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This is the latest version of this By-law.
Filming By-law, 2020
- Published in Western Cape Provincial Gazette no. 8226 on 25 March 2020
- Commenced on 25 March 2020
- [This is the version of this document from 25 March 2020 and includes any amendments published up to 30 September 2022.]
1. DefinitionsIn this by-law, unless inconsistent with the context:"applicant" means a person who applies to the municipality to carry out filming in the jurisdictional area of the municipality;"authorised official" means an official of the municipality authorised to administer, implement and enforce the provisions of this by-law;"filming" means the recording of images, moving or still, whether on film or by video tape, electronically or by any other means and thus the development and physical production of digital and cinematographic recordings, television and video for any commercial or film school purposes, but excludes the video recording of a wedding ceremony or other private celebration or event for the purpose of making a video record thereof, for its participants, or the recording of current affairs or news for immediate release;"municipality" means the Swartland Municipality established in terms of section 12 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), and, where the context so requires, includes—(a)the Council;(b)a political structure or a political office bearer of the municipality, authorised or delegated to perform a function or exercise a power in terms of this by-law;(c)a duly authorised representative of the municipality;(d)the municipal manager; and(e)an authorised official."municipal manager" means the person appointed by the municipality as municipal manager;"municipal land" means any land, the ownership of which is vested in the municipality or which is under the control of the municipality;"permit" means a film permit granted in terms of this by-law;"prescribed tariff" means a tariff determined, and imposed by the municipality in terms of the Tariff By-law."Tariff By-law" means the Swartland Municipality Tariff By-law promulgated by the municipality in terms of section 75 of the Local Government: Municipal Systems Act, No 32 of 2000, or any decision by the Council in terms of section 75A of that Act to levy and recover fees, charges or tariffs.
2. Application of by-law
3. Appointment of authorised officials and delegation
4. Permission for filmingNo person may film in the jurisdictional area of the municipality without a permit unless it is exempted in terms of the definition of filming and Schedule 2 of this by-law.
5. Application for a film permit and requirements
6. Consideration of application
7. Control of filming
8. Rights of film permit holderNotwithstanding any other by-law of the municipality, where a film permit has been issued under this by-law, the holder of it may use the property, street or park or part thereof named in the film permit for the purposes and period specified in the permit, upon the terms and conditions set out in the approval and as contained in any agreement entered into pursuant to this by-law.
Compliance and enforcement
9. Compliance notices
10. Right of entry and inspectionAn authorised official of the municipality may at all reasonable times enter the location where filming is taking place to determine compliance with this by-law.
11. Serving of notices
13. AppealA person whose rights are affected by a decision delegated by the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Local Government: Municipal Systems Act (Act 32 of 2000) to the municipal manager within 2 days (48 hours) of the date of the notification of the decision.
14. Offences and penalties
15. Short title and commencementThis By-law shall be known as the Swartland Municipality: Filming By-law and shall come into operation on the date of publication thereof in the Provincial Gazette.
History of this By-law
25 March 2020 this versionPublished in Western Cape Provincial Gazette no. 8226By-law commences.