Conditions for Filming and Photography

The uniqueness and sensitivity of this site demands increased awareness, particularly regarding vehicle use and the erection of temporary structures within its boundaries.
We ask for your care and consideration for them and specifically request that this information be relayed to your employees and contractors.

GENERAL CONDITIONS

1. The Applicant and participants must comply with any request made of them by the Royal Botanic Gardens & Domain Trust (the Trust) staff prior to, during and after the activity.
2.  Close liaison must be maintained with Trust staff over the proposed use of the area concerned.
3. The approval of any other government agency that may be required is the applicant’s responsibility.
4. All regulations under the Royal Botanic Gardens and Domain Trust Act 1980 (as amended) must be observed.
5. A public liability insurance policy for minimum $10 million noting the Royal Botanic Gardens and Domain Trust and all its employees and agents must be arranged by the applicant.
   Evidence of this policy must be provided at the time of application.
6. Any damage resulting from an approved film/photography shoot shall be recompensed by the applicant. All direct costs incurred by the Trust in relation to the shoot must be covered by the Applicant.
7. 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.
8. Additional specific conditions may be imposed and will be advised in a separate letter of attachment to the hire agreement.
9. The site is available only to the Licensee whose name appears on this letter. We are to be advised in writing if any of the details of your occupation of the site change.
10. This Agreement for Use is sent in good faith. If in the view of the Licensee it contains any inaccuracies, these must be resolved before signing.
11. The Trust must be advised if any aspect of your shoot changes from the way it is described on your application.
12. The locations chosen for your shoot cannot be legally closed off to other members of the public.
13. The Trust must receive copies of any incident reports arising from the hirer’s activities on site.
14. Where the Royal Botanic Gardens and Domain Trust buildings or lands are depicted in a film, video, photograph or other medium, the hirer shall not cause any display of images, words, acts or other material of a crude, offensive nature that is likely to embarrass or distress or in any way injure the reputation and standing of the Trust, its employees or any reasonable member of the public.
15. Fireworks, drones, externally sourced plants, animals and amplified sound are not permitted, unless specifically authorised by the Trust.
16. The Trust does not provide exclusive use of the Australian Botanic Garden Mount Annan. As a site hirer, the organiser should be aware that other non-related activities may be occurring or in place during your period of use. The Trust reserves the right to cancel your booking.
17. Failure to comply with conditions in your licence agreement may result in additional fees and/or the bond being withheld.

RISK MANAGEMENT AND SAFETY

18. A Risk Management and Safety Plan for filming at the location must be developed, implemented and a copy provided to the Trust prior to commencement of the shoot. This includes a risk register as evidence that a thorough risk assessment, which identifies risks and provides a means of implementing and managing controls, has been conducted. This also includes emergency and evacuation plans.
19. All employees and contractors must have OH&S induction training and have completed safe work method statements as required by the OH&S Regulations 2001 Part 8.3.
20. All incidents including injury, property damage or loss and near misses must be investigated, documented and reported to the Trust within 24 hours.
21. Serious incidents must be reported verbally to the Trust immediately.
22. Employees’ and contractors’ work practices must not cause hazards or endanger visitors or staff working on Trust Lands. The work site must be safe, with appropriate safety barricades, guards and signage in place where necessary.
23. All machinery used on Trust Lands must be in a safe working condition with appropriate safety devices fitted and all machinery conforms to appropriate Workcover legislation.
24. All employees and contractors must be suitably attired (including where relevant wearing company identification, safety boots, hard hats and safety vests), sober and thoroughly trained for the purposes of the activity.
25. The Licensee must comply with any reasonable direction by the Trust to remove an employee or contractor from active duty on the Site if they are guilty of misconduct and indemnify the Trust against any claim in respect of such action.

FEES AND CHARGES

26. A fee will be levied for use of the Trust’s lands and facilities as per current rate card. A bond may also be required as security against possible damage. Payment of location fees must be made prior to the commencement of the shoot.
27. If the fees are not received on the due dates, the Trust reserves the right to make the site available to another hirer, after a written request to the Licensee for immediate payment.
28. Additional fees may be levied and/or the bond withheld if the shoot is not managed in accordance with the contract and filming conditions.
29. Additional fees may be levied up to $110 (inc. gst) per day if required plans or certificates are not submitted by dates specified in the licence agreement in accordance with the contract and filming conditions.
30. An application for the use of Trust Lands submitted at short notice may incur a late booking fee or be refused.
31. In the event of cancellation, a cancellation fee to cover the Trust’s administrative costs up to the time of notification will be levied. In addition, once a filming permit has been issued the following fee will be retained by the Trust:

• 50% of the Total Fee if cancelled between 24 & 72 hours from the first day of photography/filming;
• 75% of the Total Fee if cancelled less than 24 hours from the first day of photography/filming.

