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City of Subiaco Public Art Policy and Guidelines

May 2011

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Contents 1 VISION ........................................................................................................... 4

1.2 Purpose ......................................................................................................................... 4

1.3 Policy Scope .................................................................................................................. 5

1.4 Guiding Principles ......................................................................................................... 5

1.5 Purpose of the Strategic Public Art Plan ...................................................................... 5

1.5.1 Scheduled works program ................................................................................... 6

1.6 Responsibilities ............................................................................................................. 7

1.7 Review .......................................................................................................................... 7

1.8 Definitions .................................................................................................................... 8

1.8.1 Public art .............................................................................................................. 8

1.8.2 Artist ................................................................................................................... 9

2 FUNDING ...................................................................................................... 10 2.1 Internal (City of Subiaco) ............................................................................................ 10

2.1.1 Annual budget allocation ................................................................................... 10

2.1.2 A Percent for Art of total construction costs ..................................................... 10

2.2 External Funding ......................................................................................................... 10

2.2.1 Private Developer Contributions ....................................................................... 10

2.2.2 Sponsors, partner contributions and grants ...................................................... 11

3 PUBLIC ART FUND ......................................................................................... 12 3.1 Activities funded by the Public Art Fund ................................................................... 12

3.2 Activities not funded by from the Public Art Fund ..................................................... 12

4. COMMISSIONING GUIDELINES....................................................................... 13 4.1 Guidelines and criteria for public art.......................................................................... 13

4.2 Acquisition approach ................................................................................................. 13

4.2.1 Direct acquisition or engagement ..................................................................... 13

4.2.2 Limited competition .......................................................................................... 14

4.3.3 Panel of providers .............................................................................................. 14

4.3.4 Open competition .............................................................................................. 14

4.4 Commission Process ................................................................................................... 14

4.4.1 Artwork brief ..................................................................................................... 14

4.4.2 Expression of interest (EOI) ............................................................................... 15

4.4.3 Short list ............................................................................................................. 15

4.4.4 Design concept .................................................................................................. 15

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4.4.4.1 The Design Concept submission requirements ............................................. 16

4.4.5 Artist selection ................................................................................................... 16

4.4.6 Contract ............................................................................................................. 17

4.4.7 Design development .......................................................................................... 17

4.4.8 Preparation of artwork ...................................................................................... 17

4.4.9 Installation and handover .................................................................................. 17

4.4.9.1 Public art maintenance report requirements .................................................... 18

4.4.10 Celebration .................................................................................................... 18

5 APPROVALS .................................................................................................. 19 5.1 Role of council ............................................................................................................ 19

5.2 Public art reference group.......................................................................................... 19

5.2.1 Responsibility of the Public Art Reference Group ............................................. 20

5.3 Approval from land owner ......................................................................................... 20

5.4 Approval of public art gifts ......................................................................................... 20

5.5 Performance standards for approval ......................................................................... 21

5.5.1 At development application stage .................................................................... 21

5.5.2 At building licence application stage ................................................................. 21

5.5.3 Prior to occupancy approval .............................................................................. 22

6 COLLECTION MANAGEMENT GUIDELINES ...................................................... 23 6.1 Moral rights ................................................................................................................ 23

6.2 Copyright of artwork .................................................................................................. 23

6.3 Ownership of public art .............................................................................................. 24

6.3.1 Normalisation .................................................................................................... 24

6.4 Conservation of public art .......................................................................................... 24

6.4.1 Public art maintenance program ....................................................................... 24

6.5 Database and record management ............................................................................ 25

6.6 Decommissioning ....................................................................................................... 26

6.6.1 Formal Review ................................................................................................... 26

7 CONTACTS .................................................................................................... 28

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City of Subiaco Public Art Policy

1 VISION The City of Subiaco will create a visible arts presence throughout the city with a public art program that engages artists’ creative ideas to celebrate the values of Subiaco, its history, cultures and future aspirations and define Subiaco as a place where people want to be.

1.2 Purpose The City of Subiaco Public Art Policy (the Policy) guides and forms the criteria for assessment of all public art commissioned by the city, or acquired by purchase, donation or transfer, as well as providing a framework for the management, funding and promotion of the collection of Public Art. The intent of the city’s Public Art Policy is to achieve the following key objectives:

• Enhanced public enjoyment, engagement and understanding of Subiaco’s heritage through the continuous integration of public art in the city;

• A built and natural environment infused with qualities of diversity,

vibrancy, creativity and imagination;

• Long term benefits for Subiaco as a sustainable urban village;

• A supportive environment that contributes to art and cultural development by fostering creativity, knowledge and innovation;

• Private and business partnerships in the arts. The City of Subiaco seeks create ‘a place where people want to be’, because it values:

• A wide diversity of people and lifestyles;

• Connection to its history and heritage;

• Community engagement in arts and culture, sport and recreation and civic affairs;

• Commitment to sustainability and the natural environment;

• An urban environment that blends the old and the new with village

qualities;

• Commitment to social justice and concern for others;

• Attractive environment for business and investment.

