Filming in Durban

1. General

1.1 Ethekwini Municipality is in favour of encouraging filming in the City and has established, within the Economic Development Department, the Durban Film Office whose object is, inter alia, to assist filmmakers in their dealings with the local municipality and all film related queries - whether at local, provincial or national government level.

1.2 Filming on municipal premises and certain closed public places is largely governed by a contract between the filmmaker and the municipality or other person with the relevant right in the property.

1.3 eThekwini Municipality does not restrict filming in public places except where the use of the public place concerned will be disrupted inappropriately by the proposed filming activity; or unfairly violates the rights of the public to use the roads and other public places without the appropriate alternative measures; or the proposed filming is subject to criminal and / or civil sanctions. 

1.4 eTM thus believes that collaboration and effective communication between the governments and their departments to support filming activity is vital for the provision of an efficient and effective service, which develops and maintains sound relationships between the film industry, the city, the province, national department operating in the city, business, tourists and residents of affected areas. This role will be performed by the Durban Film Office and filmmakers are encouraged to work in collaboration with this office when operating in the metro.

1.5 Whether the Municipality will order any closure depends on the potential impact of the activity on the amenity of residents, business and traffic.

1.6 The closure of a public place is an administrative action performed by the authorised delegate whose authority is required to close the place concerned. The normal rights given and responsibilities imposed by law apply to both the applicant and the treatment of the application by the authorised delegate. Thus at least 48 hours (and preferably up to 7 days in advance for business areas) before application for closure of any public place, the applicant must notify affected businesses and residents in writing, of the proposal to film and to close the public place concerned. A copy of the notification and proof of notice must be provided to the Durban Film Office. Before ordering any closure, the authorised delegate shall consult the Durban Film Office.

1.7 The Municipality is a public authority and will not grant any closure and, where applicable, application to hire, unless the applicant's application is accompanied by evidence of adequate public liability insurance. Film applications using the services of stunt performers are further required to provide evidence of appropriate specialised risk, blanket liability or work cover insurance.

1.8 Fee’s and Tariffs: The following principles will be applied to the fee structures:      
1.8.1 A seven day notice must be given for reserved parking requests. Maps indicating the location and number of parking spaces required by the filmmaker must be stipulated.       
1.8.2 Fees for determining the necessary authorisations and for the hire of municipal property for film purposes are fixed in terms of section 75A of the Local Government:Municipal Systems Act, 2000       
1.8.3 Students from local film institutions and community benefit projects will be entitled to an exemption from a fee. Projects related to charitable activities are to be regarded as "community benefit projects".        
1.8.4 This concession is to be treated as a sponsorship by the eThekwini Municipality. The filmmaker will be required to acknowledge the eTM and the DFO in the end credits of the production. The exemption will have to have been requested in writing from the Durban Film Office. The location acknowledgement has to read "Filmed in the City of Durban, South Africa - Special thanks to the eThekwini Municipality and the Durban Film Office".        
1.8.5 Fee exemptions will not be able to be waived retrospectively. 

2. Policy Directives - Filming in eThekwini Municipality

2.1 The authority of the Municipality is required for the closure or partial closure of any road or other public place; or

2.2 The hire of any part of or the whole of any municipal premises or public place is sought from the municipality; for the making of any film, the authorised delegate shall:- 

2.2.1 Consult with the Durban Film Office before granting such closure or entering into any agreement of letting and hiring;          
2.2.2 Be presented by the Durban Film Office with a copy of the receipt for the payment of the tariff fee or, where there is an exemption, a copy of the certificate of exemption signed by the Durban Film Office; and          
2.2.3 in the case of any administrative action, comply with the usual rules of administrative justice applicable to the municipal authorisation concerned.

3. Indemnity

The Authorised delegate shall ensure that the Filmmmaker indemnifies and keeps Indemnified

3.1 the eTM, its employees, agents, successors or assigns against any claim, suit or demand which may arise against any such person from or out of any activity arising:-   
    i. during the closure of any public place for the purpose of the filmmaking concerned on or out of the public place concerned; or     
    ii. during the letting and hiring of any municipal premises for the purpose of the filmmaking concerned on or out of the municipal premises concerned.

3.2 the eTM, its agents, successors or assigns against all costs associated with clearing litter and other waste generated; or any loss or damage howsoever arising to eTM or         to its property, by activities arising during the closure of any public place for the purpose of the filmmaking concerned on or out of the public place concerned; or during             the letting and hiring of any public place or municipal premises for the purpose of the filmmaking concerned on or out of the place or premises concerned.

4. Insurance

The authorised delegate concerned shall ensure that all applications for a municipal authorisation or for the hire of municipal premises for the purpose of filmmaking are accompanied by:

4.1 evidence to the satisfaction of the representative of the DCM: Treasury of appropriate public liability insurance cover; and

4.2 where filmmakers intend using the services of stunt performers, evidence to the satisfaction of the representative of the DCM:Treasury of appropriate specialised risk               insurance, blanket liability or work cover.

