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P

ERMIT APPLICATION

COMMERCIAL IMAGE CAPTURE AND USE

(FILMING, PHOTOGRAPHY, SOUND RECORDINGS AND ARTWORK)

Booderee National Park is a Commonwealth reserve established under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) to manage the environment of the region for the benefit of all people, present and future. The Director of National Parks uses a permit system to help regulate some activities. Permits may be issued subject to conditions that help to identify, protect, conserve and manage biodiversity, heritage and other values of national parks.

When a permit is required

You will need to apply for this permit if you wish to conduct filming, videoing, photography or art in or of Booderee National Park (Booderee) for commercial purposes. Commercial purposes means carrying out an activity with intent of a reward, i.e. money, merchandise or services, or the possibility of future reward (if done for financial reward or commercial gain, under contract or consignment for another person, and/or with a view to being sold or hired out, or for promotion/advertising of a product or service).

Please make sure you and your staff (if any) are familiar with, and adhere to, the permit conditions of any permits you are issued with. Breaching permit conditions may lead to the permit being suspended or cancelled.

Obtaining or using an existing image of Booderee

If you want to use or obtain an existing image of Booderee you do not need to fill out this application, but will need to contact the permits officer on (02) 4442 1006 or booderee.mail@environment.gov.au regarding permissions and acknowledgement that might be required.

Apply well in advance

Please allow at least 14 days for your application to be processed. Some projects, particularly where consultation with traditional owners is required, may take a minimum of 8 weeks.

Some things to consider before you apply

Overseas applicants

If you intend carrying out filming or photography for commercial purposes while in Australia it is a requirement under the Australian Migration Act 1958 that you obtain a Temporary Work (Entertainment) (Subclass 420 Visa). These can be applied for from any Australian Embassy.

Permit Fees

Permit application fees are payable under Part 18 and Schedule 11 of the Environment Protection and Biodiversity Regulations 2000. The fees are:

CINE/VIDEO/RECORDING

AUD $250

per day or part-day

STILL PHOTOGRAPHY/ARTWORK/AUDIO RECORDING

AUD $10

per day or part-day

Working with Booderee’s Traditional Owners

Projects that seek to involve traditional owners are welcomed in Booderee. If you wish to involve traditional owners in your image capture, or if you are filming in sites that require permission from traditional owners, please provide those details in your permit application, as traditional owners will need to be consulted. Please contact the Park for help in arranging traditional owner’s involvement and seeking permissions to access restricted areas. Traditional owners will negotiate a separate fee for their time.

Public liability insurance

You will need to provide a certificate of public liability insurance showing that you, your staff and contractors are covered for the proposed image capture and use. Your public liability insurance needs to be with an insurer that is approved by the Australian Prudential Regulation Authority, and for at least $20 million for each and every event. Please contact the Park if you are unable to meet this requirement.

Park briefing

Once you are granted a permit, you and your staff (if any) are required to attend a briefing by park staff before you commence your image capture. Briefings are conducted at the Booderee National Park Administration office within normal business hours of 9am to 5pm and you can nominate your preferred time in your permit application.

How to apply

Please read through the permit conditions and complete the application form attached. Please also make sure you:

understand and are prepared to comply with permit conditions (attached to this application form)

answer all the questions in the application form – if you need more space than is available on the form, please attach a separate sheet

complete the application checklist

sign and witness the agreement and declaration pages – a permit cannot be issued unless these pages have been received

email or send the application to the address at the end of the application package.

pay the permit fee (non-refundable)

Please answer all the questions to the best of your knowledge; there are severe penalties for giving false or misleading information. All information will be treated in strict confidence. Completed applications should be posted or emailed to:

Permits Officer
Booderee National Park
C/- Village Road

JERVIS BAY TERRITORY 2540

Phone: + 61 (02) 4442 1006

Fax: +61 (02) 4442 1063

E-mail: booderee.mail@environment.gov.au

By posting or emailing this application form to the permits officer, you agree that if a permit is issued, you, your staff and agents will act in accordance with all of the permit conditions.

CONDITIONS FOR A PERMIT TO CAPTURE IMAGERY OR AUDIO IN BOODEREE NATIONAL PARK FOR COMMERCIAL PURPOSES

Regulation 12.09(1) for section 354(1)(f) of the Environment Protection and Biodiversity Conservation Act 1999

and regulation 12.06(2) for regulations 12.36(1) and 12.38(1)

Interpretation

In these conditions, unless the contrary intention appears:

Act means the Environment Protection and Biodiversity Conservation Act 1999 and Regulations, management plans and instruments made under it, and includes any Act which amends or replaces it.

agreement means the agreement at the end of these conditions.

capture for an image, means recorded or reproduced by artistic representation, or on film, videotape or electronic medium, and includes recorded sound.

