Person or thing obstructing road
34 Person or thing obstructing road
(1) A person must not, without the permission of the competent authority given under subregulation (1A):
(a) display an advertisement, or cause an advertisement to be displayed, on a road; or
(b) erect a structure, or cause a structure to be erected, on a road; or
(c) enter and remain on a road to offer goods or services for sale; or
camp on a road.
Maximum penalty: 20 penalty units or imprisonment for 6 months.
(1A) The competent authority in respect of a road may give written permission for a person to:
(a) display an advertisement, or cause an advertisement to be displayed, on the road; or
(b) erect a structure, or cause a structure to be erected, on the road; or
(c) enter and remain on the road to offer goods or services for sale; or
camp on the road.
(2) If an authorised person believes on reasonable grounds that a person has contravened, is contravening or is about to contravene subregulation (1), the authorised person may give the person a direction requiring the person to take an action specified in subregulation (2A).
(2A) A direction given under subregulation (2) may require the person to take either or both of the following actions:
to leave the road;
(b) to remove any advertisement, structure or other thing from the road that the authorised person believes on reasonable grounds has been placed, or caused to be placed, on the road by the person in contravention of subregulation (1).
(2B) For subregulation (2A)(b), the authorised person must specify the period within which the advertisement, structure or other thing is required to be removed from the road in accordance with the direction.
(3) A person given a direction under subregulation (2) must comply with the direction.
Maximum penalty: 20 penalty units or imprisonment for 6 months.
(4) If a person fails to comply with a direction given under subregulation (2) to remove an advertisement, structure or other thing from a road, the competent authority in respect of the road may:
(a) remove the advertisement, structure or thing or have it removed; and
(b) dispose of the advertisement, structure or thing as the competent authority considers appropriate; and
recover from the person:
(i) the costs incurred by the competent authority in removing the advertisement, structure or thing or in having it removed; and
any costs of disposal.
In this regulation:
road includes a road-related area.
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