Division 4—Grounds for Refusal or Revocation of a Licence
2.11 Licence Refusal
A licence for an Advertising Device may be refused by the Council if—
(a) the Advertising Device does not or would not comply with a provision of these Local Laws; or
(b) the Advertising Device would, in the opinion of the Council, increase the number or variety of
signs so as to become too numerous or various to be acceptable in an area or be injurious to the
amenity or natural beauty or safety of an area; or
(c) the Advertising Device advertises goods or services which are not displayed of offered for sale or
otherwise available to the public upon or from the land near where the Advertising Device is
located.
GOVERNMENT GAZETTE, WA 98726 February 1998]
2.12 Licence Revocation
The Council may revoke a licence by notice in writing, without affecting the liability of the licensee to a
penalty under these Local Laws, if—
(a) the conditions of the licence or a provision of these Local Laws are not complied with; or
(b) the licensee is convicted of an offence against the Local Laws.
PART 3—RESTRICTIONS ATTACHING TO ALL ADVERTISING DEVICES
3.1 An Advertising Device shall not be erected or maintained—
(a) so as to obstruct the view, from a thoroughfare or public place, of traffic, in anythoroughfare or
public place;
(b) where it would detract from the aesthetic environment of a public park or pleasure ground;
(c) on any thoroughfare reserve for other purposes than a direction sign, except as otherwise ap-
proved pursuant to these Local Laws;
(d) on any natural feature, including a rock or tree, or any bridge or the structural approaches to a
bridge or viaduct;
(e) in the instance of an internally illuminated Advertising Device, where the manner of its dis-
play would cause glare, or dazzle or otherwise distract the driver of any vehicle, or affect the
amenity of the area;
(f) in the instance of an externally illuminated Advertising Device, where the light would not be
directed solely onto the device and its structural surround, and the light source was not so
shielded that glare would not occur or extend beyond the Advertising Device and cause the
driver of any vehicle to be distracted, or affect the amenity of the area;
(g) where it would be likely to interfere with, or cause risk or danger to, thoroughfare traffic by
virtue of the fact that it:
(i) may be mistaken or confused with or obstruct or obscure or otherwise reduce the clar-
ity or effectiveness of any traffic control device;
(ii) would invite traffic to turn and would be sited so close to the turning point that there
would not be reasonable time for a person to signal and turn safely;
(iii) would invite traffic to move contrary to any traffic control device or turn where there is
fast moving traffic; and
(iv) may obscure the vision of a person driving a vehicle.
(h) in the case of an illuminated Advertising Device where it—
(i) may be confused with or mistaken for the stop or tail lights of a vehicle or vehicles;
(ii) includes animation which incorporates more than four changes per minute, or, in the
case of chasing globes, more than one globe in four would chase;
(iii) includes rotation and the rotation would exceed four equal changes per minute for a
two-faced, three equal changes per minute for a three faced, two equal changes per
minute for a four faced Advertising Device;
(iv) would operate at a time when it might cause a traffic hazard.
(i) on any building or structure of which the stability is, in the opinion of the Council likely to be
affected by the Advertising Device;
(j) on a light, power of thoroughfare pole without the approval of the relevant authority responsi-
ble for the erection of that pole;
(k) in any position where it obstructs or obscures or may obstruct or obscure a person’ s view from
a dwelling of a river, the sea or any other natural feature of beauty.
(l) or displayed or exhibited on a vehicle left standing or parked on a thoroughfare reserve prima-
rily for the purpose of displaying or exhibiting such advertisements or for the soliciting of busi-
ness or sale of goods to which such advertisements refer.
(m) as a movable or portable sign in a thoroughfare or public place, unaffixed to a building except
as otherwise approved by Council pursuant to these Local Laws.
PART 4—CONDITIONS ATTACHING TO ALL ADVERTISING DEVICES
4.1 Fixing of Advertising Devices
Every Advertising Device shall be securely fixed to the structure by which it is supported, to the satisfac-
tion of the Council and shall be safely maintained.
