Filming and Photography Terms and Conditions

  1. 1. Hours of Filming and Photography
    • Monday to Friday only. No filming and photography will be permitted on weekends or Public Holidays, unless authorised
    • Between gate opening and gate closing times (Night filming may be arranged on application). Please contact Functions & Events Coordinator for details on (02) 4634 7903
  2. General Conditions
    • The Applicant and participants must comply with any requests made of them by the Gardens staff prior to, during and after the activity
    • The approval of any other Government agency that may be required is the applicant’s responsibility ie councils
    • The applicant or a representative is to be on site at all times during the shoot
    • A mobile telephone number is to be supplied to the Trust for that person
    • The Trust must be advised if any aspect of your shoot changes from the way it is described on the application
    • If Trust building or lands are depicted in a film, video or photography, the hirer shall not cause any display or images, words acts or other materials of a crude, offensive nature that is likely to injure the reputation and standing of the Trust
    • Fireworks or Firearms are not permitted on Trust land. Replica firearm requires Trust approval as well the applicant must provide a copy of the Armorers Licence
  3. Booking Payment
    • Location fees will be calculated on application according to the current fees and charges rate card
    • Payment of location fee must be made before filming commences. Your booking is not confirmed until full payment has been received
    • Exclusive use of an area may attract a daily hiring fee in addition to the location fee
    • Late fees as specified in the fee schedule may be payable for applications received less than two business days prior to shoot
    • The portraiture photography fee allows one photographer to photograph one client (that can be a group/family)
  4. Cancellation
    • Cancellations unrelated to wet or adverse weather will incur a cancellation fee if cancelled less than two days from agreed shoot date
  5. Wet Weather Cancellation
    • A refund of location fees of an amount comparable to the time of lost due to inclement or adverse weather is permissible, minus the non-refundable application fee
    • A future date may be approved in lieu of time lost due to inclement weather
    • Weather hold days may be applied for and approved where it is anticipated that time may be lost due to adverse weather
    • The Trust reserves the right to alter, cancel or postpone any filming/photography on Trust lands due to the occurrence of adverse weather
  6. Bond Payment
    • Where the Trust considers maintenance or restoration works may be required after filming/photography activities, a bond will be held prior to filming
  7. Damage
    • The hirer will be held responsible for any damage caused to the location during the hiring
    • The hirer will be required to cover costs associated with repairing any damage
  8. Gardens Ranger Security Officer
    • It is a requirement during film shoots that a dedicated Ranger Security Officer is on duty. Their role is to enforce Gardens Regulations and where possible to assist with any reasonable request made by the production company
    • The cost of Ranger Security Officer resources is borne by the production company and will be invoiced by the Trust
    • If external security is on site for a film shoot the applicant must provide the Masters Licence and Public Liability Insurance from the external security provider
  9. Public Liability Insurance
    • Public Liability insurance of minimum $20 million is required for all filming; and Public Liability insurance of minimum $10 million is required for all photography. A copy of a certificate of currency must be submitted with the application
    • The Trust and officers of the Trust must be named as interested parties on the insurance policy
  10. Vehicles
    • Vehicles must remain on sealed roadways unless otherwise authorised
    • Vehicles must observe road rules as signposted, including one way traffic flow. The 30km/h speed limit must be observed
    • Roadways must remain open at all times to through traffic, unless otherwise authorised
    • Directing or controlling traffic may only be managed by an RTA certified traffic controller
  11. Site Preparation
    • Garden features, landscapes, or built structures may not be altered
    • Fencing off garden areas for exclusive use is not permitted, unless otherwise authorised
    • Special requests for site preparation may incur additional costs
    • Cables crossing pathways or tracks must be protected with appropriate covers to ensure public safety
  12. Construction and Props
    • Built structures are not permitted in The Australian Botanic Garen Mount Annan however free standing props may be permitted
  13. Use of Trust Buildings
    • The Trust does not provide buildings for production purposes, unless otherwise authorised
  14. Use of Ponds
    • Built structures are not permitted in or over ponds
    • No boats are permitted on ponds (unless authorised)
    • Filming is not permitted on the islands
  15. Flora & Fauna
    • The Garden is an increasingly important wildlife refuge. Please do not harass or feed aquatic life or birds, pick flowers, take cuttings of plants or otherwise damage animal or plant life. Fines apply for these actions
  16. Animals
    • Domestic animals of any type are prohibited in the Garden unless unless otherwise authorised
  17. Working with Children
    • Filmmakers and still photographers must hold an authority to employ any children under 15 years of age for the purposes of entertainment, exhibition and still photography. More information is available from the NSW Office for Children – the Children’s Guardian (OCCG) on (02) 8219 3600 or www.kidsguardian.nsw.gov.au
    • The ‘Entertainment and Exhibition’ category under this legislation includes filming for TV commercials, feature films, TV dramas, documentaries etc. and exhibitions, such as catwalk modelling
  18. Access to Power Supply
    • Electricity supply is not provided by the Trust
    • Silent mobile generators may be used and are to be arranged by production companies at their own expense
  19. Aerial Filming
    • The use of any aircraft (fixed wing, helicopters, hot air balloons, parachutes, model aircraft) on or above Trust lands is prohibited, unless otherwise authorised
  20. Risk Assessment
    • A risk assessment and safety plan must be completed by the production company prior to work commencing on site
    • It is the responsibility of the production company to ensure all legislative requirements for OH&S and public safety are met
  21. Damage
    • The hirer will be held responsible for any damage caused to the location during the hiring
  22. Catering Conditions
    • Catering contractors and their staff must comply with any reasonable request made of them by the Trust staff prior to, during and after the activity
    • The caterer must ensure that hot water, oil, fat, ice or dry ice is not tipped on the grass, such tipping may damage the turf. No rubbish or waste can be disposed of on site
    • Caterers using gas bottles must display plates NSW LPG Certificate of Inspection & comply with all regulations
  23. Cleaning
    •  All litter must be removed at the end of the shoot
    • The Applicant is responsible for returning the Designated Trust Lands to the Trust in the same condition
    • At the finish of the shoot, the Trust reserves the right to request further cleaning of the Designated Trust Lands at a cost to the Applicant
  24. Sound
    • Sound must be at ambient levels within the filming or photography site. Amplified sound is not permitted unless otherwise authorised
  25. Trading Terms
    • The Gardens reserves the right to decline Filming & Photography applications if deemed unreasonable by the Trust
    • Any application received within 2 working days before the shoot date will be subject to approval under the Gardens discretion
    • If major changes are required to the initial application a new application may be required for approval
    • Changes to the initial application is limited to two
  26. Indemnity
    • The Applicant or any of the Associated Persons shall indemnify the Trust (the gardens) against:
      • Loss of or damage to property  of the gardens, and
      • Claims by any person against the Gardens in respect of personal injury or death, or loss of a damage to any property

Further Information

For further information relating to these conditions or applications for hire of facilities please contact the Functions & Events Coordinator on (02) 4634 7903.