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Filming Approval Bill 2014
Introduction Print
EXPLANATORY MEMORANDUM
General
The Filming Approval Bill 2014 intends to reduce red tape and harmonise the
assessment and issuing of filming permits given under State and local laws
by--
· prescribing film friendly principles that public agencies must comply
with when performing any functions or duties, or exercising any
powers, under any filming approval legislation in relation to
commercial filming on public land (subject to the Bill and the filming
approval legislation); and
· allowing the Minister to make guidelines to assist public agencies in
complying with the film friendly principles.
Clause Notes
Clause 1 states the main purposes of the Bill, which are--
· to establish and promote film friendly principles for the
issuing of film permits by public agencies; and
· to reduce red tape by establishing a consistent approach
to the approval of film permits; and
· to provide for the making of film friendly guidelines;
and
· to facilitate the approval of film permits by public
agencies.
Clause 2 provides for the commencement of the Bill. The Bill will come
into operation on a day or days to be proclaimed, or on 1 March
2015 if not proclaimed before that date.
571379 1 BILL LC INTRODUCTION 2/4/2014
Clause 3 sets out definitions for the purposes of the Bill. Key definitions
used in the Bill include--
commercial filming, which means recording images by film,
video, digital or other technology to broadcast or publicly
exhibit for commercial purposes, but does not include
photography;
film permit, which means a permit, licence, approval or other
authority issued by a public agency to conduct commercial
filming on public land;
filming approval legislation, which refers to certain Acts
under which a public agency may approve or issue a film
permit, including Acts that apply to a wide range of public land
such as the Crown Land (Reserves) Act 1978 and the Land
Act 1958, and Acts that apply to specific public land or public
agencies such as the National Gallery of Victoria Act 1966;
and
public agency, which is a committee of management, a Council,
Court Services Victoria, a Department Head, a Minister of the
Crown, a public entity, the Secretary to the Department of
Environment and Primary Industries, a trust established by
legislation to manage Crown land and the Victoria Racing Club.
Clause 4 provides that the Bill applies to public agencies, subject to any
exemption made by the Governor in Council on the
recommendation of the Minister. An exemption made under
this clause may exempt a public agency from any requirements
of the Bill, and may be subject to any terms or conditions.
For example, a public agency may be exempted from the
obligation to comply with specified film friendly principles, but
not others.
Clause 5 provides that, so far as it is possible to do so consistently with
the filming approval legislation, a public agency must comply
with the film friendly principles when performing any functions
or duties or exercising any powers under the filming approval
legislation in relation to commercial filming on public land.
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Clause 9 and Schedule 2 make consequential amendments to
filming approval legislation in relation to the obligation created
by this clause.
Clause 6 provides that the Minister may make guidelines in relation to
the film friendly principles.
The guidelines may assist public agencies in complying with
the film friendly principles, by providing further detail and
examples of how a public agency may meet their obligations.
The guidelines may include, among other things--
· how public agencies may effectively notify persons who
apply for film permits, request further information from
applicants and approve or refuse applications
consistently with the film friendly principles; and
· examples of grounds or criteria on which a public
agency may refuse and application for a film permit.
The guidelines do not provide an exhaustive list by which an
agency may comply with the film friendly principles.
Clause 7 provides that the Minister may appoint a day or days, not later
than 1 March 2016, on which all Councils, or any specified
group of Councils, will be subject to the Bill.
This clause allows for staged implementation of the Bill, as
Councils may require time to amend any local laws that are
inconsistent with the film friendly principles before they are
subject to the Bill.
Clause 8 provides for the effect of clause 5. This clause provides that
the Parliament does not intend to create in any person any legal
right or to give rise to any civil cause of action by the
requirement of public agencies to comply with the film friendly
principles.
Clause 9 provides for consequential amendments to a number of Acts as
set out in Schedule 2.
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SCHEDULES
Schedule 1 sets out the film friendly principles.
Principle 1--Approval
This principle provides that a public agency that receives an
application for a film permit must not unreasonably withhold
the approval of that application, subject to this Act and any
other Act. The approval of an application for a film permit is
unreasonably withheld if a public agency does not attempt to
address its concerns by giving approval subject to terms and
conditions, or take reasonable steps to work with the applicant
to identify alternative locations for filming.
Principle 1.3 provides that approval is subject to any
requirements of a public agency to consider public amenity,
safety and security, environmental and heritage impacts.
Under principle 1.4, approval is also subject to any operational
requirements of a public agency, including commercial
agreements and the maintenance of any land or facilities.