4.2 Headroom
Every Advertising Device shall be so fixed as to provide a clear headway thereunder of, not less than
2.4m unless otherwise approved by the Council.
4.3 Obstruction to Door, etc.
An Advertising Device shall not be erected so as to obstruct access to or from any door, fire escape or
window, other than a widow designed for the display of goods.
4.4 Materials
Glass or readily combustible materials or other materials, likely to be a risk to public safety shall not be
used in the construction of Advertising Devices licensed pursuant to these Local Laws.
GOVERNMENT GAZETTE, WA [26 February 1998988
4.5 Advertising Devices to be Kept Clean
Every Advertising Device shall be kept clean and free from unsightly matter and shall be maintained by
the licensee or owner in good order free of dilapidation.
4.6 Inscription on Advertising Devices
Except in the case of a hoarding, sandwich board or direction sign, Advertising Devices generally shall
only display the following—
(a) the name of one or more of the occupiers of the premises; and/or
(b) details of the business carried on in the premises; and/or
(c) details of the goods sold in the premises to which it is affixed; and/or
(d) any other matter approved by Council.
PART 5—PROVISIONS RELATING TO ADVERTISING DEVICES
5.1 First Schedule Applies
An Advertising Device shall comply with the specifications set out in the First Schedule.
5.2 Animated Signs
(1) An animated sign shall comply with the specifications relating to the particular sign of which it is
part thereof or comprises in full.
(2) It shall be located in such position that there is no conflict with any person or vehicle and may not
be incorporated in a portable type system on any site.
(3) An animated sign with moving parts shall be secured in situations where high wind speeds are
anticipated to occur, in accordance with Clause 4.1 and not have any part thereof nearer any part of
another Advertising Device erected on the same lot/site than as stated in column 10 of the First Sched-
ule.
5.3 Bill Posting
(1) Subject to Sub-Clause 2 a person shall not post any bill, or paint, stencil, place or affix any adver-
tisement on any thoroughfare or on any building, structure, fence, wall, hoarding, sign, post, blind or
awning within the Shire of Carnarvon.
(2) This Local Law does not apply to advertisements affixed to, or painted on, a shop window by the
occupier thereof and relating to the business carried on therein in compliance with the requirements of
the First Schedule.
5.4 Development Signs
A development sign shall;
(a) only be erected where more than 4 subdivisional lots are to be produced in the development or
the stage of development being advertised;
(b) only be erected in the ratio of 1 square metre of area per hectare up to a maximum of 50 square
metres with no individual sign exceeding 20 square metres;
(c) not have any part thereof nearer any part of another Advertising Device erected on the same
lot/site than as stated in column 10 of the First Schedule; and
(d) be removed from the site within two years or when 80% of the lots in the subdivision have been
sold, whichever is the sooner.
5.5 Direction Signs on Thoroughfare Poles
A direction sign attached to a pole in a thoroughfare shall comply with the specifications in the First
Schedule.
5.6 Election Signs
(1) Signs erected on private properties such as residential lots shall be setback from the boundary of
the property as set out in the columns 8 and 9 of the First Schedule.
(2) Signs erected within thoroughfare reserves shall be—
(a) a minimum distance from any intersection, including traffic island turnaround accessways as
set out in column 10 of the First Schedule;
(b) free standing and not affixed to any existing sign post, power or light pole, or similar structure;
(c) placed so as not to interfere with pedestrian, cycling or automotive access within the thorough-
fare reserve;
(d) placed in such other position that an adjacent landowner who may not be of an individual
political following is not compromised by such election signage.
(3) All signs and posters erected shall be maintained in good order and repair.
(4) Any signs or posters erected for electioneering purposes shall be removed within 24 hours of the
close of polls on voting day.
5.7 Fence Signs
Signs may, with approval be painted or affixed on the side or rear fence of lots, which are used for
business purposes, but any such sign shall not be nearer to the thoroughfare than a distance equal to its
own height above the ground.
5.8 Fly Posting
No person shall advertise by means of fly posting at any place or location within the district of the Shire
of Carnarvon except on the inside of shop windows with the owner’s approval and in compliance with
poster specifications in the First Schedule.
