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The information below is under development and is provided for information purposes only. Main Roads Western Australia reserves the right to update this information at any time without notice. If you have any questions or comments please contact Brian Watson by e-mail or on (08) 9323 4115.
To the extent permitted by law, Main Roads, its employees, agents, authors and contributors are not liable for any loss resulting from any action taken or reliance made by you on the information herein displayed.
Revision Register
Ed/Version
Number |
Clause
Number |
Description of
Revision |
Date |
| 1 |
All |
Guideline Developed. |
01-Jun-2000 |
| 1A |
Header |
Guideline Contact Amended. |
31-Jan-2007 |
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 | 1.CHAPTER 3 of 11. STATUTORY CONTROLS | |
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| 1.1.GENERAL | |
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| 1.2.Main Roads Act 1930 | |
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| 1.3.Main Roads (Control of Advertisements) Regulations 1996 | |
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| 1.3.1.Approvals | |
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| 1.3.2.Approval Criteria | |
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| 1.3.3.Removal of Illegal Advertising Devices | |
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| 1.3.4.Retrospective Action | |
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| 1.4.Other Western Australian Acts and Regulations | |
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| 1.4.1.General | |
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| 1.4.2.Road Traffic Act 1974 | |
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| 1.4.3.Road Traffic Code 1975 | |
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| 1.4.4.Road Traffic (Vehicle Standards) Regulations 1977 | |
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| 1.4.5.Planning and Development Act 1928 | |
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| 1.4.6.Local Government Act 1995 | |
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The Main Roads Act 1930 gives the Commissioner of Main Roads the statutory authority and responsibility for the care, control and management of the State's highways and main roads. The Act also includes provision for the Control of Advertisements.
Specifically, Section 33B of the Act allows the Governor, on the recommendation of the Commissioner, to make regulations to control advertisements on or in the vicinity of highways and main roads where hoardings or other advertising structures are considered to be:
- hazardous to traffic safety
- aesthetically objectionable
This section also allows any person to appeal to the Minister for Transport against any direction given by the Commissioner under these regulations. The Minister may appoint a committee to investigate an appeal and the decision of the Minister on such appeal is final and binding on both parties.
Section 33C allows the Commissioner to delegate to a local government all or any of his powers and functions in relation to any regulations made under Section 33B. Such a delegation does not prevent the exercise of a power or the performance of a function by the Commissioner. In addition, the Commissioner may vary or revoke any delegation given by him to a Local Government. |
This guide provides both the general and specific permission criteria upon which applications for approval are to be assessed to ensure that the proposed advertising device conforms with the intent of the Main Roads Act and these Regulations.
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| Section 33B of the Main Roads Act 1930 does not provide for retrospective action where a new highway or main road is declared on an existing road.
However, in those situations where:
- the prevailing traffic conditions have altered; and/or
- any road improvements have occurred; and/or
- the content of the advertisement has altered,
which may render an existing Advertising Device to be potentially hazardous to traffic on the highway or main road, or, to be aesthetically objectionable, then action may be initiated to have that device removed under the provisions of the Main Roads (Control of Advertisements) Regulations 1996. |
Other Western Australian Acts and Regulations specify certain requirements which the whole community must observe. These complement the specific requirements of the Main Roads Act and the Control of Advertisements Regulations. Each of these other Acts and Regulations must be taken into account in the assessment of any proposed or existing advertising device. They are as follows:-
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| Section 87 of this Act empowers the Commissioner of Main Roads to issue a notice in writing requiring the removal, extinguishment, modification, restriction or such other requirement as the Commissioner may direct and which he considers necessary where a light, is, in his opinion, likely to confuse or create a danger to vehicular or pedestrian traffic. A light includes an illuminated sign.
The Commissioner or authorised person may only enter a place or premises and give effect to the direction if there is a non-compliance by the person to whom the direction was made. |
| The Commissioner of Main Roads approval is required for all advertising devices on or in the vicinity of highways and main roads. The Commissioner's authority is founded in the Main Roads Act and the Main Roads (Control of Advertising) Regulations 1996. A copy of the relevant sections of the Main Roads Act (Sections 33B and 33C) and a copy of the Regulations are at Appendix A.