Commercial agreements that restrict a public agency's ability to
allow commercial filming may include sponsorship agreements.
The need to maintain land or facilities, including planned
maintenance, may also restrict a public agency's ability to allow
commercial filming.
Principle 2--Timeliness
A public agency must approve or refuse an application for a
film permit in a timely manner, and it must take reasonable
steps to respond to an applicant within 5 business days.
A response to an applicant may be a determination of the
application, or an acknowledgement of receipt of the
application.
Principle 3--Reasons for refusal
A public agency that refuses to approve an application for a film
permit must give reasons to the applicant for the refusal.
Principle 4--Point of contact
A public agency must take reasonable steps to provide a single
point of contact to deal with commercial filming on public land.
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This principle ensures a public agency takes reasonable steps to
provide a single point of contact to the public in order to
streamline the commercial filming industry's access to the
public agency. This principle does not prevent a public agency
from processing applications for various matters related to
commercial filming in different parts of the agency.
For example, a Council may process a filming permit
application in one area and an application to secure parking for
a commercial filming project in another area.
Principle 5--Standard forms
A public agency must ensure that any application forms and
other documents required by the public agency to consider an
application for a film permit, other than forms and documents
prescribed in regulations or set by an Order in Council, are
consistent with any standard forms or documents issued by Film
Victoria. If an application form or other document used by a
public agency is different from a standard form or document
issued by Film Victoria, the form or document must not request
any information from an applicant that is not necessary to
consider the application.
This principle will enable a consistent approach to filming
permit application forms that is as streamlined as possible under
filming approval legislation.
Principle 6--Fees
This principle provides that where a public agency has power to
charge fees for film permit applications or the issuing of film
permits under filming approval legislation, that agency must not
set fees above cost recovery unless specifically authorised under
another Act. The public agency must also take the broader
economic benefits that commercial filming brings to the
community into consideration when setting fees that are not
prescribed in regulations or set by the Governor in Council.
This principle does not prevent a public agency from taking
other relevant matters into account when setting fees for film
permit applications or the issuing of film permits.
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Principle 7--Accessible information
A public agency that has the power to issue film permits must
publish information about how a person may apply for a film
permit on its website, or on a website approved by Film
Victoria. Film Victoria may request a public agency to publish
any other relevant information regarding these principles, or to
publish information on a website other than the agency's
website.
This principle ensures that information on commercial filming
on public land in Victoria is publicly and easily accessible, and
that the application process for a filming permit is transparent.
Principle 8--Staff training
A public agency must take reasonable steps to ensure that staff
responsible for considering and issuing film permits are given
appropriate information regarding the film industry.
This principle will ensure that public agency staff responsible
for considering and issuing film permits have sufficient
knowledge to assist commercial filmmakers with the filming
permit application process and general commercial filming
enquiries.
Schedule 2 provides for consequential amendments to filming approval
legislation, as defined in clause 3. These amendments make
the status of these Acts as filming approval legislation for the
purposes of the Bill apparent on the face of each Act.
The amendments also ensure that regulations, local laws and
by-laws made under filming approval legislation must not
be inconsistent with the film friendly principles.
These amendments do not affect the validity of existing
regulations and by-laws, however all existing local laws will be
inoperative to the extent of any inconsistency with the film
friendly principles from the commencement date of item 7.3.
Item 1 of Schedule 2 amends the Cemeteries and Crematoria
Act 2003. Item 1.2 inserts new section 3A, which provides that
the Act is filming approval legislation. Item 1.3 amends
section 180 to provide that regulations made under the Act for
or with respect to the issuing of film permits must not be
inconsistent with the film friendly principles. Item 1.1 inserts
definitions into section 3 of the Act for terms used in the
amendment to section 180.
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Item 2 of Schedule 2 amends the Crown Land (Reserves) Act
1978. Item 2.2 inserts new section 3C, which provides that the
Act is filming approval legislation. Item 2.3 amends section 13
to provide that regulations made under the Act for or with
respect to the issuing of film permits must not be inconsistent
with the film friendly principles. Item 2.1 inserts definitions
into section 3 of the Act for terms used in the amendment to
section 13.
Item 3 of Schedule 2 amends the Film Act 2001 to ensure that
the functions of Film Victoria set out in that Act include the
powers being conferred on Film Victoria by this Bill.
