Country Roads Board v Neale ADS Pty Ltd [1930] HCA 5

Taro Foll "4

Pe 'Se Dist Friends

ito Git Basted gins (OAS Se"

H.C. or A. By-law — Validity — Hoardings — Advertisements — Power to regulate or prohibit— Prohibition unless act done with consent of Authority—Country Roads B —Country Roads Act 1915 (Vict.) (No. 2635), sec. 61; Country Roads 4 1927 (Vict.) (No. 3568), sec. 3*—Country Roads Act 1928 (Vict.) (No. sec. 60*—Local Government Act 1915 (Vict.) (No. 2686), sec. 198 (1)*—I Government Act 1928 (Vict.) (No. 3720), sec. 198 (1).*

1930. Ww

MErnourn, Feb. 21; March 20.

Dixon JJ.

HIGH COURT

(HIGH COURT OF AUSTRALIA.]

THE COUNTRY ROADS BOARD . = =

NEALE ADS PROPRIETARY LIMITED. .

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

'The Country Roads Board was empowered to make by-laws for the put of "regulating or prohibiting the erection and construction of hoardings o1 or in the vicinity of State highways or regulating, restricting, preventing of controlling the exhibition of advertisements on or in the

highways.

*Sec. 60 of the Country Roads Act 1928 (Vict.), consolidating the pro- visions of sec. 61 of the Country Roads Act 1915 and sec, 3 of the Country Roads Act 1927, provides :—" 60. Subject tothe provisions hereinaftercontained by-laws may be made by the " Country Roads «Board and published in the Govern- ment Gazette for the purposes mentioned in this Part and for the purposes follow- in . . . (d) Regulating or pro- hibiting the erection and construction of hoardings on or in the vicinity of State highways or regulating restricting preventing or controlling the exhibition

AND

In exercise of this power the Board passed a by-law of which t] effect of clauses 3 and 4 was to forbid advertising hoardings and adve ments near State highways unless the consent of the Board was given a it. had considered whether certain specified objections existed.