Planning, Development and Infrastructure Act 2016

If, in the opinion of the Commission or a council, an advertisement or advertising hoarding—

disfigures the natural beauty of a locality or otherwise detracts from the amenity of a locality; or

is contrary to the character desired for a locality under the Planning and Design Code, the

Commission or council may, by notice served in accordance with the regulations on the advertiser or the owner or occupier of the land on which the advertisement or advertising hoarding is situated, whether or not a development authorisation has been granted in respect of the advertisement or advertising hoarding, order that person to remove or obliterate the advertisement or to remove the advertising hoarding (or both) within a period specified in the notice (which must be a period of at least 28 days from the date of service of the notice).

An order under subsection (1) may not be made in relation to—

an advertisement the display of which is authorised under the Local

Government Act 1999, the Local

Government (Elections) Act 1999 or the Electoral

Act 1985;

or

an advertisement required to be displayed under the provisions of some other Act; or

an advertisement for the sale or lease of land situated on the land concerned; or

an advertisement of a prescribed class.

If a person on whom a notice is served under subsection (1) fails to comply with a notice within the time allowed in the notice—

the

Commission or council may itself enter on the land and take the necessary steps for carrying out the requirements of the notice and may recover the costs of so doing, as a debt, from the person on whom the notice was served; and

the person on whom the notice was served is guilty of an offence.

Maximum penalty: $10 000.

Default penalty: $100.

If a development authorisation has been given under this Act for the erection or display of an advertisement, no further licence or other authorisation in respect of the erection or display of the advertisement is required under the Local

Government Act 1999 or the Local

Government (Elections) Act 1999.

A person against whom an order is made under this section may, within

1 month after service of the notice or such longer period as may be allowed by the Court, appeal to the Court against the order and, on an appeal, the Court may confirm, vary or quash the order subject to the appeal and make any consequential or ancillary order or direction that it considers necessary or expedient in the circumstances of the case.