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1.3 Policy Scope

The City of Subiaco believes public art is vital to community and cultural development and plays a key role in urban renewal, place making, urban design and tourism. It contributes to a sense of identity and wellbeing by reflecting on Subiaco’s unique character, history and future aspirations. The city views public art as an integral part of any development and expects that it will be integrated into development proposals from the beginning.This is achieved by providing clear guidelines for the funding, procurement, management and strategic direction for the acquisition of public art by the city. Under the Policy, 0.75% of the City of Subiaco rates are directed to the Public Art Fund for the development and maintenance of Subiaco’s public art. In addition to this, one percent of construction costs of each new or refurbished public building and landscape over $1million will be placed in the Public Art Fund for the provision of public art as prescribed in the Strategic Public Art Master Plan. Private developers of commercial and mixed-use developments are expected to contribute to public art at a rate outlined in the table in Section 2.2.1. Developments over $2.5 million are expected to contribute 1% of construction costs to public art. For developments over $25 million a contributions cap is to be negotiated at no less than $250,000. 1.4 Guiding Principles In the process of making Subiaco a desirable place, the city acknowledges that public art is an integral part of community development, urban design and planning in the City of Subiaco. The city views public art as an integral part of any development and expects that it will be integrated into the development proposals from the beginning. Guiding principles are important in developing a sense of place, they help define the key messages to be conveyed, and help define the way in which to interpret or create meaning or spirit of the place. They give structure to the selection and assembly of storylines that can be expressed to add life, vibrancy, surprise, humour, interaction and innovation to Subiaco. The guiding principles will be drawn from themes determined by the city and community visioning Think 2030 consultation project.

1.5 Purpose of the Strategic Public Art Master Plan It is proposed that through integrated and collaborative planning the City of Subiaco will acquire and commission temporary and permanent artworks for the public realm. The Strategic Public Art Master Plan (the Plan) links the objectives of the Policy to a program for implementation of those objectives. The Plan will act as a guide for developing programs and commissioning new works, and will assist in strategic planning for future business plans, management plans, master plans and community planning documents. Key priorities under the Strategic Public Art Master Plan are:

• The preservation of the city’s collection of public art; and

• The development of strategic public art projects.

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1.5.1 Scheduled works program The city wishes to ensure that the Plan is relevant to the community’s needs and properly aligned with the aims of the Policy. To make sure these objectives are met, the city will implement a triennial program of scheduled public works. Building on the strengths of the collection, the Strategic Public Art Master Plan will provide a diverse program of projects with a focus on three major collection and project streams:

• Permanent public art commissions and interventions;

• Temporary installations and time based site-specific artworks;

• Works for walls.

The city believes public art is most effective when it is incorporated as a design strategy into the planning of public spaces from the outset. It can act as a catalyst for generating activity, reinvigorating spaces or occupying spaces in between. Opportunities for integrated public art in key nodes of activity will be identified and prioritized in the city’s capital works and community development action plans and will include:

• Public art at entry points to Subiaco provide a sense of arrival or welcome for residents, visitors and workers whether it be by foot, cycle, train or motor vehicle;

• Public art is a way to improve and communicate how people navigate through a place. Art treatments in side streets, stations, underpasses and laneways will improve linkages to car parks, commercial and residential zones, and link nodes of interest and enhance safety and security. Artworks may indicate key nodes of interest along the Walking Subiaco trails developed by the City of Subiaco;

• Subiaco parks are located throughout the city; they provide strong

interpretive links between their geographical location and the historical development of the city. These sites provide ideal opportunities to engage the community and interpret the stories of Subiaco in creative and innovative ways.

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1.6 Responsibilities The Public Art Policy and Plan will be monitored and implemented by Community Development Services with support from other city directorates. Community Development Services will define the need for, and determine the strategic basis for public art projects and develop the public art project briefs. The Public Art Coordinator will be responsible for the delivery of public art and operational aspects of the program. The Manager of Community Development and the Public Art Coordinator will work together to coordinate the Public Art Reference Group who will over see the Strategic Public Art Program and provide independent advice. Recommendations from the Public Art Reference Groups, on the development of public art projects and the selection of curators and artists, will be approved by the Chief Executive Officer (or delegate) and when determined by the CEO, Council, if required under statutory regulations.