Item 4 of Schedule 2 amends the Forests Act 1958. Item 4.2
inserts new section 3C, which provides that the Act is filming
approval legislation. Item 4.3 amends section 99A to provide
that regulations made under the Act for or with respect to the
issuing of film permits must not be inconsistent with the film
friendly principles. Item 4.1 inserts definitions into section 3 of
the Act for terms used in the amendment to section 99A.
Item 5 of Schedule 2 amends the Geelong Performing Arts
Centre Trust Act 1980. Item 5.2 inserts new section 2A,
which provides that the Act is filming approval legislation.
Item 5.3 amends section 19 to provide that regulations made
under the Act for or with respect to the issuing of film permits
must not be inconsistent with the film friendly principles.
Item 5.1 inserts definitions into section 2 of the Act for terms
used in the amendment to section 19.
Item 6 of Schedule 2 amends the Land Act 1958. Item 6.2
inserts new section 5, which provides that the Act is filming
approval legislation. Item 6.3 amends section 413 to provide
that regulations made under the Act for or with respect to the
issuing of film permits must not be inconsistent with the film
friendly principles. Item 6.1 inserts definitions into section 3 of
the Act for terms used in the amendment to section 413.
Item 7 of Schedule 2 amends the Libraries Act 1988. Item 7.2
inserts new section 5, which provides that the Act is filming
approval legislation. Item 7.3 amends section 52 to provide that
by-laws made under that section for or with respect to the
issuing of film permits must not be inconsistent with the film
friendly principles. Item 7.4 amends section 53 to provide that
regulations made under the Act for or with respect to the issuing
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of film permits must not be inconsistent with the film friendly
principles. Item 7.1 inserts definitions into section 3 of the Act
for terms used in the amendments to sections 52 and 53.
Item 8 of Schedule 2 amends the Local Government Act 1989.
Item 8.2 inserts new section 3AB, which provides that the Act
is filming approval legislation. Item 8.3 amends section 111 to
provide that a local law for or with respect to the issuing of film
permits must not be inconsistent with the film friendly
principles, and that a local law for or with respect to the issuing
of film permits is inoperative to the extent that it is inconsistent
with the film friendly principles. The effect of item 8.3 is that
existing local laws will be inoperative to the extent of any
inconsistency with the film friendly principles from the day that
item 8.3 commences operation. Item 8.4 amends section 243 to
provide that regulations made under the Act for or with respect
to the issuing of film permits must not be inconsistent with the
film friendly principles. Item 8.1 inserts definitions into
section 3 of the Act for terms used in the amendments to
sections 111 and 243.
Item 9 of Schedule 2 amends the Melbourne and Olympic
Parks Act 1985. Item 9.2 inserts new section 4A, which
provides that the Act is filming approval legislation. Item 9.3
amends section 22 to provide that regulations made under the
Act for or with respect to the issuing of film permits must not
be inconsistent with the film friendly principles. Item 9.1
inserts definitions into section 4 of the Act for terms used in the
amendment to section 22.
Item 10 of Schedule 2 amends the Melbourne Cricket Ground
Act 2009. Item 10.2 inserts new section 3A, which provides
that the Act is filming approval legislation. Item 10.3 amends
section 33 to provide that regulations made under the Act for or
with respect to the issuing of film permits must not be
inconsistent with the film friendly principles. Item 10.1 inserts
definitions into section 3 of the Act for terms used in the
amendment to section 33.
Item 11 of Schedule 2 amends the Museums Act 1983.
Item 11.2 inserts new section 3, which provides that the Act is
filming approval legislation. Item 11.3 amends section 31 to
provide that regulations made under the Act for or with respect
to the issuing of film permits must not be inconsistent with the
film friendly principles. Item 11.4 amends section 31A to
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provide that by-laws made under that section for or with respect
to the issuing of film permits must not be inconsistent with the
film friendly principles. Item 11.1 inserts definitions into
section 2 of the Act for terms used in the amendments to
section 31 and 31A.
Item 12 of Schedule 2 amends the National Gallery of
Victoria Act 1966. Item 12.2 inserts new section 4B, which
provides that the Act is filming approval legislation. Item 12.3
amends section 19 to provide that regulations made under the
Act for or with respect to the issuing of film permits must not
be inconsistent with the film friendly principles. Item 12.1
inserts definitions into section 4 of the Act for terms used in the
amendment to section 19.
Item 13 of Schedule 2 amends the National Parks Act 1975.
Item 13.2 inserts new section 4C, which provides that the Act is
filming approval legislation. Item 13.3 amends section 48 to
provide that regulations made under the Act for or with respect
to the issuing of film permits must not be inconsistent with the
film friendly principles. Item 13.1 inserts definitions into
section 3 of the Act for terms used in the amendment to
section 48.