Director means the Director of National Parks and includes any statutory successor to the Director and the Director’s delegates.

management plan means the management plan in operation from time to time for the park under the Act.

member of park staff means a person employed by the Department of the Environment in relation to the Commonwealth reserve in respect of which this permit is issued.

park means the named Commonwealth reserve(s) for which this permit is issued.

permitted activity means the specified activity for which this permit is issued.

permittee means each person (individual, company or other legal entity) to whom this permit is issued and includes, where the context permits, the permittee’s staff and the permittee’s clients.

permittee's clients means all persons, other than the permittee or the permittee’s staff, who take part in the permitted activity.

permittee’s staff means the permittee’s employees, contractors and other agents who take part in the permitted activity.

public area means an area that is not behind or beyond a barrier or fence and to which entry is not prohibited or restricted by or under the Regulations. Public areas in the park are generally listed in the Park Visitors Guide.

ranger means a person appointed as a ranger under s392 of the Act.

Regulations means the Environment Protection and Biodiversity Conservation Regulations 2000 and includes any Regulations that amend or replace them.

warden means a person appointed as a warden under s392 of the Act

In these conditions, unless the contrary intention appears:

      The singular includes the plural and vice versa.

      If a word or phrase is defined, other grammatical forms of that word or phrase have corresponding meanings

      Where one of the words ‘include’, ‘including’ or ‘includes’ is used, the words ‘without limitation’ are taken to immediately follow.

      Where the word “must” imposes an obligation on a person to do or not do something, the obligation is taken to be that the person take all reasonable steps to do or not do the thing (i.e. steps that ought to be reasonable to a person who possesses the faculty of a reason and engages in conduct in accordance with community standards).

General Permit Conditions

  1. The permittee must not conduct the permitted activity before the commencement date or after the expiry date shown on the permit.

  1. This permit cannot be transferred to another person, except in accordance with regulation 17.11 of the Regulations.

Note: If the permittee sells the business to which the permit relates, the permittee may apply to transfer the permit to the purchaser, in accordance with r17.11 of the Regulations, or the purchaser may apply for a new permit.

  1. The permittee must comply with the Act, Regulations, Management Plan, these permit conditions, and any other signs, notices, information, guidelines, codes of conduct, protocols or directions issued by, or under the authority of, the Director relating to the Park.

  2. The permittee must comply with all Commonwealth, State or Territory laws relating to the permitted activity.

  3. The permittee must hold all permits, licences and other authorities required by law for the conduct of the permitted activity.

  4. The permittee must maintain relevant training, qualifications and experience to competently conduct the permitted activity.

  5. The permittee must carry a copy of this permit and these conditions, or keep a copy in the permittee’s transport (vehicle, vessel or aircraft) while carrying out the permitted activity and must produce it for inspection when requested by a ranger or warden.

  6. The permittee must not walk off track or use any road, track or area that is permanently, temporarily or seasonally closed or restricted by fences, gates or signs, unless specifically authorised by this or another permit.

  7. The permittee must not, and must ensure that the permittees’s clients do not:

    1. behave contrary to the Regulations or any warning or regulatory signs; or

    2. pick fruits or flowers or branches, or otherwise damage any native plants;

    3. interfere with, feed, handle or disturb any native animals, or damage or disturb a nest or dwelling place of a native animal;

    4. touch or interfere with any rock art, sacred site or cultural artefact;

    5. impede public access to any part of the park.

Commercial Activity Permit Conditions

  1. The permittee must notify the Director, in writing, within seven days if:

    1. The permittee sells any business to which the permit relates to another person or group, or for any other reason ceases to conduct the permitted activity; or

    2. The permittee is a company and there is a change in the owner(s) of the majority of issued shares in the company.

  2. If the permittee is a company or other incorporated body, the permittee must not have as a director or office holder a person who has been convicted of an offence against the Act or Regulations within the previous ten years.

  3. The permittee must not, without the approval of the Director, use directly in the conduct of the permitted activity (eg driver or tour guide), the services of any person who has within the previous ten years been convicted of an offence against the Act or the Regulations prior to the grant of the permit.

  4. If any of the permittee’s staff contravene these permit conditions, the Director may:

    1. notify the permittee of the contravention; and

    2. direct the permittee to cease using the services of that person within the Park for a specified time, and the permittee must forthwith comply with that request.

Note: In this situation and in accordance with r14.16, the Director must give written notice to the member of the permittee’s staff of the decision, including a statement that the member of the permittee’s staff may apply to the Director to reconsider the decision and that, subject to the Administrative Appeals Tribunal Act 1975, the member of the permittee’s staff may subsequently apply to the Administrative Appeals Tribunal for review of the reconsideration.

  1. The permittee must ensure that all of the permittee’s staff are fully informed of and understand these permit conditions before they commence taking part in the permitted activity.

  2. The permittee must ensure that appropriate risk management systems, strategies and procedures are in place to minimise foreseeable risks to the permittee’s staff, members of the public, and the environment and heritage values of the Park, and must produce evidence of such systems, strategies and procedures as requested by the Director.

