) the determination of applications for filming approvals by
relevant Ministers.
14 Nature of proceedings for offences
Proceedings for an offence under this Act may be dealt with
summarily before the Land and Environment Court.
15 Amendment of National Parks and Wildlife Regulation 2002
The National Parks and Wildlife Regulation 2002 is amended as set
out in Schedule 1.
16 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period
of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House
of Parliament within 12 months after the end of the period of
5 years.
Page 11
Filming Approval Bill 2004
Schedule 1 Amendment of National Parks and Wildlife Regulation 2002
Schedule 1 Amendment of National Parks and Wildlife
Regulation 2002
(Section 15)
Clause 3 Definitions
Insert after clause 3 (1):
(1A) For the purposes of this Regulation, a filming approval
granted under the Filming Approval Act 2004 to carry out a
filming activity within the meaning of that Act on land
reserved or dedicated under the National Parks and Wildlife
Act 1974 is taken to constitute consent to the carrying out of
that activity on the land by the park authority for the land in
accordance with the conditions of the approval.
Page 12
[Index] [Search] [Download] [Related Items] [Help]