4.3 The cover has to provide that: 
4.3.1 the policy covers liability for the death of or injury to any person or damage to any property arising out of the activity authorised by the permit;       
4.3.2 eTM is named as a joint name insured with the applicant;       
4.3.3 the policy contains a cross liability clause between eTM and the applicant; and       
4.3.4 the amount of cover held for filming or for commercial stills photography must not be less than the amount determined from time to time by the DCM: Treasury.        
4.3.5 The applicant must notify the authorised delegate of details of their proposed activities which may affect the amenities of the public or cause damage to property including, for example, any intended stunt activity, the use of firearms or other weapons, the erection of any tents, marquees or other temporary structures.

5. Terms and Conditions of Hire

The authorised delegate shall ensure that:

5.1 where a public place is closed; or
5.2 where municipal premises are hired, that the period of use for filmmaking is specified in the closure or contract concerned. 
5.3 As a guideline, filming should usually NOT be permitted between Midnight and 07H30am.
5.4 In addition to the terms and conditions the authorised delegate is obliged to impose in terms of any law or policy directives of the Municipality, the authorised delegate may in consultation with the Durban Film Office impose such other terms and conditions as she deems reasonable. 

6. Code of Conduct

The production company must:

6.1 Film Permits 
6.1.1 Be in possession of ALL relevant permits/permissions and approved applications for film permits and a signed Location Agreement/Indemnity as well as receipts for all Location fees and permits.       
6.1.2 Ensure that Public Liability Insurance is in place.       
6.1.3 Ensure that Location fees have been paid to the relevant authorities and that payment to location Landowners have been processed and receipted.

6.2 Residents / Shop Vendors / General Public     
6.2.1 Provide proper written notification in good time to residents and shop owners within a 250 metre radius from the proposed location.       
6.2.2 Instruct all cast and crew members to ensure safety to all and to display courtesy to the public.       
6.2.3 Ensure that responsible person should be put in charge of public management.       
6.2.4 Undertake not to interfere with the normal activities of the neighbourhood. 

6.3 Cast and Crew   
6.3.1 Instruct cast and crew to remain within the designated area as set out in the Location Agreement during scheduled breaks.       
6.3.2 ALL crew to undertake not to enter an unattended location without consulting the managing authority or producer.

6.4 Waste / Pollution / Noise     
6.4.1 Ensure that all materials, strike and rubbish are removed from the site daily.       
6.4.2 Keep noise levels to a minimum at all times, unless by prior arrangements with managing authority, and minimize disturbance to surrounding area and communities.       
6.4.3 Prevent and take recognized safety precautions to control/avoid pollution, including light (artificial lighting), soil/water (damage to land/water/sea), air (fumes and smoke) and consult managing Authority immediately if accidents occur.       
6.4.4 Dispose of waste water and solids appropriately, re-use and recycle where practically possible.       
6.4.5 Ensure adequate ablution facilities are available and locate and manage to prevent environmental impact.       
6.4.6 Undertake to remove any sets/signs constructed or erected for filming purposes at the end of filming, unless by prior arrangement. 

6.5 Flora / Fauna / Environmentally Sensitive Area's       

6.5.1 Undertake not to remove, trim and/or cut vegetation/trees or to introduce non-indigenous species unless by prior arrangement with the managing authority.       
6.5.2 Adhere to the rule stating that no modification/movement/picking of rocks/plants or other natural Features is permitted unless prior approval has been granted by the managing authority.       
6.5.3 Ensure that initial location/environmental assessment is carried out and final location/environmental assessment is completed to ensure compliance with restoration/rehabilitation as required by the managing authority.       
6.5.4 Ensure compliance with and adherence to the recommendations of the Environmental Guidelines or filming prior to removal/interference with all natural features.       
6.5.5 Minimize risk of damage to walls/structures (joinery/glass/furniture/flooring) of historical cultural and religious importance.

6.6 Use of Animals on Set         

6.6.1 Consult the managing authority or landowner prior to bringing animals onto location, inform the Animal Anti Cruelty League in writing of the details of animal                               usage. 

6.7 Stunts / Armory / Risk / Safety   

6.7.1 Obtain written approval by the managing authorities and the South African police to make use of guns/explosions and notify all affected parties in the immediate vicinity in writing if explosive / guns are to be used.       
6.7.2 Position electrical appliances and cables in an appropriate manner and comply with safety codes.       
6.7.3 Report all accidents and emergencies to managing authorities.         
6.7.4 Ensure that the location is supervised at all times, by a specifically designated production member or location/unit manager during filming hours and by security guards after hours.         
6.7.5 Ensure that all risk in regard to fire has been minimized, follow accepted safety precautions, always have fire fighting equipment on hand and if required notify relevant Fire Department. 

6.7 Traffic / Parking / Lock offs 
6.7.1 Ensure that all relevant Traffic/Parking and the managing authorities’ conditions are adhered to.        
6.7.2 Undertake not to block emergency access or create any nuisance or hazard to pedestrian or vehicle movement.       
6.7.3 Ensure that all production vehicles are clearly marked as film or television production equipment and are legally parked, unless by prior arrangement with the managing authority.       
6.7.4 Avoid damage to fauna, flora, sand dunes, beaches or rocks and consult managing authority prior to taking ANY vehicles onto sensitive locations and no walking or traffic in designated sensitive areas.       
6.7.5 Ensure that pre-approved ‘Filming in Progress’ signage has been erected and demarcate site with barrier tapes where necessary.

6.8 Filming in Progress / Directional Signage Approval