Film Liaison Policy

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Film Liaison Policy

And

General Conditions for Filming in Kingston

March 2006

1.0

Introduction

The City of Kingston is vibrant municipality located in Melbourne’s southern suburbs

20 kilometres south of Melbourne. The city features diverse locations, supportive infrastructure, services and is a film friendly Council.

In recent times there has been a number of approaches to various different Council

Departments to allow filming within the municipality. These include but are not limited to Council Reserves, the Foreshore and Council Buildings and it is paramount to have a coordinated and efficient approach to consider each application.

This policy has been developed to ensure Council has a clear and consistent approach to deal with filming requests. The Property Services Department will coordinate all applications and liaise with all relevant Council and State Departments to be sure that applications are in the best interest of the Council and the community. It’s role will provide a coordinated service and maintain residential amenity. It will issue permits, coordinate location bookings, maintain an overview of filming activities in the municipality and provide an information service to the film industry. The application process will also consider the film content to ensure subjects are not contrary to the local laws or Council guidelines or policy.

Council is supportive of the film industry and encourages the promotion and development of the Kingston culture by exposure to film. By providing an efficient application process and dealing with requests in a timely manner Property Services will work to increase the level of suitable film activity within the municipality.

2.0 Aims and Principles

2.1 Aim

To provide guiding principles that will present a clear role for Council Officers in the decision making process. This policy will allow filming activities to promote

Kingston as a film-friendly Council while ensuring that the rights of the owners and occupiers of the municipality are protected. The policy will ensure the municipality is marketed in a positive manner and show the many and varied natural and built assets and recognise the cultural, tourism and economic benefits derived from such activities. The policy will also minimise Council’s risk of litigation, insurance and claims for damages through diligent facilitation of the permit application process.

2.2 Values

The values, which underpin this aim, are equity, accountability, transparency, and responsibility. These values will provide the foundations for decision making.

2.3 Scope of the policy

The policy provides guidelines for filming within the City of Kingston in any of the following mediums:

Film, video and outside broadcast, for television, cinema or radio

Feature films

Advertising

Student film projects

Documentaries

Music videos

Still photography.

News broadcasts will be considered outside of this policy due to their urgent time frame.

2.4 Policy Ownership and Implementation

This policy will be the responsibility of the General Manager Corporate Services and will be administered by the Property Services Department in liaison with the other relevant departments. Fees and charges will be included in the annual budget process and are the responsibility of the General Manager Corporate Services.

3.0 Application Process

Council is aware that lead times for film are often under pressure and schedules and locations change at a moment’s notice. Council will work hard to accommodate these requirements, and most applications will be considered within 5 Days. Collaboration and effective communication between departments will ensure an efficient and effective service to facilitate filming activity within the municipality. It is the responsibility of the production company to seek Police and Fire Brigade (either MFB or CFA) approval if the content of the production warrants such approval, i.e. smoke, or guns etc. Separate Vicroads approval will be required where filming is to occur on declared state Highways and Main Roads.

Council has adopted the standard documentation prepared by Film Victoria to assist in the application process. The documentation includes:

Guidelines for Filming and Stills Photography in Kingston

Film Permit Application

Film Permit

Location Agreement

Risk Management Plan

The standard documentation shall be reviewed annually and may be amended by the

General Manager Corporate Services.

3.1 Filming Agreement

Council also allows for filming on public roads, footpaths and other public spaces, subject to an agreement and/or appropriate permits, charges will be at the discretion of the Council. If a production company does not notify Council and obtain the relevant

permission and permits, a penalty notice may be issued and filming activity may be shut down where risk to public safety and loss of amenity is apparent.

3.2 Application form

Request to film within the City of Kingston will be required where there will be: -

Public land use

Local Government Land use

Crown Land use

Public business or community group disruption

Traffic management issues

Emergency services requirements

Filming on private property that is heritage listed or has a heritage overlay,

Council recommends consultation with Council before any such project begins.

When an initial request is made to Council a site inspection is carried out where necessary. If a production company wishes to proceed it must submit a written request to Council including details such as location, dates and times, type of use, size of cast and crew, risk and safety management plans a detailed traffic and parking management plan and content of production. This application must include submission of the Film Permit Application Form .

This request must also include a copy of the production company’s certificate of currency of Public Liability Insurance.

Major filming within the municipality will require detailed consultation with Council staff to ensure potential problems that may occur are minimised, including parking and traffic management.

