Filming

The main purpose of regulating film production is to ensure these activities are carried out in a safe manner with minimal disruption to local residents and businesses. Council is required to monitor film production including feature films, television commercials, travel shows and still photography shoots. Compliance with Council requirements will ensure that public health and safety is protected during film production. 

Who needs an approval?

When you need an approval

The following activities require an approval from Council:

A business that proposes to conduct audio and visual recording and associated activities for the purposes of cinema, television or the internet on any Council controlled land. (Kilcoy)

For previously Esk Regional Council,

  • commercial film production carried out in parks and reserves, not established on trust land
  • commercial film production on any other Council regulated land
  • the soliciting and or carrying on of a business on a Council road

When you do not need an approval

The following activities do not require an approval under Council's local law:

For previously Kilcoy Regional Council,

  • Filming on private land.
  • Still photography, unless the photography is carried out for a commercial benefit and is part of a fashion or sports wear shoot for a newspaper or other document, as defined in the Printing and Newspapers Act 1981.
  • Audio and visual recording of a wedding or other private celebration or event.

For previously Esk Regional Council,

  • a business on part of a road if the person carrying on the business is authorised by a permit under the Land Act 1994 to occupy the relevant part of the road for carrying on the business
  • use of a road for a particular purpose if the use constitutes development under the Integrated Planning Act 1997
  • the soliciting and or carrying on of a business on a Council road for religious, charitable, educational or political purposes

How to apply

  • Do you intend to close a road or part thereof? If yes, contact Council. If the proposed closure is on a State-controlled road, the written permission of the Queensland Department of Transport and Main Roads must be obtained. Note that you must get final approval from Queensland Police for the road closure.
  • Do you intend to occupy a Council regulated parking bay? If yes, contact Council.
  • Do you intend to close a footpath or place equipment on the footpath? If yes, contact Council.
  • Do you intend to build permanent or temporary structures including marquees? If yes, you may need to obtain building approval, either from Council or a private certifier.
  • Do you intend to use special effects such as pyrotechnic explosions? If yes, contact Council. Approval for pyrotechnics/special effects should also be sought from Queensland Government. You must also advise Queensland Police and Queensland Fire and Emergency Services of your intentions.
  • Do you intend to utilise exotic animal species for film production? If yes, see Queensland Government Business and Industry Portal.

Forms

Plans

    Depending on the complexity of the shoot, a site plan may be required for each intended film location (to a suitable scale e.g. 1:100) showing the following items:

    • filming and private vehicle parking arrangements and film set locations including site boundaries and outlines of buildings
    • location of any facilities provided on set including toilets, catering vans and refuse bins
    • location, size and details of any temporary structures on set, including marquees
    • location of fixed equipment such as lighting
    • the access and exit points of the site, including emergency access
    • details of any surrounding infrastructure including roads, bus zones, trees, fire hydrants, transformers, telephone booths, mail boxes, bus seats and shelters and rubbish bins
    • the distance of the nearest residential premises.

    Public Liability Insurance

    You must take out public liability insurance to a minimum value of $10 million and name Council as an interested party. A copy of this document must be submitted before your application is given approval.

    You should also research all options regarding your other business insurance requirements.

    How to submit an application

    Applications can be submitted (with the relevant fee) in person at Council offices or by surface mail.

    The applicant for a licence must be a legal entity (e.g. person(s) or Company). Note - a business name or shop name is not a legal entity and cannot be the licence holder.

    How to comply

    Regulation (Inspection Process)

    Council is required to monitor the standards of film production on Council property. Council may inspect the set before, during and after film production depending on the type of activity being conducted and its level of compliance.

    Enforcement

    If you are intending to carry out film production on Council property you must have a current approval and comply with the Council requirements and any conditions on your approval.

    If you have difficulty complying with your conditions, contact Council.

      Failure to comply with any of your approval conditions, may result in one or more of the following enforcement actions:

      • a letter being issued requiring action or work to be conducted
      • a legal notice being issued requiring action to be taken or work to be conducted
      • issuing of a Penalty Infringement Notice (PIN) or on-the-spot fine
      • suspension of an approval
      • cancellation of an approval
      • seizure of film production items
      • prosecution.

      Complaint management

      Council has a duty to investigate and respond to complaints received.

      A complaint may result in an inspection of the film set to ensure you are complying with Council requirements.

      Renewal

      The film production approval is a one-off approval so cannot be renewed.

      If you need to amend details on your approval or require a copy of your approval, contact Council.