Local Government's control over Advertising Devices derives from the Local Government Act 1995, the Town Planning and Development Act 1928 and various Local Laws. The Commissioner of Main Roads is not bound by any policies of a Local Government regarding advertising devices. However, the Commissioner will consult with the relevant Local Government and provide timely information regarding roadside advertising on highways and main roads.
While Local Government does not have statutory powers over highways and main roads, the Commissioner will not approve of any device unless the relevant Local Government has first given its approval.
The Commissioner also has responsibility for confusing or hazardous signs and lights under various other Western Australian State Acts and Regulations.
A summary of the various applicable Acts and Regulations follows. |
Regulation 4 states that the Regulations do not apply to certain types of signs. These include small signs beyond the boundary of a road which indicate:
the premises are for sale or for letting; and/or
the name or name and business of the occupier of the premises.
The regulations also do not apply to a sign inside a building if the sign is not lit nor directed primarily at persons travelling in or on vehicles.
Regulation 5 of these regulations require the Commissioner of Main Roads' written approval for a person to:
(a) erect or construct, or cause to be erected or constructed a hoarding or other advertising structure, and
(b) exhibit, or cause to be exhibited an advertisement, on or in the vicinity of a highway or main road.
Regulation 7 states that the Commissioner's approval for a hoarding, advertising structure or advertisement may be given on any condition set out in the notification of approval.
Regulation 7 further provides that the Commissioner is not to give approval unless the Commissioner is satisfied that:
(a) the Local Government has approved the application under the Local Government Act 1995 and the Town Planning and Development Act 1928, and
(b) each condition imposed by the Local Government under the above Acts is consistent with an approval under these regulations.
Regulation 8 provides specific information on the appeals procedure.
Regulation 10 states that the Commissioner may revoke an approval if the hoarding, structure or advertisement:
is or has become hazardous to traffic safety or aesthetically objectionable;
if the conditions of approval have not been complied with; or
if the applicant provided information which was materially false or misleading or, was likely to deceive in a material way. |
Regulation 11 provides for the Commissioner of Main Roads to direct that an advertising device be removed or transferred to another site if the device:
has not been approved;
does not comply with a condition of approval;
is hazardous to traffic safety; and
is aesthetically objectionable.
Regulation 12 allows the Commissioner or any authorised person to enter land and modify, obscure, remove or reposition an advertising device that does not comply with the regulations.
Regulation 13 states that the owner of the advertising device is responsible for the cost of removal or modification of an advertising device.
Regulation 14 allows the Commissioner to dispose of any advertising device removed under Regulation 12. Where the device is disposed of by way of sale the Commissioner is to firstly apply any proceeds of sale towards the cost of removal of the device; secondly towards payment of any penalty and thirdly any balance to be paid to the person proving an entitlement to the balance. |
| Regulation 301 of the Code makes it an offence to erect or display anything, including an Advertising device, that:
(a) is a false representation of, or a colourable imitation of, a traffic sign or traffic-control signal;
(b) interferes with the effectiveness of, or of any part of, a traffic sign or traffic-control signal;
(c) prevents an approaching driver from clearly distinguishing the whole, or part, of a traffic sign or traffic-control signal;
(d) distracts his attention from a traffic sign or traffic-control signal; or
(e) not being a traffic sign, displays a word or direction ordinarily associated with a traffic sign. |
| Regulation 404 allows the display, under certain conditions, of flashing warning lights on specific emergency and certain other vehicles only. Thus advertising devices shall not contain lights which give the appearance of such warning lights.
Regulation 408 allows the fitting of specified types of illuminated signs, including illumination levels on all vehicles including buses, taxis, emergency vehicles and police vehicles.
Advertising devices shall conform with these requirements. |
| This Act is used to ensure that all developments including advertising signs and structures conform with the Metropolitan Region Scheme and other legislation arising from the Act. Approvals under the Act are obtained through the relevant Local Government as part of the sign licensing process.
Local Governments may choose to refer an application to the Ministry of Planning for consideration, or they may grant approval under Clause 32 of the Metropolitan Region Scheme. |
| Various sections of the Act enable Local Governments to proclaim Local Laws and Town Planning Schemes to control the use of outdoor advertising devices. |
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