Filming Approval Bill 2004

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

In Blue Mountains Conservation Society Inc v Director-General of National
Parks and Wildlife & (2) Ors [2004] NSWLEC 196, Lloyd J of the Land and
Environment Court held that a consent to film a commercial movie in a
wilderness area given under clause 20 of the National Parks and Wildlife
Regulation 2002 was invalid because it constituted a licence for the purposes of
section 153A of the Act. Section 153A provides that a licence cannot be granted
in respect of land within a wilderness area. His Honour also found that the
activity in question was in any event contrary to the management principles for
wilderness areas set out in section 9 of the Wilderness Act 1987.

The objects of this Bill are:

(a) to facilitate the granting of approvals to film in national parks, marine
parks and other areas under the National Parks and Wildlife Act 1974 and
the Marine Parks Act 1997, but to limit the granting of such approvals in
respect of wilderness areas to filming for educational, scientific, research
or tourism purposes, and

(b) to make a consequential amendment to the National Parks and Wildlife
Regulation 2002.

Outline of provisions

Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.

Clause 3 defines certain words and expressions used in the proposed Act.

In particular, designated area is defined to mean:

(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, or

(b) any area that forms part of a marine park within the meaning of the Marine
Parks Act 1997.

The relevant Minister, in relation to a filming approval under the proposed Act
in respect of a designated area, is defined to mean:

(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.

Part 2 Filming approvals
Clause 4 enables the relevant Minister for a designated area to grant approval to
carry out filming and related activities (filming activities) in the area even if the
filming activities are for commercial purposes. An approval may be subject to
such conditions as may be specified in the approval. It may also authorise the
approval holder to have exclusive use of the area for filming purposes for the
period specified in the approval. The Minister must give consideration as to
whether or not conditions are required on the approval to ensure that the
environmental impact of the filming activity is minimised.

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 will not be able
to grant a filming approval for the carrying out of any filming activity in the area
unless the Minister is satisfied that the activity is to be carried out for
educational, scientific, research or tourism purposes.

Clause 5 provides that development for the purposes of a filming activity in a
designated area does not require development consent under Part 4 of the
Environmental Planning and Assessment Act 1979. The proposed section also
makes it clear that it does not affect the operation of Part 5 of that Act, except in
relation to filming activities carried out in marine parks.

Clause 6 provides that a filming approval under the proposed Act 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).

The proposed section also provides that a filming approval can be relied on for
certain defences to the prosecution of offences under the Fisheries Management
Act 1994 and the National Parks and Wildlife Act 1974 (or the regulations under
those Acts).

Clause 7 provides that nothing in the proposed 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.

Part 3 Miscellaneous
Clause 8 enables a relevant Minister for a designated area to delegate the
Minister’s functions under the proposed Act or the regulations.

Clause 9 enables the Governor to make regulations for the purposes of the
proposed Act.

Clause 10 gives effect to Schedule 1, which contains an amendment to the
National Parks and Wildlife Regulation 2002.

Clause 11 provides for the review of the proposed Act after a period of 5 years
following the date of assent to the proposed Act.

Schedule 1 Amendment of National Parks and Wildlife
Regulation 2002
Schedule 1 amends the National Parks and Wildlife Regulation 2002 to provide
that, for the purposes of that Regulation, a filming approval to carry out a filming
activity 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 (within the meaning of that Regulation) for the land in
accordance with the conditions of the approval.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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