Section 4 - Filming Approval Act 2004 - Filming approvals for designated areas

4Filming approvals for designated areas

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4 Filming approvals for designated areas

(1) A person proposing to carry out a filming activity in a designated area may apply to the relevant Minister for the area for approval to carry out the activity in that area.

(2) The relevant Minister may, by order in writing, grant approval to any such applicant and such other persons as may be specified in the approval to carry out such filming activities in the area as are specified in the approval.

(3) In determining whether to grant a filming approval to carry out a filming activity in a designated area, the relevant Minister must have regard to each of the following matters:

(a) if the area forms part of land that is reserved or dedicated under Part 4 or 4A of the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act:

(i) any heritage values of the land,

(ii) if the approval will authorise the use of any building or structure on the land—the cultural significance of the building or structure,

(iii) any plan of management for the land,

(iv) in the case of land that is a wilderness area within the meaning of that Act—whether there is no other feasible location outside of that land within New South Wales to carry out the activity,

(b) if the area forms part of a marine park within the meaning of Marine Estate Management Act 2014:

(i) any heritage values of the park,

(ii) if the approval will authorise the use of any building or structure in the park—the cultural significance of the building or structure,

(iii) any operational plan or zoning plan under that Act for the park.

(3A) However, it is presumed that the Minister will grant a filming approval to carry out a filming activity in a designated area that forms part of land that is reserved under Part 4 of the National Parks and Wildlife Act 1974 (other than a wilderness area within the meaning of that Act) unless the carrying out of filming activities on the land is expressly prohibited by any plan of management for the land.