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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Filming Related Legislation
Amendment Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendments 2
4 Repeal of Act 2
Schedule 1 Amendments 3
b2008-016-19.d12
New South Wales
Filming Related Legislation
Amendment Bill 2008
No , 2008
A Bill for
An Act to amend various Acts and instruments with respect to approvals for the
purposes of filming projects; and for other purposes.
Clause 1 Filming Related Legislation Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Filming Related Legislation Amendment Act 2008. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
3 Amendments 6
The Acts and instruments specified in Schedule 1 are amended as set out 7
in that Schedule. 8
4 Repeal of Act 9
(1) This Act is repealed on the day following the day on which all of the 10
provisions of this Act have commenced. 11
(2) The repeal of this Act does not, because of the operation of section 30 12
of the Interpretation Act 1987, affect any amendment made by this Act. 13
Page 2
Filming Related Legislation Amendment Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
1.1 Crown Lands Act 1989 No 6 3
[1] Section 3 Definitions 4
Insert in alphabetical order in section 3 (1): 5
filming project has the same meaning as in the Local 6
Government Act 1993. 7
[2] Section 44AA 8
Insert after section 44: 9
44AA Subleases 10
(1) The holder of a lease (whether granted under this Act or the 11
Crown Lands (Continued Tenures) Act 1989) may grant a 12
sublease to enable the carrying out of a filming project, but only 13
with the consent of the Minister and on such terms and conditions 14
as the Minister determines. 15
(2) Subsection (1) does not require the consent of the Minister if the 16
terms of the lease permit the grant of a sublease without the 17
Minister's consent and use of the land for the purpose of a filming 18
project is authorised by the lease or is generally consistent with 19
the purposes for which the land may be used under the lease. 20
(3) Consent may be given to the grant of a sublease under 21
subsection (1) that will enable the carrying out of a filming 22
project, and the sublease may be granted, despite any provision 23
to the contrary in the lease. 24
[3] Section 45 Licences 25
Insert after section 45 (3): 26
(4) Subject to section 49, the holder of a lease referred to in 27
subsection (3) may grant a licence over Crown land the subject of 28
the lease to enable the carrying out of a filming project, but only 29
with the consent of the Minister and on such terms and conditions 30
as the Minister determines. 31
(5) Subsection (4) does not require the consent of the Minister if the 32
terms of the lease permit the grant of a licence without the 33
Minister's consent and use of the land for the purpose of a filming 34
project is authorised by the lease or is generally consistent with 35
the purposes for which the land may be used under the lease. 36
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Filming Related Legislation Amendment Bill 2008
Schedule 1 Amendments
(6) Consent may be given to the grant of a licence under 1
subsection (4) that will enable the carrying out of a filming 2
project, and the licence may be granted, despite any provision to 3
the contrary in the lease. 4
Note. This subsection also applies to licences in respect of Crown 5
reserves. See section 34A (6) (b). 6
[4] Section 47 Revocation of licences 7
Insert "(other than a licence granted under section 45 (4) by the holder of a 8
lease)" after "A licence" in section 47 (1). 9
[5] Section 48A Sublicences 10
Insert after section 48A (3): 11
(4) Subsection (1) does not prevent the grant, with the consent of the 12
Minister, of a sublicence that will enable the carrying out of a 13
filming project. 14
[6] Section 103 Sale, lease, easement, licence or mortgage in accordance 15
with consent 16
Insert after section 103 (4): 17
(5) Without limiting subsection (1), a reserve trust may grant a lease 18
or licence under this Division for the purposes of enabling a 19
filming project to be carried out, whether or not the project is in 20
accordance with any plan of management adopted for the reserve 21
under Division 6 or is consistent with the declared purpose of the 22
reserve. 23
[7] Section 114 Adoption of plan of management 24
Insert after section 114 (2): 25
Note. This subsection does not prevent the grant of a lease or other 26
tenure or licence for the purposes of filming projects and certain other 27
purposes (see sections 34A and 103 (5)). 28
1.2 Filming Approval Act 2004 No 38 29
[1] Section 4 Filming approvals for designated areas 30
Omit "management plan" from section 4 (3) (a) (iii). 31
Insert instead "plan of management". 32
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Filming Related Legislation Amendment Bill 2008