Item 14 of Schedule 2 amends the Port Management Act
1995. Item 14.2 inserts new section 3B, which provides that
the Act is filming approval legislation. Item 14.3 amends
section 98 to provide that regulations made under the Act for or
with respect to the issuing of film permits must not be
inconsistent with the film friendly principles. Item 14.1 inserts
definitions into section 3 of the Act for terms used in the
amendment to section 98.
Item 15 of Schedule 2 amends the Road Management Act
2004. Item 15.2 inserts new section 5B, which provides that
the Act is filming approval legislation. Item 15.3 amends
section 132 to provide that regulations made under the Act for
or with respect to the issuing of film permits must not be
inconsistent with the film friendly principles. Item 15.1 inserts
definitions into section 3 of the Act for terms used in the
amendment to section 132.
Item 16 of Schedule 2 amends the Road Safety Act 1986.
Item 16.2 inserts new section 3C, which provides that the Act is
filming approval legislation. Item 16.3 amends section 95 to
provide that regulations made under the Act for or with respect
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to the issuing of film permits must not be inconsistent with the
film friendly principles. Item 16.1 inserts definitions into
section 3 of the Act for terms used in the amendment to
section 95.
Item 17 of Schedule 2 amends the Royal Botanic Gardens Act
1991. Item 17.2 inserts new section 3A, which provides that
the Act is filming approval legislation. Item 17.3 amends
section 51 to provide that regulations made under the Act for or
with respect to the issuing of film permits must not be
inconsistent with the film friendly principles. Item 17.1 inserts
definitions into section 3 of the Act for terms used in the
amendment to section 51.
Item 18 of Schedule 2 amends the State Sport Centres Act
1994. Item 18.2 inserts new section 4, which provides that
the Act is filming approval legislation. Item 18.3 amends
section 32 to provide that regulations made under the Act for or
with respect to the issuing of film permits must not be
inconsistent with the film friendly principles. Item 18.4 amends
section 33 to provide that by-laws made under that section for
or with respect to the issuing of film permits must not be
inconsistent with the film friendly principles. Item 18.1 inserts
definitions into section 3 of the Act for terms used in the
amendments to section 32 and 33.
Item 19 of Schedule 2 amends the Transport Integration Act
2010. Item 19.2 inserts new section 4A, which provides that
the Act is filming approval legislation. Item 19.3 amends
section 198 to provide that regulations made under the Act for
or with respect to the issuing of film permits must not be
inconsistent with the film friendly principles. Item 19.1 inserts
definitions into section 3 of the Act for terms used in the
amendment to section 198.
Item 20 of Schedule 2 amends the Victoria Racing Club Act
2006. Item 20.2 inserts new section 3A, which provides that
the Act is filming approval legislation. Item 20.3 amends
section 20 to provide that regulations made under the Act for or
with respect to the issuing of film permits must not be
inconsistent with the film friendly principles. Item 20.1 inserts
definitions into section 3 of the Act for terms used in the
amendment to section 20.
Item 21 of Schedule 2 amends the Victorian Arts Centre 1979.
Item 21.2 inserts new section 3C, which provides that the Act is
filming approval legislation. Item 21.3 amends section 19 to
provide that regulations made under the Act for or with respect
to the issuing of film permits must not be inconsistent with the
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film friendly principles. Item 21.1 inserts definitions into
section 3 of the Act for terms used in the amendment to
section 19.
Item 22 of Schedule 2 amends the Wildlife Act 1975.
Item 22.2 inserts new section 4A, which provides that the Act
is filming approval legislation. Item 22.3 amends section 16A
to provide that regulations made under section 16A(3) for or
with respect to the issuing of film permits must not be
inconsistent with the film friendly principles. Item 22.4 amends
section 87 to provide that regulations made under that section
for or with respect to the issuing of film permits must not be
inconsistent with the film friendly principles. Item 22.1 inserts
definitions into section 3 of the Act for terms used in the
amendments to sections 16A and 87.
Item 23 of Schedule 2 amends the Zoological Parks and
Gardens Act 1995. Item 23.2 inserts new section 4A, which
provides that the Act is filming approval legislation. Item 23.3
amends section 41 to provide that regulations made under the
Act for or with respect to the issuing of film permits must not
be inconsistent with the film friendly principles. Item 23.1
inserts definitions into section 3 of the Act for terms used in the
amendment to section 41.
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