1.7 Review An evaluation of the Public Art Policy and Strategic Public Art Master Plan will be informed by an overall improvement in the quality of public art and how well the principles for the delivery of public art outlined in this policy have been adhered to. The Policy and supporting Plan will be reviewed three years from the time of adoption and every six years thereafter.

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1.8 Definitions

1.8.1 Public art Public art is widely diverse and often restricted by definitions that place an emphasis on product and not process. Artists play a critical role in highlighting social concerns. They work to monitor, record, express and respond to the world around us. The City of Subiaco recognises that artists can make an important contribution to life in the city. Identifying some of the key roles available to artists can expand the definitions of public art:

• Artists as members of design teams, working collaboratively and contributing to the use and form of urban planning and development through research, reflection and propositions;

• Artists working to creatively engage with communities in order to explore and articulate issues of significance;

• Artists working as commentators and provocateurs producing

permanent, temporary or process based art.1

Public art can broadly be defined as ‘the process of engaging artists’ creative ideas in the public realm’. For the purpose of this strategy this definition of public art encapsulates a diverse and flexible scope for public art projects and ensures that developers and funding authorities are not limited in their scope and thinking when considering the possibilities for working with artists. Art projects eligible for consideration as public art can be:

• The work of an artist working individually, with community or in collaboration;

• Created to encourage awareness or to challenge ideas;

• Created to enhance a sense of play and celebration;

• Art that engages with aspects of contemporary art and design;

• Art that provides an artistic interpretation of historical or archaeological research;

• Art that encourages interaction with a social space.

1 For further information go to www.ixia-info.com

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Art projects ineligible for consideration include:

• Commercial promotions in any form;

• 'Art objects' which are mass-produced such as fountains or playground equipment;

• Most art reproductions;

• Landscaping or generic hard-scaping elements, which would normally

be associated with the project;

• Services or utilities necessary to operate or maintain artworks.

1.8.2 Artist Professional artists will be eligible to carry out public art commissions. As the term 'artist' is self-referencing, for the purposes of this plan, a professional visual artist can be defined as a person who fits into at least two of the following categories:

• A person who has a university degree or minimum three year full time TAFE Diploma in visual arts, or when the brief calls for it, other art forms such as multi-media;

• A person who has a track record of exhibiting their artwork at reputable art galleries that sell the work of professional artists;

• A person who has had work purchased by major public and private

collections, including (but not limited to) the Art Gallery of Western Australia, any of the university collections or Artbank;

• A person who earns more than 50% of their income from arts related activities, such as teaching art or design, selling artwork or undertaking public art commissions.

Sometimes it will be appropriate to be more flexible and seek emerging artists and practitioners other than professional artists to carry out artwork commissions. This may apply in instances when young, emerging and Indigenous artists or students may be considered appropriate.

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Guidelines

2 FUNDING The city requires a solid financial base and adequate human resources to implement a well considered and integrated public art program. The city has adopted a funding model that will position it for a sustainable future. The funding for the Strategic Public Art Master Plan will be achieved through a mix of internal and external resources.

2.1 Internal (City of Subiaco) Internal funds will be derived from an annual allocation of funds and a percent for art allocation applied to the City of Subiaco new and refurbishment capital works projects.

2.1.1 Annual budget allocation An annual allocation of 0.75% of city rates will be placed in the Public Art Fund for the implementation of the Strategic Public Art Master Plan.

2.1.2 A Percent for Art of total construction costs One percent of construction costs of each new or refurbished public building and landscape project over $1million will be placed in the Public Art Fund for the provision of public art as prescribed in the Strategic Art Master Plan.

2.2 External Funding Funding from external sources includes private developer contributions, sponsors, partner contributions and grants.

2.2.1 Private Developer Contributions

Private developers of commercial and mixed use developments are expected to contribute to public art in accordance with the estimated construction cost. This method of calculation for the public art contribution will be based upon the existing categories within the city’s Development Approval fee schedule, with contribution amounts as outlined in the table below:

Value of construction Value of contribution $1,000,001 > $1.5 Million $10,000

$1,500,001 > $2million

$15,000

$2,000,001 > $2,499,999 $20,000

$2.5 million + One percent of total construction costs

$15 million Contribution cap negotiated(no less than $250,000)

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2.2.1 Private Developer Contributions (continued)

Developers are encouraged to contact the city to discuss options for the provision of public art. The funds can:

• Be paid into the Public Art Fund for the provision of public art as prescribed in the Strategic Public Art Plan and used within the neighbourhood precinct as outlined in this strategy. Individual funds contributed within a neighbourhood area may be accrued, in the Public Art Fund, for more comprehensive or detailed art projects.

