{"id":"bylaws-for-the-control-of-hoardings","name":"By-laws for the Control of Hoardings","slug":"by-laws-for-the-control-of-hoardings","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174206,"registerId":"wa-bylaws-for-the-control-of-hoardings-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"By-laws for the Control of Hoardings","content":"![Crest]()Western Australia\n\nPlanning and Development Act 2005 2\n\nBy-Laws For the Control of Hoardings\n\nWestern Australia\n\nBy-Laws For the Control of Hoardings\n\nContents\n\nPart I — Interpretation\n\n1. Interpretation 2\n\nPart II — General provisions\n\n2. Existing advertising devices to be made to comply 4\n\n3. Advertising devices and hoardings to be securely constructed 4\n\n4. Signs not to be a danger to traffic or to obstruct access 4\n\n4A. Dangerous devices or hoardings 5\n\n5. Duties of owners of advertising devices 5\n\n6. Advertising signs etc not to overhang roads 6\n\n7. Advertising near Swan River or in residential streets 6\n\n8. Advertising near roads or local authority land 7\n\n9. Use of advertising hoardings near roads 7\n\n10. Persons benefited by advertising taken to be responsible 7\n\n11. Breach of by-laws an offence 8\n\n12. Crown not bound 8\n\n13. Application of by-law 4A 8\n\nNotes\n\nCompilation table 10\n\nDefined terms\n\n  \n\nWestern Australia\n\nPlanning and Development Act 2005 2\n\nBy‑Laws For the Control of Hoardings\n\n## Part I — Interpretation\n\n##### 1. Interpretation\n\nIn these By‑laws, unless the context otherwise indicates —\n\n  Advertising device shall mean and include any advertisement, signboard, poster, or other sign, painted notice, electrical advertising device, or other illuminated sign.\n\n  Land includes land, hereditaments, tenements, and also houses, buildings, and other works and structures.\n\n  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.\n\nThe 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.\n\n  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.\n\n  Person shall mean and include any person or association of persons, firm, or body corporate.\n\n  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.\n\n  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.\n\n  Town Planning Commissioner— Commissioner appointed under “The *Town Planning and Development Act 1928*,” or any person temporarily acting as the Commissioner.\n\n  Town Planning Board— The Board appointed under “The *Town Planning and Development Act 1928*.”\n\n  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.\n\n## Part II — General provisions\n\n##### 2. Existing advertising devices to be made to comply\n\nEvery existing advertising device, upon, over, or near to any road or footway or land under the control of any Local Authority which does not conform in all respects with the requirements and provisions of these By‑laws shall be removed, obliterated, or taken down within the period of twelve months next after the date of the publication of these By‑laws in the *Gazette*, or shall, within that period, be altered in construction or situation or by repainting or relettering or otherwise, so as to conform with the requirements of these By‑laws.\n\nProvided that subject to By‑law 4A of these By‑laws advertising hoardings licensed on the 24th day of September 1930, which require to be altered or removed by such By­ laws, shall be so altered or removed within a period of five years from the aforesaid date, the 24th day of September 1930.\n\n[By‑law 2 amended: Gazette 4 August 1933 p.1134.]\n\n##### 3. Advertising devices and hoardings to be securely constructed\n\nEvery advertising device and every advertising hoarding shall be securely constructed and maintained to the satisfaction of the responsible officer.\n\n##### 4. Signs not to be a danger to traffic or to obstruct access\n\n(1) No person shall put up or maintain any sign or advertisement in such a position which, in the opinion of the responsible officer, would create a danger to traffic by obstruction the view of persons in charge of vehicles or animals upon any road, or otherwise.\n\n(2) No person shall put up any signboard or advertisement so as to obstruct access to or from any window, door, or fire escape; provided that this shall not include a window used for the display of goods or merchandise.\n\n##### 4A. Dangerous devices or hoardings\n\n(1) No person shall have or keep, or permit or suffer to be had or kept, on any land or building owned by him or under his control any advertising device or advertising hoarding in respect of which he has been served with notice from the responsible officer that in his opinion such device or hoarding is dangerous, either to property or to person, or is otherwise objectionable.\n\n(2) Every person upon whom a notice has been served under this By‑law shall remove, or cause to be removed, such device or hoarding within the time specified in the notice.