GOVERNMENT GAZETTE, WA 98926 February 1998]
5.9 Hoardings
Hoardings shall not—
(a) be erected in a residential area;
(b) except with the approval of Council, be erected within such distance of any thoroughfare or
other public place as stated in column 8 and 9 of the First Schedule, and in any case not closer
than its own height to a thoroughfare or public place;
(c) be of greater area than as stated in column 4 of the First Schedule;
(d) not have any part thereof nearer any part of another Advertising Device erected on the same
lot/site than as stated in column 10 of the First Schedule.
5.10 Horizontal Signs
A horizontal sign shall—
(a) be fixed parallel to the wall of the building to which it is attached;
(b) not project from the wall to which it is attached for a greater distance than stated in column 7
of the First Schedule.
5.11 Illuminated Signs
Every illuminated sign shall—
(a) satisfy the provisions of Clause 3.1;
(b) have its electrical installation constructed and maintained to the satisfaction of Western Power;
(c) comply with the specifications in the First Schedule; and
(d) not have any part thereof nearer any part of another Advertising Device erected on the same
lot/site than as stated in column 10 of the First Schedule.
5.12 Information Panels
The Council may provide information panels or bays of varying sizes and charge fees for the inclusion of
advertisements in such panels or bays.
5.13 Institutional Signs
Institutional signs shall comply with the specifications in the First Schedule, except with the approval
of the Council, but in any case shall not exceed in area that stated in column 4 of the First Schedule.
5.14 Portable Signs
(1) Portable signs shall—
(a) be located wholly within the boundaries of land or approved prolongation thereof owned or
occupied by a person who erected or who has maintained the sign;
(b) only advertise a product or service available within the boundaries of the land to which the sign
relates;
(c) not exceed a height stipulated in column 2 of the First Schedule as measured above the level of
the ground immediately below it;
(d) not exceed an area as stated in column 4 of the First Schedule;
(e) be placed so as not to cause interference or hazard to vehicular traffic, or cause any interference
or hazard to or impede pedestrians;
(f) be of a design which prevents any movement of the sign by the wind; and
(g) only be erected or maintained whilst the premises which the sign is referring to is open for
business.
(2) Where a portable sign is proposed to be located in a thoroughfare or public place, the owner of the
business to which the sign relates, through his insurance company, shall provide Council with written
evidence of indemnity arrangements made for public liability insurance in the joint names of the owner
and the Council in respect to the portable sign.
(3) Where indemnity is so provided as required in Sub Clause (2) such indemnity shall be to a limit of
not less than five million dollars, and is to be acceptable in all other respects to the insurance company
at the time acting for and on behalf of Council.
(4) The indemnity shall be in the first instance provided to Council at the time of application and in all
subsequent instances at the time of renewing of the licence for the portable sign and shall be continu-
ously maintained for the duration of approval and use of the sign.
5.15 Projection Signs
(1) No person shall install or operate a projection sign which can be seen from any thoroughfare, or
other public place, onto a building, screen or structure without a licence issued by the Council nor
without the consent of the owner of the building or structure.
(2) No licence shall be issued;
(a) unless the building, screen or structure onto which it is proposed to project such projection
sign(s) is specified in the application for such licence; and
(b) in respect of any such projection sign which when projected onto a building, screen or structure
exceeds the specifications stated in columns 2, 3, 4 and 6 of the First Schedule.
(c) Where it is proposed to project such projection signs onto a building, screen or structure in a
series, one licence may be issued in respect of all the projection signs in that series provided
that no projection sign other than that or those in respect of which a licence has been issued
shall be projected.
GOVERNMENT GAZETTE, WA [26 February 1998990
(d) Where a licence has been issued pursuant to this Local Law the projection sign in respect of
which it has been issued shall not be projected onto any building, screen or structure not speci-
fied in such licence.
(e) The owner or occupier of any building, screen or structure shall not permit any projection sign
to be projected onto the same unless a licence has been issued pursuant to this Local Law.
