The Victorian Parliament has passed the Filming Approval Bill 2014.

The purpose of the Bill is to cut red tape from the highly complex process for obtaining commercial filming permits and to create a clear legal framework for commercial filming on public land managed by local and State governmental bodies.

The Hon Louise Asher MP released a statement on the Bill saying:

"The screen industry is highly competitive, deadline driven and cost sensitive. The ease of doing business is a key consideration for a footloose production finalising is project location."

To achieve its task, the Bill sets out eight "film friendly principles" that are designed to harmonise the permit approval policies, processes, timeframes, fees and documentation across Victoria's various governmental bodies.

Film friendly principles

  • Approval
    1. A public agency that receives an application for a film permit must not unreasonably withhold the approval of that application, subject to:
    2. consideration of public amenity, safety and security;
    3. environmental and heritage impacts;
    4. the operational requirements and commercial agreements of a public agency; and
    5. the maintenance of land or facilities.
  • Timeliness

  • A public agency must approve or refuse permits in a timely manner and take reasonable steps to respond to an applicant within five business days.

  • Reasons for refusal

  • A public agency that refuses to approve an application for a film permit must give reasons to the applicant for the refusal.

  • Point of contact

  • A public agency must take reasonable steps to provide a single point of contact to deal with commercial filming on public land. This principle does not prevent a public agency from processing applications for various matters related to commercial filming in different parts of the agency.

  • Standard forms

  • A public agency must ensure that any application forms and other documents required by the public agency to consider an application for a film permit are consistent with any standard forms or documents issued by Film

  • Fees

  • Where a public agency has power to charge fees for film permits (or applications), the agency must not set fees above cost recovery unless specifically authorised under another Act. The public agency must also take the broader economic benefits that commercial filming brings to the community into consideration when setting fees that are not otherwise prescribed.

  • Accessible information

  • A public agency that has the power to issue film permits must publish information about how a person may apply for a film permit on its website, or on a website approved by Film Victoria. Film Victoria may also request a public agency to publish any other relevant information regarding these principles, or to publish information on a website other than the agency's website.

  • Staff training

  • A public agency must take reasonable steps to ensure that staff responsible for considering and issuing film permits are given appropriate information regarding the film industry.

The principles are scheduled to come into operation on 1 March 2015 and will apply to public agencies including local councils. Film Victoria is working with public agencies to develop resources to help frontline staff understand and apply the new principles.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.