OR • Provide for public art in the areas of the development that

maximises public access and appreciation for the work. Developers are required to contact the city for information about the appropriate approval processes and clearance process. Developers are encouraged to engage a consultant and or artists at the earliest opportunity and use the city’s procurement guidelines.

2.2.2 Sponsors, partner contributions and grants

2.2.2.1 Community, industry and government partnerships are required to achieve a sustainable pubic art programme. Local businesses will be encouraged to take corporate responsibility for village life of this community by contributing to the Public Art Fund for specific projects. This contribution may take the form of in-kind support, material sponsorship, alignment of special expertise and financial support. 2.2.2.2 Grants from a wide range of sources will be considered and developed when appropriate. Applications require considerable resources in the writing, research, implementation and acquittal process. The provision of public art in line with this plan may add value to grant applications for tourism development, heritage interpretation, city centre enhancement, youth and cultural events, transport and education services.

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3 PUBLIC ART FUND The Public Art Fund is a reserve of pooled funds set up for the purpose of reserving and accumulating funds.

3.1 Activities funded by the Public Art Fund The funds reserved in the Public Art Fund are for the purpose of implementing the City of Subiaco Strategic Public Art Plan and includes the following activities:

• Competition costs including artists’ design fees and expenses, selection panel fees and expenses, exhibition of artist’s proposals, transport and insurance of artists’ proposals;

• Commission costs and artist fees including design development costs, materials, assistants' labour costs, insurance, permits, taxes, business and legal expenses and artists’ operating costs;

• Fabrication and installation of artwork;

• Site preparation;

• Structures enabling the artist to display the artwork;

• Documentation of the artwork;

• Acknowledgment plaque identifying the artist, artwork and sponsors;

• Collection maintenance program;

• Promotion of the collection;

• Engaging professional expertise as required;

• Provide consultation costs including fees to other experts as required;

• Security, as required, while work is installed or performed;

• Encourage partnerships with the private sector through a voluntary contribution agreement;

• Partner with state and national government authorities for public art initiatives as outlined in the Strategic Public Art Plan.

3.2 Activities not funded from the Public Art Fund

• Staff salaries;

• Organisational costs related to the implementation of the Strategic Public Art Plan. Such as management of the public consultation, arranging exhibitions or presentations, writing and reviewing the Public Policy, Procedures or action plan, preparation of education and community programs, publicity and public relations;

• Incidental maintenance that is part of the expected operating budgets,

including graffiti and site clean up.

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4. COMMISSIONING GUIDELINES The city believes involvement of artists and art professionals in the initial stages of project planning is the key to successful and meaningful public art outcomes. The city views public art as an integral part of any development and expects that it will be integrated into development proposals from the beginning. This section provides clear guidelines for the procurement of public art. It is based on current best practice.

4.1 Guidelines and criteria for public art These criteria will guide the overall selection, planning and consultation with partners, developers and artists. Public art will be acquired in accordance with the principles and objectives outlined in the Strategic Public Art Plan and will meet the criteria outlined in a specific brief that will include:

• Demonstrate a high standard of excellence and innovation; • Be distinctive, attractive and encourage exploration;

• Demonstrate consideration for public access, day and night, and in

diverse weather conditions;

• Consideration of public safety and the public’s access to and use of the public domain;

• Address safety, maintenance and conservation issues;

• Relevance of the work to the context of its site;

• Evidence of funding source and satisfactory budget including an allocation for ongoing maintenance;

• Consistency with current planning, heritage and environmental policies

and plans of management.

4.2 Acquisition approach The acquisition approach required for a particular project will depend on the objectives of each project, the size of the budget and the city’s procurement requirements.

4.2.1 Direct acquisition or engagement

This approach may be appropriate where a particular artwork or the work of a particular artist is required. This process may also be chosen for smaller budget projects.

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4.2.2 Limited competition

In a limited competition approach the commissioner selects and invites artists to submit proposals in response to an art brief. This may be appropriate if the artist is required to work in collaboration with an architect, landscape architect, and or an urban designer. Artists are required to submit a CV, examples of previous works and a schematic response to the artwork brief. Upon selection, up to three artists may be invited to develop the concept further for a fee. After presentation of concept designs, one is selected to complete the commission. The commission may be advertised to attract suitable artists.

