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Commercial Filming and Photography Handbook

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Commercial Filming and Photography Handbook Commercial Filming and Photography Handbook The official manual of conditions for one-off or short-term commercial filming and photography operations occurring on waters and lands managed by the Department of Parks and Wildlife (DPaW) i Contents 1. Introduction 2. Frequently Asked Questions 3. Important maps 4. General Conditions 5. Issues and Extra Conditions 6. Kimberley Region 7. Pilbara Region 8. Midwest Region 9. Goldfields Region 10. Wheatbelt Region 11. Swan Region 12. South West Region 13. Warren Region 14. South Coast Region ii 1. Introduction 1.1 Background The Department of Parks and Wildlife (DPaW) supports and encourages both private and commercial filming and photography on DPaW-managed land and waters that promotes an appreciation and respect of the conservation, environmental and cultural values of the area being photographed or filmed. Western Australia has one of the most magnificent natural and cultural environments on Earth. It encompasses remnant rainforests, karri and jarrah forests, mangroves, heathlands, wetlands, coral reefs and deserts. These are combined with bizarre landscapes, beaches and gorges, masses of wildflowers and features such as the Pinnacles, the striped beehove domes of the Bungle Bungle Range, the meteorite crater at Wolfe Creek and the Coral Coast of Ningaloo Reef. It is not surprising that these magnificent natural and cultural environments are of growing interest to filmmakers and photographers in Australia and all over the world. DPaW supports and encourages all types of photography and filming on DPaW-managed land and waters. Taking photographs and filming for private purposes in national parks, conservation parks, marine parks and other DPaW-managed reserves are encouraged as a passive recreation activity. These activities are rewarding, and often, these images and recordings provide wonderful and long lasting memories. Commercial filming and photography is likewise encouraged and supported. DPaW recognises the significant contribution it can make towards boosting tourism in the state, raising awareness of environmental and conservation issues, and promoting the appreciation of the natural environment, Indigenous and non-indigenous cultural heritage. This handbook provides information for persons or organisations planning one-off or short-term commercial filming and photography operations such as advertisements, commercials, documentaries, production films or television programs. However, this handbook will not apply to on-going commercial filming undertaken by Commercial Operators that are licensed to conduct tours and provide a photo or video service to their passengers. Commercial Operators must apply for the standard commercial operator licence to undertake on-going commercial filming on DPaW-managed land and waters. 1.2 The purpose of the Commercial Filming Handbook DPaW recognises its responsibility to manage the state’s conservation estate. The purpose of this handbook is to ensure that commercial filming and photography operations undertaken on DPaW-managed land and waters do not compromise DPaW’s conservation, environmental and cultural management objectives. The Commercial Filming Handbook serves a number of purposes. These include: to ensure the protection and conservation of Western Australia‟s natural and cultural environments, including the protection and respect of Aboriginal sites to ensure commercial filming and photography portrays the department, DPaW staff and DPaW- managed land and waters in an appropriate manner to clearly identify some of the conditions that apply to commercial filming and photography operations undertaken on DPaW-managed land and waters to minimise risks to commercial filmmakers and photographers, parks visitors and DPaW staff. 1.3 Definitions In this handbook, unless the context otherwise requires: CALM Act means the Conservation and Land Management Act 1984. 1 CALM Land means land, or land and waters, to which the CALM Act and CALM Regulations apply, and includes caves and parts of caves on or under that land. CALM Officer means a person appointed under section 45 and 46 of the CALM Act. CALM Regulations means the Conservation and Land Management Regulations 2002. Charges means daily rates payable, as applicable, for permission to access and use CALM Land for commercial filming and photography levied by way of a commercial filming licence. Commercial filming means any filming or photography activity undertaken on CALM Land for either of the following purposes, regardless of the medium or format used (e.g. video clips, digital, magnetic tape, celluloid, still, motion): advertising (such as the creation of commercials), production films, documentaries, educational films, Government sponsored films or tourism promotions; workshops or courses; and any filming or photography activity which involves the use of film crews, props, sets, models, instructional materials and group activities; the utilisation of DPaW staff and resources and/or access to locations beyond areas made available to normal visitors to CALM Land. Commercial filming operation means a commercial filming or photography activity undertaken on CALM Land. Conditions means the conditions set out in this handbook or attached to a licence or lawful authority. Delegate means a District Manager or Regional Manager for the purpose of issuing a lawful authority. DPaW means the Department of Parks and Wildlife. Director General means the chief executive (CEO) of DPaW (the department assisting the Minister in the administration of the CALM Act), or a delegate of the CEO. Fees means payment for of recovery costs for services provided by DPaW (e.g. salaries, vehicles costs, travel, accommodation, and meals allowance, air fares and materials), bonds and camping fees. Handbook means the Commercial Filming Handbook. Lawful Authority means a Filming and Photography Lawful Authority granted by the Director General (or his delegate) in accordance with regulation 4 of the CALM Regulations, which authorises a person or organisation to undertake a commercial filming operation that would, but for that notice, be unlawful under the CALM Regulations. Licence means a commercial filming licence. This licence is granted by the Director General under Part 7 of the Regulations that authorises a person to sell goods or services or carry on business, in this case to undertake filming or photography for a commercial purpose on CALM Land. Minister means the Minister administering the CALM Act, or a delegate of the Minister. Non-commercial filming means any filming or photography activity carried out on CALM land by individuals (single photographers or filmmakers with no crew or significant equipment filming in areas normally used by most visitors) where the primary intent for filming is of a personal or private nature. Non-commercial filming also includes: speculative filming and photography that may be the subject of a future commercial transaction whereby the resulting images are reproduced in postcards, calendars, prints, publications, documentaries or displayed in galleries or on private and/or public websites the taking of photographs, film and videos for the news media of the day and current affairs is not considered commercial filming 2 filming for charities and not-for-profit organisations photography or filming for weddings and portraits photography or filming by park visitors for private purposes only. Operator means a person or organisation holding a licence or lawful authority to undertake a commercial filming operation on CALM Land. This includes the operator‟s employees, agents and contractors. 1.4 DPaW’s responsibilities DPaW manages Western Australia’s conservation estate, including marine conservation reserves. It is DPaW‟s mission that: “Working with the community, we will ensure that Western Australia’s environment is valued, protected and conserved, for its intrinsic value, and for the appreciation and benefit of future generations” To facilitate this mission, DPaW is responsible for managing more than 27.5 million hectares of land and waters vested in the Conservation Commission of Western Australia (Conservation Commission) and the Marine Parks and Reserves Authority (MPRA) or other land to which the CALM Act applies. The Conservation Commission and MPRA are independent statutory authorities established under the CALM Act. These lands and waters are managed in accordance with the CALM Act and CALM Regulations on behalf of the people of Western Australia. 1.5 Commercial filming licences and lawful authorities Commercial filming licences (licences) or filming and photography lawful authorities (lawful authorities) allow a person or organisation to lawfully undertake a commercial filming or photography operation (commercial filming operation) on CALM Land. All commercial filmmakers and photographers planning to take still pictures or motion pictures for commercial purposes on CALM Land must obtain either a licence or lawful authority. These are both issued in accordance with the CALM Regulations by DPaW. Filming or photography for private or non-commercial purposes does not require a licence or lawful authority from DPaW. For further information on the definitions for commercial filming and non-commercial filming refer to 1.3 Definitions (pages 2-3). All commercial filming operations undertaken on CALM Land require a licence, unless it can be determined that the operation will have a major benefit to state or it is likely to increase the appreciation, awareness and understanding of
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