Amendments Schedule 1
[2] Section 4 (3A) 1
Insert after section 4 (3): 2
(3A) However, it is presumed that the Minister will grant a filming 3
approval to carry out a filming activity in a designated area that 4
forms part of land that is reserved under Part 4 of the National 5
Parks and Wildlife Act 1974 (other than a wilderness area within 6
the meaning of that Act) unless the carrying out of filming 7
activities on the land is expressly prohibited by any plan of 8
management for the land. 9
[3] Section 4 (7) 10
Insert "(other than a designated area referred to in subsection (3A))" after 11
"designated area". 12
[4] Section 4 (7A) 13
Insert after section 4 (7): 14
(7A) The Minister may not refuse to grant a filming approval to carry 15
out a filming activity in a designated area referred to in 16
subsection (3A) on the ground that the Minister is not satisfied as 17
to a matter referred to in subsection (7) unless the Minister is of 18
the opinion that the matter cannot be adequately addressed by the 19
imposition of one or more conditions on the filming approval. 20
1.3 Local Government Act 1993 No 30 21
[1] Section 46 Leases, licences and other estates in respect of community 22
land--generally 23
Insert after section 46 (5): 24
(5A) A council must grant an application under subsection (1) (c) for 25
a lease, licence or other estate in respect of community land in 26
order to allow a filming project to be carried out on the land 27
unless: 28
(a) the community land is land referred to in section 47AA (1), 29
or 30
(b) the plan of management for the land expressly prohibits 31
use of the land for the purposes of filming projects, or 32
(c) the council is satisfied that there are exceptional 33
circumstances that warrant refusal of the application. 34
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Filming Related Legislation Amendment Bill 2008
Schedule 1 Amendments
(5B) Before refusing an application on a ground referred to in 1
subsection (5A) (c), the council must consider whether any 2
concerns it has could be addressed by imposing conditions on the 3
grant. 4
(5C) If the council refuses an application, it must: 5
(a) inform the applicant in writing of its decision as soon as 6
practicable after it is made, and 7
(b) give the applicant reasons in writing for its decision within 8
3 business days after it is made. 9
[2] Section 116 Form of, and security deposits, bonds, fees and charges for, 10
filming proposal 11
Omit section 116 (3) and (4). Insert instead: 12
(3) Except as provided by subsection (4), the security deposit, bond, 13
fee or charge (however expressed) for each application is to be 14
determined in accordance with the Act, statutory instrument or 15
law under which the application is made. 16
(4) If under any Act, statutory instrument or law the council has a 17
discretion to determine the security deposit, bond, fee or charge 18
(however expressed) in respect of an application, it must 19
determine it in accordance with the applicable filming protocol 20
and the amount determined must not exceed the maximum 21
amount (if any) prescribed by the regulations for such an 22
application. 23
[3] Section 116, note 24
Insert at the end of section 116: 25
Note. See section 119F (2). 26
[4] Section 119B Application for approvals under Division 3 27
Omit section 119B (2). Insert instead: 28
(2) In determining the application, the council must comply with the 29
applicable filming protocol in addition to taking into 30
consideration the matters specified in section 89. 31
(2A) In the event of an inconsistency between any criteria in a local 32
policy required to be taken into consideration under section 89 33
and the applicable filming protocol, the applicable filming 34
protocol prevails. 35
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Filming Related Legislation Amendment Bill 2008
Amendments Schedule 1
[5] Section 119B (6) 1
Insert after section 119B (5): 2
(6) If the council refuses an application, it must notify the applicant 3
of the matters specified in section 99 within 3 business days after 4
the refusal. 5
[6] Section 119C Application for approval other than under Division 3 6
Omit section 119C (2). Insert instead: 7
(2) In determining the application, the council must comply with the 8
applicable filming protocol in addition to any other requirements 9
relating to determination of the application. 10
(2A) In the event of an inconsistency between any requirements 11
relating to determination of the application and the applicable 12
filming protocol, the applicable filming protocol prevails. 13
[7] Section 119C (7) 14
Insert "(subject to subsection (8))" after "application is". 15
[8] Section 119C (8) 16
Insert after section 119C (7): 17
(8) If the council refuses an application, it must: 18
(a) inform the applicant in writing of its determination as soon 19
as practicable after it is made, and 20
