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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 25 June 2019 to date (accessed 21 September 2019 at 06:49)
Chapter 7 Part 1 Division 4
Division 4 Approvals for filming
114   What is the purpose of this Division?
(1)  The purpose of this Division is to establish a streamlined procedure for obtaining any council approvals that are necessary in order to carry out filming.
(2)  In this Division:
approval means:
(a)  any approval, authorisation, consent, permit, determination or other decision that may be granted by a council (acting in any capacity) under this or any other Act or law (including the granting of a lease, licence or other estate in land, other than community land) prescribed by the regulations for the purposes of this paragraph, or
(b)  if no regulations are made for the purposes of paragraph (a), any approval, authorisation, consent, permit, determination or other decision that may be granted by a council (acting in any capacity) under this or any other Act or law (including the granting of a lease, licence or other estate in land, other than community land).
grant includes give, approve, authorise, consent, determine or otherwise decide.
115   Applications for approvals for filming
(1)  A person intending to carry out a filming project may lodge with the council a filming proposal in which the person makes an application for one or more approvals that are necessary in order to enable the filming project to be carried out and that may be granted by the council (acting in any capacity) under this or any other Act or law.
(2)  A filming proposal may contain applications relating to the whole or part of a filming project.
(3)  A filming proposal cannot be lodged for more than one filming project.
116   Form of, and security deposits, bonds, fees and charges for, filming proposal
(1)  A filming proposal must be made in the approved form.
(2)  A filming proposal is to be accompanied by the fee (if any) payable for each application made in the proposal, if at the time of lodging the proposal the amount of that fee can be determined.
(3)  Except as provided by subsection (4), the security deposit, bond, fee or charge (however expressed) for each application is to be determined in accordance with the Act, statutory instrument or law under which the application is made.
(4)  If under any Act, statutory instrument or law the council has a discretion to determine the security deposit, bond, fee or charge (however expressed) in respect of an application, it must determine it in accordance with the applicable filming protocol and the amount determined must not exceed the maximum amount (if any) prescribed by the regulations for such an application.
(5)  If the person who lodged the filming proposal does not pay the fee payable for making an application within 14 days after the day on which the proposal is lodged, the council may refuse to consider the application until the fee payable with respect to the application is paid.
Note.
 See section 119F (2).
117   Acknowledgment of application and notification of fees
(1)  The council must within 7 days after the day on which a filming proposal is lodged with it:
(a)  give written acknowledgment of its receipt to the person who lodged the proposal, unless the council rejects the application under subsection (2), and
(b)  if a fee payable for any application made in the proposal has not been determined or paid, advise the person what that fee is.
(2)  The council may reject an application made in a filming proposal within 7 days after the day on which the filming proposal is lodged if the application is not clear as to the approval sought or if it is not easily legible.
(3)  An application so rejected is taken not to have been made and any application fee is to be refunded.
118   What matters must accompany a filming proposal?
A filming proposal must be accompanied by:
(a)  such matters as are required to accompany each application made in the proposal (whether required by or under this Act or any another Act, statutory instrument or law), and
(b)  such matters specified by the council as may be necessary to provide sufficient information to enable the council to determine the applications made in the proposal.
119   Filming protocol to be brought to attention of intending applicants
A council must take such steps as are reasonably practicable to bring the filming protocol, the existence of any relevant regulations and any relevant local policy adopted under Part 3 to the notice of any person who lodges or whom the council knows to be intending to lodge a filming proposal.
119A   Amendment and withdrawal of applications
(1)  A person who lodges a filming proposal may amend or withdraw an application made in the proposal in accordance with the Act, statutory instrument or law under which the application is made.
(2)  However, the making of a minor amendment to an application does not stop the running of a period of time specified in section 116 or 117.
119B   Application for approvals under Division 3
(1)  An application for an approval under Division 3 made in a filming proposal is to be dealt with under Division 3, except as provided by this section.
(2)  In determining the application, the council must comply with the applicable filming protocol in addition to taking into consideration the matters specified in section 89.
(2A)  In the event of an inconsistency between any criteria in a local policy required to be taken into consideration under section 89 and the applicable filming protocol, the applicable filming protocol prevails.
(3)  For the purposes of Division 3:
(a)  a council is taken to have received an application made in a filming proposal on the day on which the approved fee for the application was paid, and
(b)  a reference to an applicant, in relation to an application, is taken to be a reference to the person who lodged the filming proposal making the application concerned.
(4)  An application for an approval under this Part made in a filming proposal that complies with sections 115, 116 and 118 is not subject to section 79, 80 (1), 81 or 85.
(5)  A council that complies with sections 117 and 119 is not subject to section 77 or 84.