4.3.3 Panel of providers

This approach is especially relevant for small-scale but ongoing infrastructure projects such as street furniture, car park and pavement treatments. The panel of artist providers is refreshed every three to five years.

4.3.4 Open competition

This model requires a public call for Expressions of Interest to provide a schematic response to the artist brief, short listed artists or artist teams are invited to develop and present concept designs for a fee. A preferred artist is selected by the Public Art Reference Group and presented to the CEO or a delegate for acquisition approval. The Commission process outlined below will be followed.

4.4 Commission Process The City of Subiaco will employ best practice public art commissioning processes to ensure an equitable and transparent process for the acquisition of quality public art. The city’s Public Art Coordinator will manage the commissioning process for the city.

4.4.1 Artwork brief The Public Art Coordinator will prepare an artwork brief after consultation with appropriate stakeholders. The brief should:

• Provide artists with a clear framework of the city’s expectations for the project such as project background, vision or themes for the artwork, location, budget, timing, and any objectives or constraints with regard to the form/type, scale, materials or site of the artwork;

• Detail any technical requirements that must be met including site analysis and constrains and engineering where this detail is available, plans, elevations and other drawings;

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• Not dictate the actual design of the finished artwork but rather leave sufficient flexibility for artistic interpretation and a creative response given the parameters of the brief;

• Provide the selection criteria to be used;

• Clearly detail artists’ submission requirements;

• Clearly identify collaboration opportunities and project briefing sessions.

4.4.2 Expression of interest (EOI) The artist or artist team will be required to provide a response to the brief and indicate relevant experience with CV and examples of previous works as outlined in the artist brief requirements. Each brief may require different submission requirements but generally an expression of interest will involve a current CV, relevant examples of the artist’s original work and a schematic and/or written response to the artwork brief. The call for EOI may run for between three - eight weeks appropriate to the size and complexity of the commission.

4.4.3 Short list The Public Art Reference Group will review each EOI and assesses them against the selection criteria outlined in the brief. The Group then select the preferred artists or teams (up to three) and invite them to submit a Design Concept.

4.4.4 Design concept The Artwork Brief is reviewed and updated to provide any available additional information and to provide criteria and submission requirements for the final selection. Each short listed artist then prepares a Design Concept in response to the brief. A Design Concept for all proposed artworks is to be submitted for the city’s approval. This report should be prepared and submitted with the Development Application to ensure public art is integrated into the building design, however when considered acceptable by the city it may be submitted after development approval, during the working drawings (building licence) approval process.

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4.4.4.1 The Design Concept submission requirements The Design Concept submission must include all of the following:

• Details of the artist’s qualifications, experience and suitability for the

project;

• Design documentation; including research, concept development, and a detailed statement addressing compliance with the public art policy guiding principles;

• Detailed plans of the artwork/s, including plans to scale, dimensions,

materials, colours surface treatments, an indication of the relationship of the artwork to the site, and installation details;

• Details of cost calculations, including construction cost and public art

contribution costs. Contribution costs are limited to artist’s fees, labour, materials, installation and naming plate. Building fabric that the art is attached to (e.g. fences, walls) or other construction costs cannot be included;

• For artwork that is to be located on or over public land a copy of relevant

public liability insurance and written consent of the land owner and/or the authority with management control of the land is to be included;

• An indication of the maintenance required (this will be completed in

greater detail on completion of the project).

Depending on the scale of the project, artists should be given between four to eight weeks to submit the Design Concept. A briefing session at the start of the process may also be appropriate. Artists will usually be paid a pre-determined fee for preparation of the Design Concept, usually $1,000 - $3,000, an amount related to the overall budget.

4.4.5 Artist selection The Public Art Coordinator and the Public Art Reference Group or in the case of private commission, the developer and a public art consultant, will meet with the artist to view the design concepts. Assessed against the criteria outlined in the brief, the Public Art Coordinator, in consultation with the Public Art Reference Group will select the preferred concept and prepare a recommendation for acquisition.

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4.4.6 Contract Once approved the artist will enter into a formal written contract with the commissioner, in the case of a developer, the developer will be required to forward a copy of the artist's contract and artist contact details to the city. The contract will be agreed to by both parties and:

• Set out terms and obligations of both parties;

• Include a work program that includes milestone dates for sign off and a payment schedule for staged payments against each achieved milestones.

The City of Subiaco utilises a contract based on the public art commissioning agreement prepared by ArtsLaw2.

