By signing a filming or photography application form you acknowledge that you have read, understood and accept these conditions.
1.1 Under s4(2) of the Filming Approval Act 2004 the Minister for Environment and Heritage, through their appropriate delegate, grants approval to the Applicant to carry out the Filming Activities at the Site in accordance with the conditions set out in their Approval.
The following conditions apply to the filming and photography approval issued by the Minister administering the National Parks and Wildlife Act 1974.
2.1 A public liability insurance policy for an amount not less than $10 million (or any higher amount determined in good faith by the Department of Planning and Environment (the department) and notified in writing to the Applicant) must be held by the Applicant. The insurance must list the Minister as an interested party.
2.2 The Applicant must provide a certified Certificate of Currency (CoC) before Commencement Date. The CoC must be provided by email to the Minister in accordance with the contact details provided in Item 2 of the Approval Details.
2.3 The Applicant is required to have adequate insurance cover for themselves and their equipment.
3. Release and Indemnity
3.1 The following definitions apply in this clause 3:
3.1.1 Claims means all actions, claims, demands, proceedings, costs, losses, damages, compensation, costs, charges and expenses whatsoever; and
3.1.2 Indemnified Parties means the Minister for Environment and Heritage, the Secretary of the Department and the Crown in right of New South Wales and their respective successors, agents, contractors and employees.
3.2 The Applicant agrees, subject to clause 3.6, to release to the full extent permitted by law the Indemnified Parties, from all claims and demands of every kind resulting from any accident, loss, death, damage or injury occurring in, on or near the Site or in conducting the Filming Activities.
3.3 The Applicant expressly agrees, subject to clause 3.6, that none of the Indemnified Parties shall have any responsibility or liability for any accident, loss, death, damage or injury suffered or incurred by the Applicant (whether to or in respect to the Applicant’s person, property or business) or the Applicant’s employees, agents or contractors or other persons claiming through or under the Applicant.
3.4 The Applicant will, subject to clause 3.6, indemnify and keep indemnified the Indemnified Parties from and against all Claims:
3.4.1 to which any of the Indemnified Parties shall or may become liable for arising from or in connection with loss, damage or injury from any cause to property or person caused or contributed to by the Applicant or any servant, agent or contractor of the Applicant or any other person claiming through or under the Applicant in conducting the Activity; and
3.4.2 loss, damage or injury from any cause whatsoever to property or person within the Park occasioned or contributed to by any act, omission, neglect, breach or default of the Applicant or any servant agent or contractor of the Applicant or other person claiming through or under the Applicant.
3.5 This clause 3 has effect notwithstanding that any of the Claims referred to above shall have resulted from any act or thing which the Applicant may be authorised or obliged to do under this Approval and notwithstanding that any time, waiver or other indulgence has been given to the Applicant by any Indemnified Party in respect to any such obligations.
3.6 The Applicant's liability to indemnify and release the Indemnified Parties shall be reduced proportionately to the extent that any accident, loss, death, damage or injury referred to above is caused by any wilful or negligent act or omission of one of the Indemnified Parties.
3.7 The obligations of the Applicant under clause 3 continue after the expiry or other determination of this Approval in respect to any act, deed, matter or thing happening before the expiry or determination of this Approval.
3.8 The Applicant will ensure that any Filming Activity undertaken complies with occupational health and safety legislation requirements and that all conditions required under the insurance cover are met.
4. Use of the Site
4.1 All vehicle access to the Site must be in accordance with this Approval or as specified in writing by or on behalf of the Minister.
4.2 All vehicles must remain in areas designated for public car access, or as otherwise approved by this Approval, or as specified in writing by or on behalf of the Minister.
4.3 The Applicant will not use any location for Filming Activities other than the Site specified in this Approval.
4.4 The Applicant will comply with all directions made under clauses 6, 7 or 8 of the National Parks and Wildlife Regulation 2009 (NSW) in relation to the conduct of the Filming Activity.
4.5 The Site and any other area affected by the Filming Activities must be left in the condition they were in prior to the commencement of the Filming Activity. All equipment, including temporary rubbish and toilet facilities installed by the Applicant must be removed at the completion of the Filming Activity by the Applicant.
4.6 The Applicant will not cause, allow or suffer to occur any unlawful, noxious or offensive use, act, trade, business, occupation or calling.
4.7 The Applicant must check the Alerts page of the National Parks and Wildlife Service (NPWS) website for the latest advice about park closures before entering the Park under this approval.
4.8 The Applicant must adhere to recognised walking tracks within the Park and must not cross or climb over safety fences or barriers.
4.9 The Applicant must not conduct the Filming Activity, or take photos of persons during the Filming Activity, within two (2) metres of a cliff edge where safety fencing or other reasonable fall mitigation measures are not otherwise provided.
5. Review of Approval
5.1 The Minister reserves the right to review the Approval and amend conditions of approval if circumstances require it or change. Examples may include where fire danger exists, where there are concerns regarding a culturally or environmentally sensitive area, continuous wet weather, or where unforeseen circumstances arise which present immediate threats to habitat, wildlife or public safety.