3.3 Referral

All applications will be received by the Property Services Department and referred to other relevant Council Departments for comment and approval sought via a standard pro-forma, including but not limited to the following:

Parks and Urban Design

Arts and Culture

Local Laws

Traffic Engineering

Leisure Planning

Economic Development

Building Department

Internal referral turn around will be required within 24 hours and is to be given a high priority.

If approval is required from Government authorities such as Vic Roads, EPA or

Utility companies then the approval process will be delayed.

For sites which are Crown land and in which Council is the Committee of

Management, Council may determine the use if they are considered low impact, otherwise the application will have to be referred to the Department of Sustainability

and Environment for comment and approval. The timeframe for such approval will be extended.

3.4 Decision

Advice of the success of applications will be conveyed to production teams generally within 4 working days of application. Upon the payment of fees a Filming Permit will be provided. This will specify the location, and timing and Council’s requirements. The filming permit must be retained on site and produced upon request by a Council officer.

All relevant departments will be advised if filming is to proceed in a location which is pertinent to their activities.

3.5 Location Agreement

Production companies will be provided with a Location Agreement upon issue of the

Film Permit if the permit requires the use of Council owned or controlled land. The agreement is to be signed by the production company and forwarded to Council prior to filming accompanied with a current copy of the relevant insurances and approvals.

A copy is to be retained on set at the time of filming for reference if required.

Council reserves the right to have a representative on site at all times if required.

The agreement will be in a standard form that may change over the course of time.

3.6 Notification

A coordinated approach to filming will help to ensure that minimal impact occurs on the day-to-day activities of nearby residents and business operators, by creating an understanding between the different stakeholders through suitable communication of such activities. In order to achieve this, production companies are required to notify residents and traders who may be affected by their presence, in writing, 48 hours prior to filming. Council will determine the premises to be notified. The notification by the production companies must provide details of the date, time and type of activity to be carried out. The production Company should obtain Council’s input and approval as to the content of the notification.

4.0 Fees and Charges

4.1 Fees

Fees are charged according to the annual fees and charges schedule determined by

Council. Charges apply according to the medium of the film, the timeframe and location of the filming.

4.2 Costs of Cancellation

Where the Council have incurred costs and the production company withdraws an application or there is a cancellation of the film permit due to non compliance with the terms of the permit then these costs will be passed on in full to the production company.

4.3 Fee waiver and discounts

Waiving of fees may occur for student films, charitable activities and projects that have a significant community benefit. Council will view such a waiving of fees as sponsorship. Such sponsorship must be applied for in writing to Council and is at the discretion of Council.

4.4 Acknowledgement

Generally the City of Kingston requires an acknowledgment in the film credits that the film was shot within the municipality. When the film is sponsored by Council the appropriate recognition will be advised to the production company for inclusion in the credits.

5.0 General Issues

5.1 Compliance with existing laws and regulations

Production activities and film content must comply with any local, state or commonwealth laws. It is also paramount that there will be no detrimental effect in the community as a result of the filming activity.

5.2 Insurance

Evidence of public liability insurance is to be provided to Council prior to the issue of a permit with a copy of the certificate of currency of insurance. The limit of the insurance will be at the discretion of Council with a minimum coverage for one incident of $10 million for filming and $5 million for stills photography.

Applicants must indemnify Council for any claims or other matters that may arise as a result of any filming activity.

5.3 Litter and Rubbish

The production company will make arrangements for the removal and control of all litter at the cost of the production company.

5.4 Parking and Traffic

Australian Road Rules are to be adhered to. The permit fee will be inclusive of parking with the exception of pay parking areas, where parking fees must be paid.

As traffic and parking issues can be the largest inconvenience to the public, Council will require a detailed traffic and parking management plan for approval by Council’s

Traffic Engineers with the permit application. Where a state road is also affected, a detailed traffic management plan will also need to be presented to Vic Roads. The production company will be responsible for meeting all costs associated with parking and traffic management measures undertaken.

5.5 Information

Property Services will provide advice on this policy and procedures to the film industry and process film applications on behalf of Council.

Advice and access will also be provided to suitable locations within the municipality and services available at these locations.

5.6 Damage to Council Property

Where a Council asset is littered, damaged or altered as the result of a filming activity, the production company will be liable for the clean up, repair or reinstatement of the asset. Such works must be to the satisfaction of the Manager -

Property Services. If the works are not completed Council will render the necessary repairs and bill the production company accordingly. A refundable bond will be charged where there is a likelihood that Council property may be damaged.

5.7 Contact Details

All applications and enquires should be directed to Property Services on the following contacts: -

Phone:

Email:

Fax:

95814389 propertyservices@kingston.vic.gov.au

9581 4500

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