  3. The permittee must not conduct the permitted activity unless the permittee holds a policy of public liability insurance sufficient to cover any liability the permittee may have to third parties or to the Director under the agreement, and in any case for an amount of not less than $20 million in respect of any single event, with an insurer that is licensed by the Australian Prudential Regulation Authority or otherwise approved by the Director.

  4. The permittee must provide to the Director a certificate of currency for the policy of public liability insurance, evidencing that the policy covers all activities in the park of the permittee and the permittee’s staff, contractors and other agents:

    1. before the permittee commences to conduct the permitted activity; and

    2. on each occasion when the policy is renewed or when a new policy is taken out; and

    3. at any other time as requested by the Director.

  5. The permittee’s staff must not include a contractor or agent unless:

    1. The activities of that person are covered by the insurance required under condition 16 and 17 or

    2. The person holds a permit to conduct commercial activities in the park that authorises them to provide services to the permittee in connection with the permitted activity, and holds a policy of public liability insurance that satisfies the requirement of condition 16 and 17.

  6. The permittee is responsible for the safety, well being and behaviour of the permittee’s staff, and must take all reasonably practicable steps to ensure that no person is exposed to risks to their health or safety whilst in the park.

  7. If any of the permittee’s staff is killed, seriously injured, becomes seriously ill, or goes missing whilst in the park, a member of park staff must be notified as soon as possible and the permittee and the permittee’s clients must comply with any requests or directions from park staff in relation to that person or any other person.

  8. The permittee will make good any damage to the park, to the extent that the damage was caused or contributed to by the conduct of the permitted activity or a breach of the permit conditions by the permittee.

Booderee National Park Conditions

  1. The permittee must ensure that all persons over the age of 6 years, entering the park with the permittee and who are not part of the permittee’s staff under this permit, pay the applicable park use fee.

  2. The permittee must keep the Park updated within a reasonable time of any changes to the lists of permittee’s staff and vehicles used for the permitted activity.

Note: call the Park on (02) 4442 1006, or email booderee.mail@environment.gov.au.

  1. In conducting the permitted activity the permittee must only use the sites authorised by this or another permit.

  2. The permittee must comply with erected regulatory signs when using roads and tracks. The permittee must not use ‘Authorised Persons Only’ roads or tracks unless authorised by this or another permit.

Note: This permit does not authorise access to Wreck Bay Council areas, including Summercloud Bay and Wreck Bay. Permittees wishing to access the Wreck Bay Council areas will need to obtain permission from the Wreck Bay Aboriginal Community Council.

Activity Specific Conditions

  1. Before commencing the permitted activity, the permittee must attend a briefing given by park staff.

  2. The permittee must not carry on the permitted activity unless the permittee and a witness have signed and attested the agreement, and lodged a copy with the park.

  3. The permittee must not carry on the permitted activity in areas that are not public areas without the prior approval of the Director.

  4. The permittee must comply with directions given by or on behalf of the Director regarding the conduct of the permitted activity in public areas.

  5. The permittee must not carry out filming at any Aboriginal art sites unless accompanied by a member of the park staff or other representative of the Director:

  6. Without prior approval, the permittee must not capture or use any images taken of:

    1. Aboriginal people or park staff;

    2. Sites that are sacred to Aboriginals or otherwise of significance according to Aboriginal tradition that are not in a public area; or

    3. Aboriginal living areas or outstations.

  7. If any images captured under this permit are used or reproduced in a film or television broadcast, the permittee must ensure that the park is identified, and that assistance provided by park staff is acknowledged, in the film.

  8. If any images captured under this permit are used or reproduced in a film or television broadcast, the permittee must ensure that the film or broadcast provides accurate information in relation to the park.

  9. The permittee must not use any image captured under this permit for advertising purposes, other than advertising a film or television broadcast in which the image is used or reproduced, without the prior approval from the Director.

  10. The permittee must provide a copy of any film or television broadcasts produced as a result of the permitted activity to the park within three months of the first public screening.

Note: The Director may decide to vary or revoke these conditions, or impose new conditions, in accordance with r17.09 of the Regulations, and must do so where it is necessary to ensure that the matters or circumstances about which the Director is required to be satisfied when issuing the permit continue to apply.

  1. The permittee must seek permission each time pictures of traditional owners are published.

Note: Images that show sensitive sites and people who have passed away are offensive to traditional owners and are not considered appropriate for commercial use.

  1. The permittee must submit all images of the park that will be used for advertising a film/television broadcast or promotional purposes to the park for consideration before their publication and use.

  2. The permittee will only use the captured images for the permitted purpose stated on the permit and not for any other purposes.

  3. The permittee will not allow the image to be used by another person for a commercial purpose different from what is authorised by this permit.

Note: please contact the Park regarding what might be considered culturally inappropriate.

P



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