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Film By-law, 2018
- Published in KwaZulu-Natal Provincial Gazette no. 1993 on 6 September 2018
- Assented to on 28 June 2018
- Commenced on 6 March 2019
- [Up to date as at 5 June 2020]
PreambleWHEREAS the Municipality has executive authority in respect of, and has the right to administer the local government matters listed in Parts B of Schedule 4 and 5 relating to local tourism, local amenities, public places and control of public nuisances;WHEREAS the Municipality recognises the role that filming plays in the economy of eThekwini;WHEREAS the Municipality adopts a developmental approach to filming within a well-managed municipal area, consideration must also be given to–(a) the promotion of social and economic development;(b) the promotion of a safe and healthy environment;(c) municipal planning;(d) learning and development of human capital; and(e) the management of public places and public roads;WHEREAS the Municipality recognises the need to promote the establishment of eThekwini Municipality as a dynamic, creative, innovative cost-effective production centre for all forms of entertainment media products, where the film and media sector contributes significantly to the economy and to the international profile of eThekwini Municipality and all its citizens;WHEREAS the Municipality is committed to facilitating the processing of applications for permission to carry out filming in its area of jurisdiction, and to ensure that such facilitation occurs through the Durban Film Office, a division of the Economic Development Investment Promotion Unit within the eThekwini Municipality’s Sustainable Development and City Enterprise Cluster;WHEREAS the Municipality recognises the need to build co-operation and partnerships between key local and international players and establish linkages and synergies with provincial and national programmes;AND WHEREAS the Municipality intends to continue providing a facility, through the Durban Film Office, for the processing of applications for filming, while continuing to act within the constraints of the Constitution and existing legislation;NOW THEREFORE the Municipal Council of eThekwini Metropolitan Municipality, acting in terms of section 156 read with Schedules 4 Part B and 5 Part B of the Constitution of the Republic of South Africa, and read with section 11 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), hereby makes the following By-law:
1. DefinitionsIn this By-law, unless the context indicates otherwise–"authorised official" means a person authorised to implement the provisions of this By-law, including but not limited to─(a)peace officers as contemplated in section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);(b)municipal or metropolitan police officer as contemplated in the South African Police Service Act, 1995 (Act No. 68 of 1995); and(c)such employees, agents, delegated nominees, representatives and service providers of the municipality as are specifically authorised by the municipality in this regard: Provided that for the purposes of search and seizure, where such person is not a peace officer, such person must be accompanied by a peace officer;"child" means any person under the age of 18 years and "children" has a corresponding meaning;"child performer" means a child under the age of 18 years employed or contracted as an actor or performer in a motion picture or live theatrical production, or in a radio or television production or similar production for commercial media;"coastal area" means the land that constitutes the coastal zone of a coastal municipality;"Constitution" means the Constitution of the Republic of South Africa, 1996;"DMOSS" means Durban Metropolitan Open Space System, a system of open spaces incorporating areas of high biodiversity value (private and public owned) composed of a variety of habitat types linked together in an ecologically viable network;"Durban Film Office" means the office within eThekwini Municipality falling part of the Economic Development Cluster and responsible for matters regarding films and filmmaking including the granting of filming permits and "Film Office" has a corresponding meaning;"environmental impact assessment" means a systematic process of identifying, assessing and reporting environmental impacts associated with a proposed development activity;"environmental management programme" means a practical programme that provides a description of the methods and procedures for mitigating and monitoring impacts, as well as containing environmental objectives and targets needed to reduce or eliminate negative environmental impacts;"environmental sensitive areas" means land and water areas containing natural features or ecological functions, and structures, building and landscapes of such significance as to warrant their protection in the best long-term interest of the people and environment of eThekwini Municipality, and includes: -(a)Open space areas within DMOSS, identified as having significant biodiversity value;(b)Wetlands;(c)Rivers and Riparian Areas;(d)Floodplains;(e)Estuaries;(f)Coastal Dune System, Rocky Shores and Intertidal Zones;(g)Municipal Conversation Areas; and(h)Sites of historical and cultural significance and value to eThekwini Municipality;"filming" means the recording of moving or still images, whether on film or video tape, digitally or by any other means, and all film-related activities attendant thereto but excludes –(a)the video recording of a wedding ceremony or other private celebrations or event for the purposes of making a video record thereof for its participants;(b)street interviews, press conferences or the recording of current affairs or news for immediate release including reporters, photographers or cameramen in the employ of a newspaper, news service, or similar entity engaged in on-the-spot print media, publishing or broadcasting, of news events concerning those persons, scenes or occurrences which are in the news and of general public interest;(c)family videos;(d)studio filming; and(e)filming activities, whether motion or still photography, conducted on private property, facilities or buildings, including open spaces where dedicated parking or government services are not required,and "film production assignment" has the corresponding meaning;"film-related activities" means all activities attendant to filming, including but not limited to–(a)interruption of traffic on public roads, public parking or pedestrians on sidewalks for the purpose of carrying out a film production assignment;(b)the running of wires or cables across or over sidewalks or public roads for the purpose of carrying out a film production assignment;(c)activities that