6. Rescheduling by the Applicant
6.1 If it is necessary for the Applicant to re-schedule the Activity (for example due to unfavourable weather), the Applicant must notify the Minister as soon as possible and the proposed re-scheduling date agreed upon by both parties. Notice under this clause must be given by email to the department contact details in Item 2 of the Approval Details.
6.2 Any reasonable cost incurred by the Minister as a result of rescheduling under clause 6.1 may be recovered from the Applicant (e.g. the cost of contracted casual staff).
7. Breach of the conditions of the Approval
7.1 Any breach of the conditions of the Approval may result in cancellation of approval and the imposition of the penalty for failing to comply with a filming approval which is a maximum of $50,000 for a corporation and $10,000 in any other case.
8. Termination of Approval
8.1 The Minister has the authority to terminate this Approval at any time in writing. The Applicant does not have the right to claim against the Minister for damages for loss of business or financial or other loss as a result of termination of the Approval. In the event of termination the security deposit and fees will not be refunded.
9. Use of the NSW National Parks and Wildlife Service or DPE Logo
9.1 The Applicant must not, without the prior written approval of the Minister, use or publish any NPWS or department logo (or its image), uniforms or insignia or use NPWS or department employees.
9.2 The Minister reserves the right to revoke the approval at any time by notification in writing, in which case the Applicant must remove the logo associated with NPWS or the department from the relevant material within a reasonable time after receiving notice under this clause 9.2.
9.3 This clause survives the termination or end of an Approval.
10. Copyright and Acknowledgements
10.1 Copyright in film footage and photographs taken pursuant to this Approval will be owned by the author of the film footage and photographs.
10.2 The Minister may require the Applicant by notice in writing that the Applicant acknowledge the department's assistance in filming. Where the Applicant acknowledges the department, the department must be acknowledged in the following way: 'Produced with the assistance of the Department of Planning and Environment'.
10.3 The Applicant must ensure that the publication of any footage filmed under this Approval includes the following acknowledgement: Filmed on location at [Name of park or site] National Park/Historic Site (as applicable). No environmental damage was incurred on location. The conservation values of the areas have been preserved.
10.4 In the case of photography, the Applicant must specify the Site in the caption.
11. Other responsibilities of the Applicant
11.1 The Applicant must:
a. Carry this signed Approval with them at all times while carrying on the Filming Activities.
b. Obey any reasonable directions made under clauses 6, 7 or 8 of the National Parks and Wildlife Regulation 2009 (NSW) relating to the activities of the Site and accept that in the event of a dispute the decision of the Officer will be final.
c. Abide by all relevant legislation including (without limitation) the National Parks and Wildlife Act 1974, Wilderness Act 1987, Rural Fires Act 1997, Marine Parks Act 1997, Environmental Planning and Assessment Act 1979, Biodiversity Conservation Act 2016, and the National Parks and Wildlife Regulation 2019 unless expressly permitted otherwise by agreement under the Filming Approval Act 2004.
d. Ensure any activity carried out under this Approval is done in a manner that minimises any adverse environmental impact.
e. Ensure no natural or cultural features, or public facilities and developments are disturbed or damaged in any way.
12. Drone use Conditions (if applicable)
12.1 The applicant will:
a. know and abide by the flying drones rules for commercial drone users on the Civil Aviation Safety Authorities’ Drones webpage
b. know and abide by the Drones in parks policy on the department's Environment, Energy and Science website
c. not fly the drone where it will negatively impact the use and enjoyment of the Site or its surrounding areas for other visitors, be a nuisance to wildlife, or interfere with park management operations
d. operate the aircraft in the Applicants line-of-sight during daylight hours only
e. not fly closer than 30 metres to vehicles, boats, buildings or people
f. not fly over any crowded area, such as beaches, heavily populated parks, picnic areas, camping locations or sports ovals (where there is a game in progress)
g. not fly higher than 400 feet (120 metres)
h. not fly within 5.5 kilometres of an airfield or helicopter landing site. This restriction covers many urban and coastal national parks
i. not fly the drone over or near an area where emergency operations are underway. This includes bushfires, vehicle accidents, police operations, and search and rescue activities.
Applicant means the person specified as the Applicant in Item 3 of the Approval Details, and, where the context permits, includes that person’s contractors, employees, and agents.
Approval means this approval granted under s4(2) of the Filming Approval Act 2004 (NSW), comprised of clauses 1 to 13 inclusive and the Approval Details.
Commencement Date means the date referred to as the commencement date in Item 1 of the Approval Details.
The department means the Department of Planning and Environment and includes any successor that performs substantially the same functions in relation to the National Parks and Wildlife Act 1974 (NSW) and the Filming Approval Act 2004 (NSW).
Filming Activity means those activities specified in Item 5 of the Approval Details.
Minister means the Minister administering the National Parks and Wildlife Act 1974 (NSW).
Officer means an employee of the Department of Planning and Environment whose responsibilities include the administration of the National Parks and Wildlife Act 1974 (NSW).
Park means the area specified in the Approval Details.
- in clause 10.4, the name of the park where the photograph was captured; and
- in all other contexts, the area specified in Item 6 of the Approval Details.
Term of Approval means the dates specified in Item 1 of the Approval Details.