4.4.7 Design development The artist prepares final detailed plans and documents that may be required for any government approvals, such as to obtain a development approval, and/or engineering certification. The artist will be responsible for obtaining local government approvals.

4.4.8 Preparation of artwork The artist creates or supervises the creation of the artwork. The commissioner will, in most cases require sign off at specified milestones outlined in the artist’s contract and will pay staged payments as agreed. Where appropriate progress up dates and images are to be provided and may include a studio or site visit.

4.4.9 Installation and handover The artwork is to be finished and accepted before installation, once accepted the artist will arrange for the safe and legal installation of the work. The City of Subiaco, or in the case of a developer’s contribution, the developer, will arrange for the installation of plaque that acknowledges the artist, the tile of the work and the year it was made. The artist is required to provide the details of the artwork and a Public Art Maintenance Report, as specified below, to the City of Subiaco and to the owner. There is an expectation that this information is passed owner to owner should the artwork change hands. The final payment is then made to the artist.

2 ArtsLaw Centre of Australia Sample Agreement Design and Commission Agreement 2009

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4.4.9.1 Public art maintenance report requirements

To assist the owner to conserve and maintain the artwork, full details of the artwork, including description and conceptual premise together with a Public Art Maintenance Report must be submitted as handover from artist to commissioner or owner to the city. The report is to include:

• The expected life span of the work;

• Details of materials used;

• The method of construction and the fabricator and subcontractors

details;

• Electrical and mechanical systems installed;

• Finishes to the surfaces such as formulae for patination’s;

• A written recommended maintenance schedule;

• As installed drawings;

• Artist direction should removal of relocation of the artwork be required;

• Details of any collaborators;

• De-accessioning preferences;

• Photographic documentation.

4.4.10 Celebration A launch, dedication or opening of the artwork helps to create a sense of importance, and provides good public relations for the city and the artist. A celebration can take a variety of forms such as a short ceremony with brief speeches, followed by some refreshments.

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5 APPROVALS All types of public art can be considered by the city for approval. Applicants need to clearly demonstrate that their proposal meets the requirements outlined in this plan. For acquisitions by the city, the selection of works is the responsibility of the Public Art Coordinator who works with the Public Art Reference Group to make recommendations on acquisitions to the Manager of Library and Heritage. The acquisition of public art by the City of Subiaco, in accordance with the Strategic Public Art Master Plan is an operational matter and as such is the responsibility of the Chief Executive Officer. The Chief Executive Officer will consult with the Public Art Coordinator and the Mayor as required.

5.1 Role of council Council has a big picture role in the initiation of the Strategic Public Art Master Plan and acknowledges that the implementation of a quality public art plan requires expertise.

5.2 Public art reference group The Public Art Reference Group is to be made up of dedicated professionals with the appropriate and diverse expertise required, the Mayor or the Mayors delegate and City of Subiaco senior management. It may include representation from the University of WA, the Art Gallery of WA, WA Institute of Architecture, WA Institute of Landscape Architecture, Nyungar elders, professional designers, artists and curators, noteworthy community members and representation of local cultural groups. Specialised expert advice may be requested as required. It will be convened as required by the Public Art Coordinator and conducted according to terms of reference. City of Subiaco senior staff; the Manager of Library and Heritage Services, the Manager of Planning Services, the Manager of Building and Health Services, the Manager of Field Services, the Manager of Infrastructure and the Manager of Parks and Environment are included on the Public Art Reference Group as required to ensure that:

• A holistic and integrated approach to the site works and maintenance is achieved;

• Public art proposals are consistent with the city’s planning framework, including (but not limited to) the objectives, principles and provisions of the Town Planning Scheme, the vision and provisions of the City’s Strategic Management Plan.

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5.2.1 Responsibility of the Public Art Reference Group The responsibility of the Public Art Reference Group is to oversee:

• The strategic direction, policy and public program matters of the Strategic Public Art Plan;

• The development of public art projects;

• The acquisition of public artworks;

• The de-accession, relocation, removal and disposal of public artworks.

5.3 Approval from land owner All public art (permanent, temporary and ephemeral) requires approval from the landowner before it can be installed or undertaken. The ownership of public land is usually with, the City of Subiaco, the State Land Services, Subiaco Redevelopment Authority, or another government agency. It is the responsibility of the person commissioning the artwork to identify the landowner and obtain their permission. In the case of temporary and ephemeral works, the city requires a Concept Design, in order to assess the proposal for approval.