are conducted on beaches, beach or launch sites, coastal areas, public launch sites, vehicle launch sites or stadiums for the purpose of carrying out a film production assignment;(d)the use of generators, tripods or camera dollies on sidewalks, public roads or public parking for the purpose of carrying out a film production assignment;(e)activities that have an impact on public parking and public open spaces and environmentally protected areas for the purpose of carrying out a film production assignment;(f)filming activities that will generate noise and air pollution;(g)use of animals on set for the purpose of carrying out a film production assignment;(h)filming activities that will impact on a municipal property; and(i)any other activity that may be determined by the Municipality as being undertaken for the purpose of carrying out a film production assignment;"film permit" means a permit issued in terms of section 5 of this By-law;"location code of conduct" means a set of regulatory guidelines that are considered binding and applicable on any person who is a member of the film production assignment taking place in a specified location within the eThekwini Municipality;"location manager" means a member of the film crew responsible for−(a)finding and securing locations to be used;(b)obtaining all needed fire, police and other governmental permits; and(c)coordinating the logistics involved for the production to successfully complete its necessary work,and is also the face of the production to the community and responsible for addressing the issues that may arise due to the production's impact on the community;"municipal council" or "council" means the eThekwini municipal council, a municipal council referred to in section 157(1) of the Constitution;"municipal property" means property owned by, leased by or under the control of the Municipality;"Municipality" means eThekwini Municipality, a category A municipality as envisaged in terms of section 155(1) of the Constitution of the Republic of South Africa;"notification letter" means a letter issued by the permit holder or production company to residents or businesses in an area where filming is going to take place informing them about the intended film production assignment and "concurrence letter" has a corresponding meaning;"permit holder" means a person who has been issued with a film permit in terms of this By-law;"person" means a natural or juristic person, and includes an organ of state;"production company" means a company that provides a physical basis for works in the various categories such as film, television, radio, performing arts and new media art;"public place" means any square, park, recreation ground, sportsground, sanitary lane or open space which has–(a)in connection with any subdivision or layout of land into erven, been provided, reserved or set apart for the use by the public, or the owners or occupiers of such erven, whether or not it is shown on a general plan, plan of subdivision or diagram;(b)at any time been dedicated to the public;(c)been used by the public without interruption for a period of at least 30 years; or(d)at any time been declared or rendered as such by the Municipality or other competent authority;"special effects" means an illusion created for films and television by props, camerawork or computer graphics;"stunt" means an unusual and difficult physical feat or an act requiring a special skill performed for artistic purposes usually on television, theatre, cinema or film; and"unusual requests" means permit application requesting permission to conduct out of the ordinary filming activities that will require extended consultation with government departments, communities and regulatory guidelines.
2. Interpretation of the By-lawIf there is a conflict of interpretation between the English version of this By-law and a translated version, the English version prevails.
3. Application of By-law
4. Control of filming
5. Application for filming
6. Filming on roads
7. Children on set
8. Procedure for use of animals on set
9. Special effects
10. Filming in Environmental Sensitive Areas
11. Use of municipal services
12. Use of municipal propertyAny person who intends to use municipal buildings and facilities for filming may do so in terms of the Municipality’s by-law regulating the use of municipal premises and facilities.
13. Duty of permit holder, location manager or nominated authorityThe permit holder, location manager or nominated authority must –(a)be present on set at all times;(b)produce the film permit on demand by the Durban Film Office or an authorised official;(c)ensure that there is minimum disruption to businesses, residents and institutions during the film production assignment;(d)ensure proper site security and safety;(e)ensure that waste generated by the film production assignment is dealt with in accordance with the Municipality’s by-law regulating waste removal;(f)advise the Durban Film Office of the name, position, organisation, address, telephone number, fax number and e-mail address of the location manager should there be any change in this information as identified in the film permit;(g)ensure that safety officers are on set and all relevant health and safety permits are available;(h)ensure that the area has been left in a neat and tidy condition at the end of each shoot;(i)advise if there are any changes or deviation in filming or conditions as per the approved permit; and(j)ensure that all those involved in filming comply with the Municipality’s By-laws at all times.
16. Compliance notice
17. Recovery of costs
18. Right of entry and inspection
23. Short title and commencementThis By-law is called the eThekwini Municipality: Film By-law, 2018 and takes effect six months from the date of the publication thereof or on such earlier date as may be determined by the publication of a commencement notice in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Interpretation of the By-law
- 3. Application of By-law
- 4. Control of filming
- 5. Application for filming
- 6. Filming on roads
- 7. Children on set
- 8. Procedure for use of animals on set
- 9. Special effects
- 10. Filming in Environmental Sensitive Areas
- 11. Use of municipal services
- 12. Use of municipal property
- 13. Duty of permit holder, location manager or nominated authority
- 14. Insurance
- 15. Prohibitions
- 16. Compliance notice
- 17. Recovery of costs
- 18. Right of entry and inspection
- 19. Offences
- 20. Penalties
- 21. Delegations
- 22. Appeals
- 23. Short title and commencement
- Schedule A
History of this By-law
6 March 2019By-law commences.
6 September 2018 this versionPublished in KwaZulu-Natal Provincial Gazette no. 1993
28 June 2018Assented to by council.