Commercial Filming / Advertising Photography on DEC-managed lands and waters.

SAMPLE TERMS AND CONDITIONS - SCHEDULE 1

The terms and conditions below are a sample of the Schedule 1 Terms and Conditions which may be attached to an approved Lawful Authority. Please note that these terms and conditions may be subject to change or additional conditions may be attached specific to your application.

Any terms and conditions attached to a lawful authority must be read in conjunction with the Conservation and Land Management Act 1984 (the Act) and Conservation and Land Management Regulations 2002 (the Regulations). Nothing in these terms and conditions is to be read as limiting the Act or Regulations. In the event of any inconsistency the Act and Regulations shall prevail.

General

1. The authority holder shall comply with all laws relating to the conduct of activities pursuant to this authority including, but not limited to: a. the Act; b. the Regulations; c. the Wildlife Conservation Act 1950; d. the Wildlife Conservation Regulations 1970; e. any other Act, Regulations or By-laws.
2. The authority shall comply with all verbal and written directions issued to it by an authorised officer appointed pursuant to sections 45 or 46 of the Act.
3. The authority holder acknowledges and agrees that any failure to abide by the conditions of this lawful authority will constitute grounds for its suspension, alteration or termination and the authority holder shall be given notice of any infringement and be required to show cause why the lawful authority should not be terminated.
4. The authority holder acknowledges that the DEC District Manager or his/her delegate has full on-site control, allowing for the alteration of activities if the need arises.
5. The authority holder agrees that they will not represent themselves as an agent of DEC or the Director General or in any way purport to act for or on behalf of DEC or the Director General in carrying out the approved activity.
6. The authority holder acknowledges and agrees that this lawful authority is subject to any necessary approval being obtained from other authorities as required (eg local Government, Water Corporation, Police Department, Department of Transport).
7. The authority holder acknowledges and agrees that this lawful authority is subject to any necessary approval being obtained from the relevant traditional owners and that this may be required in writing.
8. The authority holder acknowledges and agrees that it will, if so directed by DEC, reimburse DEC for any costs of search or rescue incurred by DEC arising or in connection with the conduct of the activity or the presence of the authority holder in the park or reserve.
9. The authority holder agrees that it will make good any damage of whatsoever nature and howsoever occurring to the park or reserve (including damage to vegetation, Aboriginal or historic sites, relics or park facilities), which results from the activity or the presence of the authority holder in the park or reserve.
10. The authority holder acknowledges and agrees that if it fails to make good such damage to the satisfaction of DEC then DEC may cause to have the damage repaired and may recover the costs of doing so from the authority holder as a debt due to DEC.
11. The authority holder agrees to publicly acknowledge the contribution of DEC in any credits for the photograph or film by inclusion of the statement "Produced with the assistance of the Department of Environment and Conservation, Western Australia" with the display of the DEC logo, if required to do so.
12. The authority holder acknowledges and agrees that a copy of the final film product or scientifically important unedited sequence will be supplied at DEC's expense (production cost) if so required by DEC.
13. The authority holder agrees to comply with any request by DEC to preview the final film product to ensure that DEC's policies, objectives and regulations have been met.

Safety

14. The authority holder acknowledges and agrees to provide appropriate safety equipment and caution employees and other people participating in the filming/photographic activity about the hazards likely to be encountered on DEC managed lands and waters.

Public Liability Insurance

15. The authority holder agrees that at all times during the period of the lawful authority they shall maintain a policy of public liability insurance for a sum of no less than $10 million per event.
16. The authority holder agrees that neither the State, DEC, nor the CEO take any responsibility or liability for the security, loss, damage or otherwise of any vehicle, machinery, equipment or other goods or property owned by, or under the control of, the authority holder.

Operations

17. The authority holder acknowledges and agrees that this lawful authority does not give the authority holder exclusive use or access to any site, facility or wildlife.
18. The authority holder agrees to:
    1. remove all equipment and completely clear and clean the location/s by the date of expiry of this lawful authority with all rubbish to be removed unless bins are provided;
    2. not erect any facilities or structures, whether temporary or permanent, without written approval;
    3. pay camping fees where applicable;
    4. light no fires other than in portable stoves or DEC approved fireplaces;
    5. drive vehicles in the park or reserve only on the designated roads or on such other areas as the officer-in-charge may approve;
    6. use DEC camping facilities if required and in accordance with conditions applying to the public;
    7. carry a copy of this lawful authority at all times during filming/photography.

SPECIAL CONDITIONS MAY BE SPECIFIED IN THE LAWFUL AUTHORITY AS SCHEDULE 2

COMMERCIAL FILMING/PHOTOGRAPHY ON
DEC-MANAGED LANDS AND WATERS

Charges will be calculated on the following basis (all prices include GST):

Filming Fee/Lawful Authority Charge:

Standard:

Non-stills photography:

• $550 for the first day or part thereof and $220 for any subsequent day or part thereof (for any number of parks. (Parks to be visited must be specified on the permit application). These charges apply to advertising, feature films, documentaries and other educational and tourism films, except where non-standard charges or waiver or reduction of charges are deemed appropriate (see below).

Stills photography:

• For commercial stills photography, a charge of $275 for a full day or $137.50 for a half day (5 hour period) will apply.

Non-standard:

• A charge higher than the standard charge can be negotiated by DEC on the basis of the scale of the production, the amount of supervision required, the level of expertise of staff required, the location of filming, and other factors. For example, a large scale advertising production which uses a well known or significant feature, eg. The Pinnacles, Bungle Bungles, etc., may attract a substantially higher charge than the standard charge. This charge will be negotiated by the Regional/District Manager or Manager, Corporate Relations and should include administrative costs of both Perth-based and local staff.

• A flat charge of $1100 for small scale productions that will require more than three days access and where the subject matter will have some benefit for DEC's objectives, but may not qualify for waiver or reduction of charges (see below).

Waiver or reduction of charges:

• Charges can be waived or reduced at the discretion of the Regional or District Manager for educational and tourism films that are likely to increase appreciation, awareness and understanding of the natural (or cultural) environment and which benefit DEC's objectives. This waiver or reduction of charges would apply to Tourism Western Australia-sponsored productions on a case by case basis and some documentaries and television lifestyle programs, eg. Talk to the Animals, The Great Outdoors, Holiday, or where DEC is working closely with the film-makers on the script or DEC will gain community education benefits.

Supervision charges:

Standard:

• $55 per hour. This applies where a charge is made for management supervision in cases where the District Manager or ranger deems it necessary, eg., in sensitive areas or where the film-maker requests the assistance of a ranger.

Waiver of charges:

• Supervision charges can be waived at the discretion of the Regional/District Manager or Manager, Corporate Relations in consultation with the Region/District if the production will increase appreciation, awareness and  understanding of the natural (or cultural) environment and will benefit DEC's objectives, or if the supervision costs are built into a non-standard filming charge (see above), or if the filming/photography is sponsored by theTourism Western Australia.

Waiver of Park Entry fees:

• Approved filming/photography groups will be given a waiver of entry fees if they are accessing parks where entry fees apply. They must show a copy of their lawful authority at the entry point, if required, to be granted the waiver.