5.4 Approval of public art gifts If the city is offered an artwork as a donation, the work will be accepted in accordance to the approval process and guiding principles outlined in this document. The city will also be mindful of the associated costs of accepting the artwork including but not limited to the cost of site preparation and installation, documentation and acknowledgement plaque. Financial donations towards specific projects as outlined in the Strategic Public Art Plan are to be made to the Public Art Fund. The Subiaco Redevelopment Authority provides public art, in public open spaces that is to be normalised to the city. As the city will ultimately be responsible for the maintenance of these works, the Subiaco Redevelopment Authority is required to seek approval and provide the appropriate handover documentation as outlined in these guidelines.

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5.5 Performance standards for approval The city views public art as an integral part of any development and expects that it will be integrated into development proposals from the beginning. There are three key checkpoints for private developers applying a public art contribution.

5.5.1 At development application stage The developer can nominate to contribute to the Public Art Fund as cash-in-lieu of public art on the site. If the developer chooses to provide public art, the opportunity for public artwork is to be identified on the Development Application and can be assessed against the following points:

• A public art contribution shall be provided in accordance with the

City of Subiaco Public Art Policy;

• The artwork/s can be clearly seen from, or is located in, the public realm;

• The artwork/s is consistent with the public art policy by the city for the project area and any identified precinct;

• The artwork/s contributes to an attractive, stimulating and

functional environment, and does not detract from the amenity or safety of the public realm;

• It is an original artwork/s, designed and created by a professional

artist/s.

5.5.2 At building licence application stage

The developer can nominate to contribute to the Public Art Fund as cash-in-lieu. Where agreement has been reached for the contribution to be met by way of cash-in-lieu payment, this shall be satisfied prior to issue of a building licence for the development.

If the developer chooses to provide public art, the Concept Design of the artwork and proof of artist’s engagement is to be presented at Application for Building Licence. Alternatively, the city may accept a suitable agreement prepared at the applicant's expense binding the proponent and the artists to complete the requirements within a specified time frame. The stage can be assessed against the following points:

• The Public Art Concept Design submission requirements are met

and approved;

• The public art proposed has engineer’s certification if appropriate;

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• The artwork/s is well crafted and made from quality materials;

• The artwork and is durable, unless approved as temporary or

ephemeral art;

• The artwork addresses safety, maintenance and conservation issues;

• Other matters as required by the Building Code Australia or other building legislation.

5.5.3 Prior to occupancy

The public artwork must be completed and installed prior to the first occupation of the new development. Alternatively, the city may accept a suitable agreement prepared at the applicant's expense binding the proponent to complete the works within a specified timeframe. This stage can be assessed against:

• A written statement indicating that the owner of the artwork will maintain the works;

• A written acknowledgement that the work and or property has been sold, and information about the maintenance of the artwork has passed to the new owner.

There is an expectation that the owner /occupier will maintain the work, thereafter.

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6 COLLECTION MANAGEMENT GUIDELINES

6.1 Moral rights Since 2000 moral rights legislation, The Copyright Amendment (Moral Rights) Act 2000, has protected artists moral rights in relation to copyright, attribution and protection of work. In brief, an artist's moral rights are infringed if:

• Their work is not attributed or credited;

• Their work is falsely attributed to someone else;

• Their work is treated in a derogatory way by distorting, modifying or removing it without their knowledge or consent;

• The legislation also requires that artists be acknowledged when images of

their work are published.

• Work, which identifies the custodial interest of a community should be acknowledged as follows:

This artwork embodies traditional ritual knowledge of the [NAME] Community. It was created with the consent of the custodians of the Community. Dealing with any part of this artwork for any purpose that has not been authorised by the custodians is a serious breach of the customary laws of the [NAME] Community. For enquiries regarding permitted use of this artwork, contact [NAME].3

6.2 Copyright of artwork Once an artwork has been completed and accepted by the city, the city and the artist will hold copyright of images of the design and work jointly. In practical terms this means that the city has the right to reproduce extracts from the design documentation and photographic images of the artwork for non-commercial purposes, such as annual reports, information brochures concerning the city and informative brochures about the artwork. The artist will have the right to reproduce extracts from the design documentation or photographic images of the artwork in books or other publications associated with the artist or artwork.

3 ArtsLaw Centre of Australia Sample Agreement Design and Commission Agreement 2009 clause 20 attribution Pg 23.

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6.3 Ownership of public art Ownership of public art is defined by the commissioning process and contract, and the land on which it is located. Through the contract with the artist the artwork usually becomes the property of the commissioning body once the art is supplied and paid for. However, the contract many enable the commissioner and the artist to own joint copyright of the artwork. Artwork located on private property is owned and maintained by the landowner/s. Artwork located on public land is the responsibility of the managing authority, which will usually be the city.