\n\n(3) If any person makes default in the due compliance with any notice served upon him under this By‑law, the Local Authority, or the Responsible Officer, with its servants or agents, may enter upon such land or building and remove the advertising device or advertising hoarding referred to in such notice, and may recover the expenses incurred thereby from the person making default as aforesaid as a debt owing by him to the Local Authority, or the Responsible Officer, as the case may be, by acting in any court of competent jurisdiction.\n\n[By‑law 4A inserted: Gazette 4 August 1933 p.1134.]\n\n##### 5. Duties of owners of advertising devices\n\nThe owner of or other person using any advertising device shall —\n\n(1) maintain the same, and all things appertaining thereto, in a clean, tidy, and sightly condition;\n\n(2) required by the responsible officer by written notice, repaint or renovate the same;\n\n(3) forthwith, upon notice from the responsible officer that the same is against public decency, or morality, remove or obliterate the same;\n\n(4) if the advertising device is put up over any road or footway, keep the same free from any accumulation of dust or other unsightly matter.\n\n##### 6. Advertising signs etc not to overhang roads\n\n(1) No person shall put up any swinging signboard or sign, or advertising device, or any advertising device constructed wholly or partly of calico, canvas, paper, or other flimsy material, so as to overhang or to be over any road or footway or land under the control of a Local Authority or the Main Roads Board.\n\n(2) The responsible officer may cause any such sign or signboard or advertising device to be removed, without notice, at the expense of the owner thereof.\n\n##### 7. Advertising near Swan River or in residential streets\n\n(1) No person shall put up or permit, or suffer to be put up on land under his control, any advertising device (not being a temporary local sign) near to the Swan River, or its tributaries from source to mouth, or any water front or lakeside within the boundary of any Local Authority; provided that this By‑law shall not be deemed to prohibit the putting up of any advertising device which is so remote from the said Swan River and tributaries or other waters as to be inconspicuous when viewed therefrom; or put up, or permit, or suffer to be put up, any advertising device fronting any improved part or improved reserve; provided that, where there is a predominance of industrial or commercial buildings, this clause shall not apply.\n\n(2) No person shall put up or permit, or suffer to be put up, any advertising device on any land in a residential street, except to exhibit his name and trade or calling.\n\nA residential street is one in which the greater part of the frontage to such street between two cross streets is occupied by residences; provided that this clause shall not apply to a gazetted shopping area, or to any section of any street which the responsible officer certifies to be a future shopping area.\n\n##### 8. Advertising near roads or local authority land\n\nNo person shall put up, or permit to be put up, near to any road, railroad, or land under control of a Local Authority, any advertising device or any advertising hoarding that shall obstruct any view from any public highway which, in the opinion of the responsible officer, should not be obstructed; or put up, write, or make any advertising device, notice, intimation, or quotation upon any road or footway under control of a Local Authority or Main Roads Board, or on any tree or other surface thereon, except as herein provided.\n\n[By‑law 8 amended: Gazette 4 August 1933 p.1134.]\n\n##### 9. Use of advertising hoardings near roads\n\n(1) No person shall, near to any road, footway, or land under the control of the Local Authority, put up any advertising device upon any advertising hoarding —\n\n(a) unless such advertising hoarding is at least its own height from the building line of any street, thoroughfare, or footpath;\n\n(b) such advertising hoarding is constructed in accordance with a design and specification approved by the Local Authority, consisting of an advertising panel or panels painted to the approval of the said Local Authority, and supported or surrounded by, or contained within, structural features of an ornamental or decorative character.\n\n##### 10. Persons benefited by advertising taken to be responsible\n\nSubject as in this By‑law herein provided, if any advertising device shall be put up on any land or upon any advertising hoarding or other hoarding, wall, fence or other structure, or rock, stone, tree, or other thing near to any road, footway, or land under the control of a Local Authority, in contravention of these By‑laws, and the person putting up such advertising device is not known, then any person interested or benefited or capable of being interested in or benefited by the putting up of such advertising device shall be deemed to have committed and be held liable for the breach whereby these By‑ laws have been so contravened: Provided always, that these By‑laws shall not apply in the case of any advertising device put up as aforesaid which the Local Authority in whose district the same is put up by resolution declares to be for a national, charitable, or religious purpose, but such advertising device shall be removed forthwith after the purpose for which it was put up shall have ceased to exist.