5.16 Pylon Signs
(1) A pylon sign shall—
(a) not have any part thereof above the level of the ground immediately below it less than that
stated in column 5 of the First Schedule;
(b) except with the approval of Council not exceed the area as stated in column 4 of the First
Schedule;
(c) not project in or over any thoroughfare a greater distance than as stated in column 7 of the
First Schedule;
(d) where required by the Council be certified by a practising structural engineer in respect to the
structural adequacy of the Advertising Device and supporting structures;
(e) subject to Sub Clause 2, not be nearer the side boundaries of the lot on which it is erected than
as stated in column 9 of the First Schedule; and
(f) not have any part thereof nearer any part of another Advertising Device erected on the same lot
than as stated in column 10 of the First Schedule.
(2) Where a lot on which a pylon sign is to be erected abuts on an intersecting thoroughfare, the
Council may authorise the erection of the Advertising Device at a lesser distance from the side bounda-
ries than that prescribed by paragraph (e) of Sub Clause 1 but not less than 50% of required setbacks.
5.17 Roof Signs
A roof sign shall—
(a) not extend beyond the external walls of the building;
(b) not exceed in height above the point of the roof to which it is fixed a greater distance than as
stated in column 2 of the First Schedule; and
(c) be certified by a practising structural engineer in respect to structural adequacy of the Adver-
tising Device and supporting structures.
5.18 Rural Producer Signs
A rural producer sign shall—
(a) not indicate or display any matter other than advertising the sale of produce grown on the land
on which the sign is erected;
(b) be erected within the boundaries of the rural holding on which the produce offered for sale was
grown;
(c) not exceed the area as stated in column 4 of the First Schedule; and
(d) not be of a height above the natural ground level than as stated in column 6 of the First Sched-
ule.
5.19 Sale Signs
(1) A person may erect a sale sign not exceeding the area as stated in column 4 of the First Schedule as
follows—
(a) in respect of an auction sale providing it is erected not more than 28 days before the date on
which the auction sale is to be held and that it is removed not later than 7 days after the sale;
(b) in respect of the sale of subdivisional land such sign is not permitted to remain for a period
exceeding 6 months; and
(c) advertising that flats and dwelling units in a building erected, or to be erected, on the land on
which the sale sign is situated, are or will be available for letting or for purchase, providing
that sale sign is not erected, or allowed to remain upon the land before the date of issue of the
building licence in respect of such building, or after 3 months following the completion of the
building.
(2) No sale sign or Advertising Device shall be allowed to remain on any premises or property longer
than 7 days after the purpose or event it advertised has occurred.
5.20 Sandwich Board Signs
(1) Where a sandwich board sign is proposed to be located in a thoroughfare or public place the owner
of the business to which the sign relates, through his insurance company, shall provide Council with
written evidence of indemnity arrangements made for public liability insurance in the joint names of the
owner and the Council in respect to the sandwich board sign.
(2) Where indemnity is so provided as required in Sub Clause (1) such indemnity shall be to a limit of
not less than five million dollars, and is to be acceptable in all other respects to the insurance company
at the time acting for and on behalf of Council.
(3) The indemnity shall be in the first instance provided to Council at the time of application and in all
subsequent instances at the time of renewing of the licence for the sandwich board sign and shall be
continuously maintained for the duration of approval and use of the sign.
(4) A sandwich board sign shall—
(a) not exceed the height as stated in column 2 of the First Schedule;
(b) not exceed the area on each side as stated in column 4 of the First Schedule;
GOVERNMENT GAZETTE, WA 99126 February 1998]
(c) relate only to the business activity of the advertiser; and
(d) contain the word “open”.
(5) A person shall not erect a sandwich board sign in any position other than immediately adjacent to
the building or business to which the sign relates.
(6) A person shall not erect more than one sandwich board sign in relation to the one building or
business.
(7) A person who erects a sandwich board sign shall remove it at the close of business each day and
shall not erect it again until the commencement of business on the following or subsequent day.