6.3.1 Normalisation

Where SRA has commissioned artwork for public land and that land is subsequently handed back to the city through the “normalisation” process at the completion of a redevelopment project, the artwork then comes under the ownership and maintenance of the local government. (see section 4 for details on installation and handover requirements.)

6.4 Conservation of public art The conservation and maintenance of public art is the responsibility of the owner from the time of installation to the point of any removal or disposal. Different artworks have differing conservation requirements. Art deteriorates at different rates and may change in condition over time.

6.4.1 Public art maintenance program

The city will conduct regular physical inspections of the artworks owned by the City of Subiaco, to assess the condition of artwork. This will inform maintenance and specialist conservation. The inspections will be carried out every six to twenty months, depending on the nature of the work and the schedules provided in the public art maintenance report provided by the artist at the time of instalment. The city will take special care to ensure that acts of restoration or preservation of artworks will be conducted in a sensitive manner after prior consultation with the artists. Wherever possible, preservation or restorative works should be carried out by professional conservators.

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6.5 Database and record management The following information will be recorded by the city, on the Public Art Inventory, for each artwork:

• Name and contact details of the artist (telephone/fax/mobile/email/address);

• Artists’ CV;

• Title of the artwork;

• Date of commission;

• Reason for the work being commissioned;

• Date of completion and installation;

• Location;

• Dimensions;

• Type of artwork;

• Artist statement;

• Approximate lifespan;

• Commission value;

• The physical dimensions of the work;

• Materials and surface treatments;

• Maintenance Report as supplied by the artist;

• Details of interpretation;

• Copies of any media coverage;

• A photographic record of the work from different angles and in its wider setting. This is to be released for use for identification, promotion and as a historical record. The name of the photographer is required.

The artworks owned by the City of Subiaco will be registered in accordance with Council’s Asset Management Plan as required under the Local Government Act (1999).

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6.6 Decommissioning The proponent or the city, where the public art is situated on public land may decide to remove an artwork because:

• The work is at the end of its intended life span;

• Maintenance and repair obligations and costs have become excessive in relation to the value and age of the artwork;

• There is irreparable damage with through vandalism or decay;

• There is a significant threat of damage of the work if left in its current

location;

• The work has become unsafe, or is affected by changes in health and safety regulations;

• The site where the work is located is to be redeveloped or physically

altered;

• The work is no longer relevant or appropriate, and the commissioner wishes to commission a new work for the site.

6.6.1 Formal Review

If the work is identified for decommissioning, the proponent, or the city if the art is situated on public land will conduct a formal review with the following guiding principles:

• Seek to protect the continued presence and integrity of any public artwork,

in accordance with the intention of the artist;

• Make a reasonable attempt to consult with the artist prior to any relocation, sale, alteration, or removal of an artwork;

• The artist, owner, commissioners, maintenance contractors and

professional assessors should be consulted. Where possible it is important to be sensitive to the views of the general public and to any community groups who were involved in the original commission and to any other culturally sensitive matters with regard to the work;

• The review should examine the artworks maintenance file, as well as any

contractual agreements between the artist and the commissioner regarding the maintenance or decommission of the work;

• If the artwork was commissioned as a permanent piece then all reasonable

effort should be made to avoid permanent removal within 10 years of its installation;

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• If the artwork is to be permanently removed from the site, the artist should

have first right to acquire of purchase the work, otherwise all reasonable effort should be made to find it a suitable home, such as inside a public building;

• Prepare a documented archival record of the artwork prior to its removal;

• The destruction of the work should only be considered when all other

alternatives have been exhausted;

• The opportunity to commission a new artwork for the site should be examined. It may or may not be considered appropriate to invite the artist who created the original work to put forward a proposal for the new commission.

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7 CONTACTS City of Subiaco (08) 9237 9222 Manager Library and Heritage Services (08) 9381 5084 Public Art Coordinator (08) 9381 1679 city@subiao.wa.gov.au www.subiaco.wa.gov.au Department of Culture and the Arts (08) 9224 7300 info@dca.wa.gov.au www.dca.wa.gov.au Department of Culture and the Arts have a Preferred Providers list of public-art consultants. Artsource (08) 9226 2122 perth@artsource.net.au www.artsource.net.au Artsource, the Artists’ Foundation of WA has a large membership of artists and can provide the contact details and assist with artist selection. Arts Law Centre of Australia (02) 9356 2566 1800 221 457 (toll-free) www.artslaw.com.au National legal centre for the arts, providing telephone legal advise for arts related matters.