\n\n##### 11. Breach of by-laws an offence\n\nIf any person shall, either by act or omission, contravene any of these By‑laws, he shall be guilty of an offence under these By‑laws, and on conviction for such offence shall be liable to a penalty not exceeding Ten pounds, and also, if such offence is in its nature a continuing offence, to a daily penalty not exceeding Two pounds during the continuance of the offence.\n\n##### 12. Crown not bound\n\nThese By‑laws shall not apply to and shall not in any manner whatsoever bind the Crown, or any Government department, or Government instrumentality, or any State trading concern.\n\n##### 13. Application of by-law 4A\n\nBy‑law 4A of these By‑laws shall have the force of law in the District of every Local Authority in the State, as defined in the said Act; and these By‑laws, other than By‑law 4A aforesaid, shall have the force of law in the District of every such Local Authority, excepting the districts specified in the Schedule hereunder: —\n\nSchedule\n\nCity of Perth\n\nCity of Fremantle\n\nMunicipality of South Perth\n\nCity of Subiaco\n\nMunicipality of Northam\n\nArmadale — Kelmscott Road Board\n\nCity of Nedlands\n\nBelmont Park Road Board\n\nMelville Road Board\n\nTown of Cottesloe\n\nTown of Claremont\n\nShire of Gosnells\n\nShire of Kalgoorlie\n\nShire of Gascoyne — Minilya\n\nShires of Busselton, Cockburn and Dundas\n\nShires of Rockingham, Collie and Mundaring\n\nShires of Balingup, Belmont, Esperance, Gnowangerup, Nangarin, and Swan — Guildford,\n\nCunderdin, Dardanup, and Exmouth.\n\n[By‑law 13 inserted: Gazette 4 August 1933 p.1134; amended: Gazette 6 April 1959 p.875; 12 June 1959 p.1546; 11 September 1959 p.2297; 11 December 1959 p.3025; 10 October 1961 p.2861; 27 February 1962 p.551; 23 August 1962 p.2335; 8 November 1962 p.3655; 18 October 1963 p.3164; 1 November 1963 p.3340; 24 December 1963 p.3979; 15 May 1964 p.2174; 3 July 1964 p.2615.]\n\nNotes\n\n1. This is a compilation of the *By‑laws for Control of Hoardings* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *By‑laws for Control of Hoardings* | 27 Nov 1931 p. 2520‑1 | 27 Nov 1931 |\n|  | 4 Aug 1933 p. 1134 | 4 Aug 1933 |\n|  | 6 Apr 1959 p. 875 | 6 Apr 1959 |\n|  | 12 Jun 1959 p. 1546 | 12 Jun 1959 |\n|  | 11 Sep 1959 p. 2297 | 11 Sep 1959 |\n|  | 11 Dec 1959 p. 3025 | 11 Dec 1959 |\n|  | 30 Mar 1961 p. 848‑9 | 30 Mar 1961 |\n|  | 10 Oct 1961 p. 2861 | 10 Oct 1961 |\n|  | 27 Feb 1962 p. 551 | 27 Feb 1962 |\n|  | 23 Aug 1962 p. 2335 | 23 Aug 1962 |\n|  | 8 Nov 1962 p. 3655 | 8 Nov 1962 |\n|  | 18 Oct 1963 p. 3164 | 18 Oct 1963 |\n|  | 1 Nov 1963 p. 3340 | 1 Nov 1963 |\n|  | 24 Dec 1963 p. 3979 | 24 Dec 1963 |\n|  | 15 May 1964 p. 2174 | 15 May 1964 |\n|  | 3 Jul 1964 p. 2615 | 3 Jul 1964 |\n\n\n2 Formerly made under s. 30(1) of the *Town Planning and Development Act 1928*, continued under s. 262 of the *Planning and Development Act 2005*.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAdvertising device 1\n\nLand 1\n\nLocal sign 1\n\nNear to 1\n\nPerson 1\n\nPut up 1\n\nResponsible officers 1\n\nTown Planning Board 1\n\nTown Planning Commissioner 1\n\nTrade, business, and calling 1\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available for analysis. The page appears to have been removed or relocated as part of a website upgrade by the Parliamentary Counsel's Office of Western Australia."},"complexity_factors":["No legislative text was retrievable — the source URL returns a 'page not found' error message only","Cannot assess complexity without actual legislative content","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**This page contains no retrievable legislation.**\n\nThe link provided leads to a broken or removed page on the Western Australian legislation website. The actual text of the **By-laws for the Control of Hoardings** (which would typically govern temporary fencing/barriers erected around construction sites on public land) is **not available** from this source.\n\nNo legal analysis can be performed on the content as no legislative text was provided — only an error message explaining the page no longer exists at that URL."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"Originally made under the Town Planning and Development Act 1928, these by-laws were continued under the Planning and Development Act 2005. The scope has expanded geographically through multiple amendments (1959-1964) adding numerous shires and municipalities to the exemption schedule in By-law 13, effectively narrowing the by-laws' application by excluding more areas. The original 1931 by-laws applied broadly but were progressively carved out to exclude specific local government areas, suggesting the regulatory framework became patchwork and potentially obsolete in many regions."