On Monday, September 13th I published an email that I had sent to Waverley Council in August and the response that I got that day from the Media/Executive Assistant to the Mayor of Waverley Council. I wasn’t very impressed with the response I had got to my questions of August 27th, so I wrote back to the Media/Executive Assistant on Tuesday asking for some clarification. Today, I have received the response to the set of questions that I sent to Waverley Council on September 14th. The email that I wrote to Waverley Council read as follows:
September 14th, 2010
Yesterday I received a response from you to an email that had originally been sent to Dov Midalia on August 27th. Unfortunately I do not really consider that the response you gave me has adequately answered the two questions that were in my original email. So I am putting them to Waverley Council again.
On Page Eight of the Local Government Filming Protocol 2009, under the heading ‘The New Local Government Filming Protocol’, the following is stated:
“Amendments to the Local Government Act 1993 provided that the Director General may issue a filming protocol which is binding on local councils in relation to the approvals and services provided to location filming production.
This revised protocol, is binding on local councils, and spells out the dynamic of the relationship between the screen industry in NSW and local government under these new arrangements. It seeks to generate a shared intelligence between filmmakers and councils of the issues associated with the needs of each party to support the screen industry and meet the needs of local communities.
The act of filming does not of itself require an approval by councils, nor is it subject to fees.
What may require approval, and attract fees, are activities associated with filming where approval is required under legislated or regulatory authority or services are provided to the filmmaker. …
This Protocol does not cover stills photography – the Filming Related Legislation Amendment Act 2008 and the Local Government Act 1993 specifically exclude still photography, and it does not require council approval or attract council fees unless it involves additional activity such as blocking streets, constructing a set or additional parking. In these cases, the Protocol can provide guidance for councils in processing high impact stills shoots. Those contemplating still photography should approach councils for further information.”
You will note that I have highlighted in red and further underlined some very relevant parts of this page of the Local Government Filming Protocol.
So my question is this: If Waverley Council is charging small-scale photographers who are either low impact or medium impact (according to council definitions) both an application fee and a per hour fee for such “commercial photography” when their photography activity has no additional impact such as blocking streets, etc. – doesn’t this put the current Waverley Council policy in breach of the Local Government Filming Protocol 2009, which is supposedly binding upon all councils in New South Wales?
And if Waverley Council does not consider itself to be in breach of the Local Government Filming Protocol 2009, doesn’t this show that the section that I have highlighted in red from Page Eight of the Protocol is in effect meaningless?
Waverley Council has produced a document titled “Commercial Filming and Photography in and of Public Open Spaces in Waverley”. This document can be accessed at http://tinyurl.com/2w8f68v
According to this document, you need a permit … ‘If you want to capture aerial images of Waverley for commercial purposes from aircraft flying over the area’ and … ‘If you want to use an image of the Waverley area for a commercial purpose (for example you may be a picture editor, a commercial film library or tour operator).’
My question therefore is this: On what basis can Waverley Council insist on permits in either of these situations? What legal right do you have to ask for such permits? (In your response of September 13th you claimed: “Many commercial products and events seek to align their product with the Bondi brand. It is in the interest of all parties to protect and maintain its iconic status and image.” However this does not answer the question that I put to Waverley Council and further, I can see nothing in the Local Government Act 1993 which would give Waverley Council any such powers which are claimed in the document that I have cited.)
You noted in your response of September 13th that, “Waverley Council receives thousands of applications each year for photography and filming.”
My question is this, how many photographic applications did Waverley Council receive in the past year (financial year 2009-2010, or calendar year 2009) and how many were approved?
On Page Four of the Local Government Filming Protocol 2009, the Minister for Local Government notes the following: “Fees and charges related to location filming activity are, at a maximum, to be cost reflective.”
My question is this. In what way can the Waverley Council charges for still photography ($150 application fee and $75 per hour for low impact) be said to be “cost reflective”, when a low impact photographer incurs no cost to council apart from your own self-imposed cost of processing an application?
Further, aren’t “commercial” photographers entitled to feel that they are being unfairly treated by Waverley Council when you impose a cost upon them of an application fee of $150 plus $75 per hour for both low and medium impact photography (thus making a one-day shoot of eight hours a very costly exercise at $750) when a personal fitness trainer can make use of Waverley Council’s public open spaces throughout the entire year for as little as $700?
In 2004 I was told by a Waverley Council official that I would need a council permit in order to take pictures in the Waverley Cemetery which were to be used in conjunction with a magazine article. Does this situation still apply? And further, does your definition of “commercial” photography extend to photographers who are doing pictures for magazine features in Public Open Spaces, or whose photography will be used in books, calendars, postcards etc.?
On September 6th, Woollahra Council passed a motion stating, “That an urgent report be brought to Council on the cost and impact of removing all regulations and fees for low impact photography in Woollahra.” This successful motion was proposed by Councillors Shoebridge, Grieve and Jarnason and their rationale was that: “There appears no earthly reason to regulate small scale photography in the area when it causes no or minimal impact on residents or the use of public space.”
My understanding is that the removal of fees and permits for low impact “commercial” photography in the Woollahra Council area will happen very soon. My question is this, isn’t this action by Woollahra Council indicative of the fact that fees charged and permits required by small-scale photographers are actually unjustifiable?
I look forward to your considered response.
And this was the response I received today, September 16th from Danielle Lee-Ryder, the Media/Executive Assistant to the Mayor of Waverley Council.
Commercial still photography is not covered by the filming protocol. This was made clear by the Office of Filming when the NSW Filming Policy was gazetted in 2009.
Waverley Council was involved in the consultation when the NSW Filming Policy was developed along with many other councils. From this consultation Council reviewed its still photography fee structure to reflect the filming structure. There are now two categories, low/medium impact and high impact/exclusive use. While location fees have been retained for still photography, for low/medium impact shoots both application and location fees are now lower than before.
Council will consider reviewing the current situation for low impact commercial still photography. We will meet with other councils, the Office of Filming, the Department of Local Government and the LGSA on this matter.
In the meantime, the current fees and charges apply for all photography and filming of all public places in Waverley. As previously mentioned, under certain conditions (e.g. community benefit) the hourly fee may be waived for low impact commercial photography, however a permit is still required.