(b) give the applicant reasons in writing for its determination 21
within 3 business days after it is made, and 22
(c) if the relevant Act, statutory instrument or law confers a 23
right of review of the determination or right of appeal 24
against the determination--notify the applicant of that 25
right within 3 business days after it is made. 26
[9] Section 119CA 27
Insert after section 119C: 28
119CA Presumption in favour of grant of approval 29
(1) The council must grant an application referred to in section 119B 30
or 119C made to it in accordance with the Act, statutory 31
instrument or law under which it is made unless the council: 32
(a) is satisfied that there are exceptional circumstances that 33
warrant refusal of the application, or 34
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Filming Related Legislation Amendment Bill 2008
Schedule 1 Amendments
(b) is required by the Act under which the application is made 1
to refuse the application. 2
(2) Before refusing an application, the council must consider 3
whether any concerns it has could be addressed by imposing 4
conditions on the approval. 5
[10] Section 119D 6
Omit the section. Insert instead: 7
119D Applicable filming protocol 8
(1) For the purposes of this Division, the applicable filming protocol 9
in relation to a council is: 10
(a) the filming protocol, issued by the Director-General under 11
this section, as in force from time to time, or 12
(b) if the council has adopted a filming protocol and it has 13
been approved by order in writing by the 14
Director-General--that filming protocol. 15
(2) The Director-General may, by order in writing, issue a filming 16
protocol that includes any of the following: 17
(a) information about procedures for obtaining approvals for 18
carrying out filming, 19
(b) guidelines or heads of consideration to be taken into 20
account by councils in determining applications for 21
approvals made in a filming proposal, 22
(c) codes of conduct for the carrying out of filming, 23
(d) provisions for determining fees for an application, and fees 24
and charges for services related to an application, made in 25
a filming proposal, 26
(e) any other matter related to filming. 27
(3) The Director-General must not approve a filming protocol 28
adopted by a council unless the Director-General is satisfied that 29
it is comparable to the filming protocol issued by the 30
Director-General. 31
(4) Before issuing a filming protocol, or approving a filming 32
protocol adopted by a council, the Director-General must consult 33
with such persons or bodies as he or she considers appropriate for 34
such period as he or she considers appropriate. 35
(5) Except as provided by sections 119B (2A) and 119C (2A), a 36
filming protocol has no effect to the extent that it is inconsistent 37
with an express provision of an Act or statutory instrument. 38
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Filming Related Legislation Amendment Bill 2008
Amendments Schedule 1
[11] Section 119F Application of this Division 1
Omit section 119F (2). Insert instead: 2
(2) Except as provided by section 116 (3) and (4), nothing in 3
section 116 affects the operation of section 97 or any provision of 4
any other Act, statutory instrument or law that allows a council to 5
require payment of a security deposit, bond, fee or charge 6
(however expressed) in relation to an application made in a 7
filming proposal. 8
[12] Section 610F Public notice of fees 9
Omit "a filming protocol" from section 610F (4). 10
Insert instead "an applicable filming protocol". 11
[13] Dictionary 12
Insert in alphabetical order: 13
applicable filming protocol, in relation to a council, is defined in 14
section 119D. 15
[14] Dictionary, definition of "filming protocol" 16
Omit the definition. 17
1.4 Standard Instrument (Local Environmental Plans) Order 18
2006 19
[1] Standard instrument prescribed by the Order 20
Insert "and other temporary structures and temporary alterations or additions 21
to buildings or works" after "marquees" in the Direction under the heading to 22
Schedule 2. 23
[2] Standard instrument 24
Omit subclause (1) of the clause headed "Filming" in Schedule 2. 25
[3] Standard instrument, Schedule 2 26
Insert "or used" after "erected" in subclause (6) (g) of the clause headed 27
"Filming". 28
[4] Standard instrument, Schedule 2 29
Insert "or use" after "erection" in subclause (6) (m) (ii) of the clause headed 30
"Filming". 31
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Filming Related Legislation Amendment Bill 2008
Schedule 1 Amendments
[5] Standard instrument, Schedule 2 1
Insert after subclause (6) (m) of the clause headed "Filming": 2
(n) details of any temporary alteration or addition to any 3
building or work at the location for the purposes of the 4
filming. 5
[6] Standard instrument, Schedule 2 6