},"complexity_factors":["Only 9 defined terms in a single interpretation section","Straightforward structure with just 2 Parts and 13 by-laws","Minimal cross-referencing (only occasional references to other by-laws within the same instrument)","Simple conditional logic using standard provisos ('provided that') rather than nested exceptions","Historical currency references (£10, £2) indicate dated legislation but don't add operational complexity","Single schedule listing exempt local government districts","No delegated legislation or regulation-making powers within the text"],"plain_english_summary":"These are Western Australian by-laws that regulate outdoor advertising signs and hoardings (large advertising boards). They set rules about where signs can go, how they must be built, and who is responsible for them.\n\n**Key things the by-laws do:**\n\n- **Safety first**: Signs must be securely built and can't block drivers' views, obstruct fire escapes, or create traffic dangers. Dangerous signs can be removed by local authorities immediately.\n\n- **Location restrictions**: \n  - No signs overhanging roads if made of flimsy materials like canvas or paper\n  - Special restrictions near the Swan River and in residential streets (only local business signs allowed there)\n  - Signs near roads can't block scenic views\n\n- **Maintenance duties**: Owners must keep signs clean, repaint them when asked, and remove anything offensive to public decency.\n\n- **Grandfathering**: Signs that existed before 1930 got 5 years to comply; newer signs had 12 months.\n\n- **Who's liable**: If you benefit from an illegal sign, you're responsible for it even if you didn't put it up.\n\n- **Penalties**: Breaking these rules could cost up to £10 (historical currency) plus daily fines for ongoing offences.\n\n**Who it affects**: Anyone putting up advertising signs in Western Australia, except government bodies (the Crown is exempt). Local councils (called \"Local Authorities\") enforce these rules through \"responsible officers\"—typically the Town Planning Commissioner or their deputy.\n\n**Why it matters**: These by-laws aim to keep streets safe, prevent visual clutter, protect residential areas and waterways from excessive advertising, and ensure signs don't become dangerous or eyesores."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument's core scope — regulating construction, siting, maintenance, removal and safety of advertising devices and hoardings near roads and public land — remains intact. The text retains targeted geographic exceptions for most by‑laws while making the dangerous‑device powers (By‑law 4A) statewide and excludes the Crown (By‑laws 4A, 13, 12). The compilation note records continuity of authority under later planning legislation but does not alter the by‑laws' substantive regulatory reach."},"complexity_factors":["Discretionary standards and judgments vested in the \"responsible officer\" (see definitions and By‑laws 3, 4, 8, 9): subjective decision-making increases implementation variability.","Enforcement powers to enter land, remove devices and recover expenses as a debt (By‑law 4A(3)) create civil‑debt and operational procedures for local authorities.","Criminal penalties and continuing daily penalties for ongoing breaches (By‑law 11) combine deterrence with administrative enforcement.","Exceptions and limited application across specified districts (By‑law 13 Schedule) plus Crown exemption (By‑law 12) complicate geographic scope.","Retroactive compliance periods for existing devices (By‑law 2) impose phased costs on existing owners/advertisers.","Multiple defined terms (e.g. \"near to\", \"local sign\", \"put up\") affect the boundary of application and require factual determinations (By‑law 1).","Interplay with other authorities (Local Authority, Main Roads Board) and area classifications (residential, shopping, waterfront) requires cross‑agency coordination (By‑laws 6, 7, 8, 9).","Historic fixed monetary fines denominated in pounds may require interpretation or updating for modern enforcement."],"plain_english_summary":"These by‑laws regulate advertising devices and hoardings in Western Australia: how they must be constructed, sited, displayed, maintained, altered or removed to avoid danger, traffic obstruction or offence. They apply to owners, occupiers, advertisers and local authorities and give the responsible officer power to order removal or alteration, to remove dangerous devices and to recover removal costs (By‑law 4A(2)–(3)), and to fine offenders (By‑law 11). Owners pay compliance and removal costs; enforcement depends on officer discretion."}},"importantCases":[],"_links":{"self":"/api/acts/by-laws-for-the-control-of-hoardings","history":"/api/acts/by-laws-for-the-control-of-hoardings/history","analysis":"/api/acts/by-laws-for-the-control-of-hoardings/analysis","conflicts":"/api/acts/by-laws-for-the-control-of-hoardings/conflicts","importantCases":"/api/acts/by-laws-for-the-control-of-hoardings/important-cases","documents":"/api/acts/by-laws-for-the-control-of-hoardings/documents"}}