The cancellation must be in writing.

32. In the event of a change of date, a fee may be levied equivalent to the Trusts’ administrative costs associated with this change of date.
33. Approval will not be final until full payments are received, and a signed permit is returned to the Trust.
34. The Trust reserves the right to appoint a Trust site representative to guard the interests of the Trust. The Licensee must meet the costs associated with the engagement of a Trust site representative.
35. The Trust reserves the right to cancel a booking and will refund any payments received. No further compensation will be payable.

STRUCTURES AND EQUIPMENT

36. Trust approval must be granted before the erection of any structures. Plans must be submitted to the Trust for this approval.
37. The Applicant must not alter, add or affix any item, sign or poster within the Trust Lands without prior consultation with the Trust. Items must not be attached to trees, buildings, heritage features or other fixed structures.
38. All authorised temporary structures must be weighted not pegged, and must be floored, unless otherwise specifically authorised by the Trust.
39. During construction of stages or other structures, the immediate area is to be fenced off and made safe to the public.
40. The applicant must ensure that all structures and equipment are placed outside the Tree Protection Zones (TPZ). The TPZ is located within the drip-line of any tree canopy and/or 3 meters from the base of any tree.
41. The Applicant shall be responsible for the security of any equipment under their control. 
42. When operating dollies, cranes, moveable arms, or any other machinery, the immediate area is to be defined by witches hats and made safe to the public.
43. All wheeled equipment such as lighting trolleys should be secured in a stationary position.
44. All cables must run along the kerbside where possible and when crossing a path they must be covered with cable guard.

VEHICLE MOVEMENT

45. Please note that there is no vehicle access inside the Garden. Authorised access may be given upon request to essential vehicles such as generator trucks and to utility vehicles for drop off and collection of equipment. All vehicles must be escorted on site by a Trust representative.
46. Vehicles are not permitted to drive more than 10 kph on pathways within the Garden and Domain.
47. Vehicles must be parked only in the metered parking areas provided unless otherwise specifically authorised by the Trust.
48. You must not barricade, or park vehicles in, any area signposted as bus parking areas, disabled parking areas (unless disabled permit is displayed) or media parking or any area signposted as no standing.
49. When vehicular access is authorised, the Trust disclaims liability for any third-party personal injury or property damage claims, which may arise from vehicles being driven or transported on its lands.
50. Vehicles are not permitted to drive or park on the grass.
51. Riding on the back or other inappropriate parts of open vehicles is strictly prohibited.
52. Drivers are not permitted to drive over sandstone kerbing.
53. Changes to road conditions must be managed by authorised personnel and require signage via variable message signs and must be arranged with written permission from the Trust.
    Directing or controlling traffic must only be managed by an RTA-certified traffic controller.
54. Most paths and access points have weight and height restrictions. Please check these points with Trust staff to ensure transport vehicles can fit without damage to the site. It is not permitted to drive trucks on Trust lands that are over 4.3 metres in height, or trucks that are oversized according to RTA regulations or weighing more than 8T per axle.

CATERING CONDITIONS

55. The authorised catering service must comply with all statutory health requirements including the Temporary Food Premises Code from Camden Council.
56. The Caterer must ensure that hot water, oil, fat, ice or dry ice is not tipped on the grass.
    Such tipping damages the turf and a returfing fee will be charged.
57. Notification of all power and water requirements should be given at the time of the application.
58. The Caterer must have its own sullage and rubbish facilities. No sullage can be disposed of on site.
59. Catering Contractors and their staff must comply with any reasonable request made of them by Trust staff prior to, during and after the activity.
60. Only light garden chairs and trestle tables can be used in authorised catering areas. 
61. Caterers using gas bottles must display plates with current NSW LPG Certificate of Inspection & comply with all regulations.
62. No open-air BBQ’s are allowed within the Australia Botanic Garden Mount Annan. BBQ’s must be within floored marquees and residues must be collected in drip trays. Portable BBQ’s are to be elevated to prevent damage to grass and must be gas fired.

CLEANING

63. All litter must be removed at the end of the shoot.
64. The Applicant is responsible for returning the Designated Trust Lands to the Trust in the same or better condition.
65. 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.

Wedding Photography

66. The wedding photography permit provides you with a two (2) hour permit for use in any location that is not already booked – and you are to stay no longer than 30 min in any given location - all areas are non-exclusive.
67. Bookings do not include any garden infrastructure, such as BBQ’s, tables, benches or playgrounds.
68. Wedding photography must not interfere with the general use of public facilities.

Portraiture Photography

69. The portraiture photography fee allows one photographer to photograph one client (that can be a group/family).