(8) A sandwich board sign shall be secured in position in accordance with requirements issued by the
(9) A sandwich board sign shall be so located so as not to be or form a hazard to, or, obstruct the
thoroughfare or access to any person using or wishing to use a footpath, thoroughfare or any other public
place or wishing to cross a thoroughfare.
5.21 Semaphore Sign
(1) A semaphore sign shall—
(a) be fixed at right angles to the wall to which it is attached;
(b) not project a greater distance than as stated in column 7 of the First Schedule from any point of
attachment nor be of a greater height at any point than as stated in column 2 of the First
Schedule; and
(c) be fixed over or adjacent to the entrance to a building.
(2) Not more than one semaphore sign shall be fixed over, or adjacent to any one entrance to a building
or business.
5.22 Sign Infills
(1) Notwithstanding the provisions of Clause 5.16, Council may permit the construction of a pylon
sign infill at a lesser height than as stated in column 5 of the First Schedule where the pylon sign is
located wholly within the lot boundaries and within a landscaped area.
(2) Where pylon signs are to be erected on a lot on which unit factories or small shops are erected or are
to be erected Council may require all the pylon signs to be incorporated into one pylon sign complying
with the following—
(a) initial approval is to be given to the pylon sign framework together with one or more sign
infills;
(b) an application is to be submitted and approval given for each additional infill;
(c) all infills to be of an equal size and space is to be provided for not more than one infill for each
shop or unit on the lot; and
(d) where Council requires pylon signs to be combined, the total area of the infill signs specified
may be increased to a maximum of 50% over that stated in column 4 of the First Schedule.
5.23 Tower Signs
A tower sign shall not, unless otherwise approved—
(a) exceed in height, one fifth of the height of the mast, tower or chimney stack on which it is
placed;
(b) extend laterally beyond any part of the mast, tower or chimney stack on which it is placed.
5.24 Verandah Signs
(1) Signs Above Verandahs:—A sign above a verandah may be erected above the fascia of a verandah,
if it does not exceed the height as stated in columns 2 and 6 of the First Schedule.
(2) Signs on Verandah Fascias:—A sign fixed to the outer or return fascia of a verandah:
(a) shall not exceed the height stated in column 2 of the First Schedule; and
(b) shall not project beyond the outer metal frame or surround of the fascia.
(3) Signs under Verandahs:—A sign under a verandah shall:
(a) not exceed the length or height as stated in columns 2 and 3 of the First Schedule;
(b) be fixed at right angles to the front wall of the building to which it is to be affixed except on a
corner of a building at a thoroughfare intersection where the sign may be placed at an angle
with the wall so as to be visible from both thoroughfares;
(c) not be within 2 metres of another Advertising Device under the verandah.
5.25 Vertical Sign
A vertical sign shall—
(a) not project out from a wall a greater distance than as stated in column 7 of the First Schedule;
(b) not project a greater distance than as stated in column 7 of the First Schedule above the top of
the wall to which it is attached, nor a greater distance stated in column 10 of the First Schedule
back from the face of the wall;
(c) not be located nearer another Advertising Device on the same building than as stated in col-
umn 11 of the First Schedule;
(d) where placed on a corner of a building at a thoroughfare intersection it may be placed at an
angle with the walls, so as to be visible from both thoroughfares; and
(e) where required by the Council, be certified by a practising structural engineer in respect to the
structural adequacy of the sign and supporting structures.
GOVERNMENT GAZETTE, WA [26 February 1998992
5.26 Wall Panels (Notice Boards)
(1) Wall panels shall comprise a framework surround with a lockable transparent cover behind which
separate notices may be pinned or affixed or painted with the approval of the property owner.
(2) Such wall panels shall comply with the specifications as set out in columns 2, 3, 4, 6 and 7 of the
First Schedule.
(3) An individual notice pinned, affixed or painted on the panel shall not be displayed for periods in
excess of 30 days duration without renewal.
5.27 Wall Sign
(1) A wall sign painted or affixed to a wall of a structure shall comply with the specifications as set out
in columns 2, 3, 4, 5, 6 and 7 of the First Schedule.