(6)  If the council refuses an application, it must notify the applicant of the matters specified in section 99 within 3 business days after the refusal.
119C   Application for approval other than under Division 3
(1)  An application for an approval other than under Division 3 made in a filming proposal is to be dealt with as an application made under the relevant provision of the relevant Act, statutory instrument or law, except as provided by this Division.
(2)  In determining the application, the council must comply with the applicable filming protocol in addition to any other requirements relating to determination of the application
(2A)  In the event of an inconsistency between any requirements relating to determination of the application and the applicable filming protocol, the applicable filming protocol prevails.
(3)  In relation to such an application, a reference to:
(a)  a fee for making the application (however expressed) is taken to be a reference to the fee paid in relation to that application accompanying the filming proposal, and
(b)  an applicant (however expressed) is taken to be a reference to the person who lodged the filming proposal with the council.
(4)  An application referred to in subsection (1) made in a filming proposal that complies with sections 115, 116 and 118 is taken to have complied with any requirements (however expressed) under the relevant Act or statutory instrument as to:
(a)  the form of the application, and
(b)  any fee for making the application, and
(c)  any matters required to accompany the application.
(5)  A council that complies with sections 116 and 117 is taken to have complied with any requirements (however expressed) under the relevant Act or statutory instrument as to acknowledgement of an application and determination of a fee for making the application.
(6)  An application referred to in subsection (1) is to be determined under the relevant provisions of the relevant Act or statutory instrument.
(7)  A determination of such an application is (subject to subsection (8)) to be notified in accordance with the relevant provisions of the relevant Act or statutory instrument (if any).
(8)  If the council refuses an application, it must:
(a)  inform the applicant in writing of its determination as soon as practicable after it is made, and
(b)  give the applicant reasons in writing for its determination within 3 business days after it is made, and
(c)  if the relevant Act, statutory instrument or law confers a right of review of the determination or right of appeal against the determination—notify the applicant of that right within 3 business days after it is made.
119CA   Presumption in favour of grant of approval
(1)  The council must grant an application referred to in section 119B or 119C made to it in accordance with the Act, statutory instrument or law under which it is made unless the council:
(a)  is satisfied that there are exceptional circumstances that warrant refusal of the application, or
(b)  is required by the Act under which the application is made to refuse the application.
(2)  Before refusing an application, the council must consider whether any concerns it has could be addressed by imposing conditions on the approval.
119D   Applicable filming protocol
(1)  For the purposes of this Division, the applicable filming protocol in relation to a council is:
(a)  the filming protocol, issued by the Departmental Chief Executive under this section, as in force from time to time, or
(b)  if the council has adopted a filming protocol and it has been approved by order in writing by the Departmental Chief Executive—that filming protocol.
(2)  The Departmental Chief Executive may, by order in writing, issue a filming protocol that includes any of the following:
(a)  information about procedures for obtaining approvals for carrying out filming,
(b)  guidelines or heads of consideration to be taken into account by councils in determining applications for approvals made in a filming proposal,
(c)  codes of conduct for the carrying out of filming,
(d)  provisions for determining fees for an application, and fees and charges for services related to an application, made in a filming proposal,
(e)  any other matter related to filming.
(3)  The Departmental Chief Executive must not approve a filming protocol adopted by a council unless the Departmental Chief Executive is satisfied that it is comparable to the filming protocol issued by the Departmental Chief Executive.
(4)  Before issuing a filming protocol, or approving a filming protocol adopted by a council, the Departmental Chief Executive must consult with such persons or bodies as he or she considers appropriate for such period as he or she considers appropriate.
(5)  Except as provided by sections 119B (2A) and 119C (2A), a filming protocol has no effect to the extent that it is inconsistent with an express provision of an Act or statutory instrument.
119E   Advertising or notification of applications made in filming proposal
(1)  An application made in a filming proposal must comply with all the advertising or notification requirements for that application under any relevant Act or statutory instrument.
(2)  However, two or more applications made in a filming proposal that are required or permitted to be advertised or notified by particular means may be advertised or notified by those means in one advertisement or notice if that advertisement or notice satisfies all the advertising or notification requirements for the applications concerned under the relevant Act or statutory instrument.
119F   Application of this Division
(1)  The provisions of this Division prevail to the extent of any inconsistency between the provisions of this Division and the provisions of any other Act, statutory instrument or law.
(2)  Except as provided by section 116 (3) and (4), nothing in section 116 affects the operation of section 97 or any provision of any other Act, statutory instrument or law that allows a council to require payment of a security deposit, bond, fee or charge (however expressed) in relation to an application made in a filming proposal.
(3)  Nothing in this Division affects any right of appeal under this or any other Act, statutory instrument or law.