Insert after the clause headed "Tents or marquees used solely for filming 7
purposes": 8
Temporary structures (other than tents and marquees), and 9
temporary alterations or additions to buildings or works, solely for 10
filming purposes 11
(1) May only be erected, used, altered or added to in connection with 12
filming that is exempt development. 13
(2) Temporary structure must not be at the location for more than 14
30 days within a 12-month period. 15
(3) Alteration or addition to the building or work must not remain in 16
place for more than 30 days within a 12-month period. 17
(4) Temporary structure, or building or work in its altered or added 18
to form, must not be accessible to the public. 19
1.5 State Environmental Planning Policy No 4--Development 20
Without Consent and Miscellaneous Exempt and Complying 21
Development 22
[1] Clause 2 Definitions 23
Omit "video recording" wherever occurring from paragraphs (b) and (c) of the 24
definition of filming in clause 2 (1). 25
Insert instead "recording images". 26
[2] Clause 2 (4) (d) 27
Insert "or 15B" after "clause 13". 28
[3] Clause 2 (6) 29
Omit "and clause 13". Insert instead "clause 13". 30
[4] Clause 2 (6) 31
Insert "and clause 15B" after "subclause". 32
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Filming Related Legislation Amendment Bill 2008
Amendments Schedule 1
[5] Clause 15 When filming is exempt development 1
Omit clause 15 (1) (d). 2
[6] Clause 15 (2) (g) 3
Insert "or used" after "erected". 4
[7] Clause 15 (2) (m) (ii) 5
Insert "or use" after "erection". 6
[8] Clause 15 (2) (m) (v) 7
Omit "Land and Water Conservation". Insert instead "Lands". 8
[9] Clause 15 (2) (n) 9
Insert after clause 15 (2) (m) (before the note): 10
(n) details of any temporary alteration or addition to any 11
building or work at the location for the purposes of the 12
filming. 13
[10] Clause 15B 14
Insert after clause 15A: 15
15B When certain temporary structures and modifications for 16
purposes of filming is exempt development 17
(1) In this clause: 18
temporary structure means a temporary structure other than a 19
tent or marquee. 20
(2) For the erection or use of a temporary structure at a location, or 21
the temporary alteration or addition to a building or work at a 22
location, for the sole purpose of filming to be exempt 23
development: 24
(a) the temporary structure must not be at the location for 25
more than 30 days within a 12-month period, and 26
(b) the alteration or addition to the building or work must not 27
remain in place for more than 30 days within a 12-month 28
period, and 29
(c) the temporary structure, or building or work in its altered 30
or added to form, must not be accessible to the public. 31
Note. To be exempt development, the erection or use of the 32
temporary structure or temporary alteration or addition must also 33
comply with clause 14 of this Policy and any relevant provisions 34
of the Act. 35
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Filming Related Legislation Amendment Bill 2008
Schedule 1 Amendments
1.6 Western Lands Act 1901 No 70 1
Section 18G Dealings in leased land 2
Insert after section 18G (6): 3
(6A) Subsection (6) does not prevent the sublease of land held under a 4
head lease, with the consent of the Minister, for the purposes of 5
enabling the carrying out of a filming project, and such a sublease 6
may be granted, despite any provision of the head lease or this 7
Act relating to the purposes for which the land may be used. 8
(6B) The head lessee under subsection (6A) may grant a licence over 9
land that is held under the head lease to enable the carrying out of 10
a filming project (within the meaning of the Local Government 11
Act 1993), but only with the consent of the Minister and on such 12
terms and conditions as the Minister determines. 13
(6C) Subsection (6B) does not require the consent of the Minister if the 14
use of the land for the purpose of a filming project is authorised 15
by the head lease or is generally consistent with the purposes for 16
which the land may be used under the head lease. 17
(6D) The head lessee must notify the Commissioner of the granting of 18
a licence without the consent of the Minister as referred to in 19
subsection (6C) within 28 days after it is granted. 20
(6E) A head lessee who grants a licence under subsection (6B) or as 21
referred to in subsection (6C) must take all reasonable steps to 22
ensure that the licensee complies with the requirements of this 23
Act and the conditions of the head lease with respect to the land. 24
(6F) Consent may be given to the grant of a licence under 25
subsection (6B) that will enable the carrying out of a filming 26
project (within the meaning of the Local Government Act 1993), 27
and the licence may be granted, despite any provision to the 28
contrary in the head lease. 29
Page 12
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