What is a filming and photography business licence?
A business licence is a mandatory and legislated requirement for a person that seeks any monetary or other consideration from filming and photography on Crown land including Reserved land.
Business licences are in place to protect the natural and cultural values of sensitive environments, such as Tasmania’s parks and reserves and the Tasmanian Wilderness World Heritage Area.
When is a licence required?
You will need a business licence for any filming and photography activity on Crown land, including Reserved land, from which you intend to receive money or other consideration.
When is a licence not required?
If the filming and photography is intended for personal use and enjoyment, without the intent or purpose for monetary gain or consideration, you do not need a licence.
What types of licences will be available?
There are two types of licences proposed for filming and photography – Enthusiast and
Commercial.
Enthusiast Business Licence (EBL): for individuals using handheld devices (including tripod) on formed tracks within generally accessible areas, whose activities have minimal impact on the land and on other users.
Allows for the sale of content or receipt of consideration in exchange for content.
Licence fee is $100 (inc. GST), valid for two years. Public Liability Insurance is not required.
Commercial Business Licence (CBL): for individuals, teams and crews who undertake filming and photography on Crown land which enables the sale of content and/or receiving consideration in exchange for content.
Allows for the sale of content or receipt of consideration in exchange for content.
Activities have the potential to impact the land, and/or other users of the land, and may require further assessment and conditions.
The licence fee is $450 for an individual licence, valid for two years.
For production teams and crews with a set time frame and up to eight people, the fee is set at $440 per production, with $55 per extra person above eight people.
Public Liability Insurance is required
Are there any exemptions or fee waivers?
Circumstances where fees are waived may include:
News and current affairs;
Educational (primary, secondary or tertiary based curriculum activities undertaken by students);
Tasmanian Aboriginal cultural activities or marketing; or,
State Government sponsored filming (under agreement).
The activity must be consistent with Tasmanian Aboriginal cultural objectives and give regard to sensitive sites with appropriate consultation and approval where these sites are to be filmed. Filming must be consistent with the reserve management objectives or any other relevant management plan, policy or regulation in place and be on formed roads and tracks, within generally accessible areas, where the activity has minimal impact on the land and other users of the land. The activity must adhere to appropriate messages, such as leave no trace principles.
Whether a fee waiver is applicable is determined through the application process.
How do I apply for a business licence?
How long will it take for my application to be processed?
For commercial business licences, applications should be submitted at least 21 business days prior to the proposed dates for filming and photography to ensure PWS has appropriate time to assess the application.
Enthusiast business licences (EBL) do not require further assessment, due to access having minimal impact on the land and on other users and, as such, PWS will aim to process an EBL within seven days.
Are there any conditions attached to my licence?
Conditions are attached to business licences to ensure the natural and cultural values of sensitive environments are protected.
Examples of conditions include:
No use of Remote Piloted Aircraft (Drones).
Not to bring single use plastics onto the land.
Compliance with all appropriate acts, laws and regulations.
Compliance with all reasonable authorities and directives from PWS staff.
To remain on constructed roads and formed tracks and beaches as listed only on the PWS interactive map
To exercise due caution, respect and care for other users.
To ensure minimal impact techniques are adhered to in respect to flora and fauna.
Removal of rubbish and adherence to Leave no Trace principles.
Comply with restrictions and guidelines for fuel stove only areas and total fire bans.
Content will not incorrectly present information or show inappropriate activities.
Temporary structures/sets are not used as part of the activity (tripods on track are permitted).
A commercial licence may contain further special conditions, including site specific conditions, that will be identified as part of the assessment process.
Can I change my licence if my circumstances change?
Yes, if your circumstances change and you believe you need to upgrade to a commercial licence, please contact us and we will assist you. No refunds are applicable to either an EBL or CBL if it is forfeited before the expiry date.
What is considered to be a formed track?
A formed track is any existing path or trail that has been made by people walking through a natural environment. A track may include sections of rock, sand, etc depending on the terrain. For the purposes of this definition, beaches are included.
What if I wish to conduct activities off formed tracks?
Please contact us with specific details of your proposed activities so we can undertake an assessment
In what instances could an application be refused?
The main reason an application may be refused is insufficient information that does not enable a proper assessment. We will seek to confirm any missing information with you prior to advising you of the outcome of your application.
How can I contact PWS about my business licence?
What if I disagree with the outcome of my business licence application?
All complaints are addressed under the Department of Natural Resources and Environment
Scenarios
Scenario 1 – does not need a business licence.
I am a hobbyist photographer and videographer that enjoys walking through Tasmania’s national parks and reserves and capturing the amazing landscapes. I keep libraries of my prints and videos for my own personal enjoyment and sharing with my friends and family.
I stick to formed walking tracks and established areas accessible to the general public. I sometimes post my photos and videos on social media and have, at times, provided my content for publications at not cost and for no remuneration. I do not capture my content with any intent to sell.
Scenario 2 – requires an enthusiast business licence.
I am a social media content creator that has a monetised channel and enjoys capturing content for my channel in Tasmania’s national parks and reserves. I use handheld devices only on formed roads, walking tracks and established areas accessible to the general public. I have minimal impact on the land and other users of the land. I am able to sell my content through a number of avenues and also provide my content to a local outdoor store in exchange for a discount on apparel.
Scenario 3 – requires a commercial business licence.
I am a social media content creator that has a monetised channel and enjoys capturing content for my channel in Tasmania’s national parks and reserves. I use handheld devices on formed roads, walking tracks and established areas accessible to the general public. I also film off-track in remote or wild areas. I sell my content through a number of avenues and also provide my content to a local outdoor store in exchange for other benefits or consideration.
Scenario 4 – requires a commercial business licence.
I am a photographer and videographer that directs and organises filming and photography shoots for retail companies around Australia. I regularly have requests to use the amazing landscapes of Tasmania’s national parks and reserves as a backdrop to my productions. I have a crew of four people and coordinate a window of time to enable the filming and photography to occur, coordinating the talent and weather opportunities.
Scenario 5 – requires a commercial business licence.
I am a wedding photographer and videographer that organises filming and photography shoots for weddings. I mainly organise events at Honeymoon Bay and Cradle Mountain. I ensure the guests adhere to Leave No Trace principles and stick to formed tracks, rocks and the beach areas. I have occasionally been requested to take that ‘special photo’ that requires guests to go off formed walking tracks. I was able to gain approval from PWS for these activities by providing the proposed details prior to the event for assessment