By-laws for the Control of Hoardings (WA)

Western Australia Planning and Development Act 2005 2 By-Laws For the Control of Hoardings Western Australia By-Laws For the Control of Hoardings Contents Part I — Interpretation 1. Interpretation 2 Part II — General provisions 2. Existing advertising devices to be made to comply 4 3. Advertising devices and hoardings to be securely constructed 4 4. Signs not to be a danger to traffic or to obstruct access 4 4A. Dangerous devices or hoardings 5 5. Duties of owners of advertising devices 5 6. Advertising signs etc not to overhang roads 6 7. Advertising near Swan River or in residential streets 6 8. Advertising near roads or local authority land 7 9. Use of advertising hoardings near roads 7 10. Persons benefited by advertising taken to be responsible 7 11. Breach of by-laws an offence 8 12. Crown not bound 8 13. Application of by-law 4A 8 Notes Compilation table 10 Defined terms Western Australia Planning and Development Act 2005 2 By‑Laws For the Control of Hoardings

Part I — Interpretation

1. Interpretation In these By‑laws, unless the context otherwise indicates — Advertising device shall mean and include any advertisement, signboard, poster, or other sign, painted notice, electrical advertising device, or other illuminated sign. Land includes land, hereditaments, tenements, and also houses, buildings, and other works and structures. Local sign shall mean any advertising device, or other device or figure, carving, or design put up or affixed upon or to any land which shows, consists of, or indicates the name of or the trade, business or calling of the person in actual occupation of the said land, and which shows, consists of, or indicates nothing else whatever. The term explicitly includes signs erected upon land indicating that the said land is to let or for sale and giving the names and addresses of the agents or vendors. Near to— Any advertisement or sign so situated with relation to any road or any land as to be plainly visible to ordinary eyesight, when viewed from such road or such land, shall be deemed to be "near to" such road or such land. Person shall mean and include any person or association of persons, firm, or body corporate. Put up shall mean and include make, erect, put up, or operate, or suffer or cause to be or to remain made, erected, put up, or operated. Responsible officers shall mean the Town Planning Commissioner or his Deputy and/or the officer of the Local Authority charged for the time being with the administration of these By‑laws. Town Planning Commissioner— Commissioner appointed under "The Town Planning and Development Act 1928," or any person temporarily acting as the Commissioner. Town Planning Board— The Board appointed under "The Town Planning and Development Act 1928." Trade, business, and calling shall mean and include any trade, business, industry, calling, occupation, pursuit, pastime, operation, engagement, or activity of whatsoever sort carried on, undertaken, or engaged in by any person, whether the same be or be not carried on, undertaken, or engaged in for the purpose of profit.