Central Land Council

Filming and Media Guidelines

Guidelines for researchers, journalists and filmmakers

Since 1976 nearly half of the Northern Territory has been returned to traditional owners under the Aboriginal Land Rights (Northern Territory) Act, giving Aboriginal landowners control over what happens on their land.

Aboriginal land is private land, and like any other private landowners, traditional Aboriginal owners have the right to grant or refuse permission to enter their land.

The permit system has been developed to give Aboriginal landowners administrative control over people entering their lands. Journalists and film-makers must seek a permit from the relevant Land Council and comply with the permit conditions.

Areas for which special conditions apply

• Uluru-Kata Tjuta and Kakadu National Parks
• Karlu Karlu (The Devils Marbles)

Aboriginal land and its value

Aboriginal culture and Aboriginal land are often regarded by outsiders as resources just waiting to be tapped. Aboriginal land has substantial cultural value for its owners: Many Aboriginal landowners have devoted years of their lives to regaining their land, and they have the legal and moral right to derive benefit from its use.

While many Aboriginal people in Central Australia are keen to share their culture they have been subjected to large numbers of people making films and conducting research about them and their country. These arrangements have often been one sided with nothing more heard from the filmaker/researcher once the project is finished.

When considering new projects people will naturally consider whether the project has anything to offer them.

Film-makers sometimes demand and expect that Aboriginal participants will behave 'traditionally', providing images of the 'primitive nomad'. Many Aboriginal lives no longer reflect this simplistic stereotype; many Aboriginal people read newspapers, watch television, drive cars, travel extensively and hold down paid jobs. They increasingly want greater control over how they are portrayed in various media.

What You Must Do

Legal contractual arrangements and issues of copyright need to be negotiated between film-makers and participants.

If you want to film on Aboriginal land in Central Australia you must:

• research your location and subject before you make your approach – and know where you want to go.
• Obtain a permit application form from the Central Land Council and be aware that the issue of permits may take some time - try to submit your proposal at least a month before you want to travel.
• Submit your permit application to the Central Land Council with details of your production.
• Sign a contract drawn up by the Central Land Council on behalf of the traditional owner.

When applying for a permit to film the following areas are considered

• Whose interests does the film serve? This covers financial as well as political and cultural interests.
• Editorial control: Aboriginal landowners expect some editorial control. This includes control over the use of archival footage for example, as much footage was shot earlier this century without the informed consent of the subjects and is regarded as being quite unacceptable for public viewing by Aboriginal and other people.
• Distribution control: This covers both the physical distribution of the film/video as well as accompanying publicity. For example, due to prohibition rules among traditional groups about the viewing of images of deceased people, some groups have insisted on the right to restrict distribution within their own region (eg Northern Territory) when participants die.
• Employment: In addition to payments for participants and/or Aboriginal liaison officers complex rules as to the ownership of songs, dances and country that may be depicted in a film/video mean that extra payments may have to be negotiated for people who do not actually appear in a film.
• Environmental issues: The filming/videoing must have a minimal impact on the environment, with compensation and rehabilitation provisions to be included in any agreement.
• Sacred sites: Access to or activity on sacred sites in the shooting area must be restricted. Breaches are viewed seriously.

The right to privacy and the role of the Land Councils

Filming by its very nature tends to be intrusive and disruptive.

It should be understood that Aboriginal people, like anyone else, have their own lives to lead, their own concerns, their own occupations and activities.

Each year the Central Land Council receives a large number of approaches from film-makers to film on Aboriginal land and/or with Aboriginal people. These approaches come from drama producers, documentary makers and film journalists.

The issues that are considered when assessing proposals depend on the nature of the project. The assessment process is designed to produce advice to communities, as well as assist, where possible, potential film-makers.

In the NT, Land Councils have statutory responsibilities under Commonwealth law to consult traditional owners about proposals relating to the use and management of their land, and they also have a statutory responsibility under Northern Territory law to issue permits for entry to Aboriginal land on the basis of instructions from traditional owners.

Accordingly, Land Councils have a key role on behalf of their constituents in processing film proposals and carrying out negotiations on any related financial, cultural and environmental matters.

The third party type of negotiation by the Land Council ensures:

• Privacy for Aboriginal communities with a buffer against pressures from the more predatory film maker.
• Access for communities to commercial, legal and technical assistance and advice that allows for informed decisions.

It is not the CLC's job to act as an agent for the media industry. It must act on instructions and provide advice and assistance to traditional owners.

The CLC is not in the business of coercing its constituents if landowners refuse access or refuse to reach an agreement suitable to the applicant. The CLC also expects that film-makers will respect the right of traditional owners to say 'no' to their proposals.

The Land Council expects that film-makers will not set out to circumvent the procedures outlined here or apply direct pressure on individuals or communities to appear to 'agree' to proposals.

The CLC is not a travel agent or booking agent. We cannot develop itineraries for film-makers or line up a community that suits their purpose.

Exceptions

Uluru-Kata Tjuta

Although the Uluru-Kata Tjuta and Kakadu National Parks are on Aboriginal land they are administered by Parks Australia North and all media enquiries should be directed to them on 08 8956 3138

Uluru-Kata Tjuta and Kakadu National Parks are jointly managed by Parks Australia North and traditional owners.

Permits are issued by the relevant Parks Australia North office.

Devils Karlu Karlu (The Devils Marbles)

Devils Karlu Karlu (The Devils Marbles) has been a popular site for filming advertisements in recent years.

However, while the site is not on Aboriginal land, it is a sacred site and an 'Authority Certificate' must be obtained before any filming is done in the area. Approaches must be made to the Aboriginal Areas Protection Authority on 08 8952 6366.