sec.309Distraction of traffic on busway

### sec.309 Distraction of traffic on busway A local government must obtain the chief executive’s written approval if it intends to approve the erection, alteration or operation of an advertising sign or other advertising device that would be— visible from a busway; and reasonably likely to create a traffic hazard for the busway. For subsection (1) , the chief executive may make guidelines to which local governments must have regard in deciding whether the chief executive’s approval is required for a particular busway. An approval may be subject to conditions. Subsection (1) does not apply if the conditions applied by the local government to the erection, alteration or operation of the sign or device comply with permission criteria fixed by the chief executive. The permission criteria may include conditions. A local government must comply with conditions that apply to it under this section. An approval must be given— within 21 days after receiving the application for approval; or within a longer period notified to the local government by the chief executive within the 21 day period. If the chief executive does not respond to a local government’s application within 21 days after receiving it, the chief executive is taken to have given approval at the end of the 21 days. The chief executive must publish a copy of each notice mentioned in subsection (10) in the gazette. In this section— busway includes land that the chief executive has notified the local government in writing is intended to become a busway. s 309 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (3) ) (sec.309-ssec.1) A local government must obtain the chief executive’s written approval if it intends to approve the erection, alteration or operation of an advertising sign or other advertising device that would be— visible from a busway; and reasonably likely to create a traffic hazard for the busway. (sec.309-ssec.2) For subsection (1) , the chief executive may make guidelines to which local governments must have regard in deciding whether the chief executive’s approval is required for a particular busway. (sec.309-ssec.3) An approval may be subject to conditions. (sec.309-ssec.4) Subsection (1) does not apply if the conditions applied by the local government to the erection, alteration or operation of the sign or device comply with permission criteria fixed by the chief executive. (sec.309-ssec.5) The permission criteria may include conditions. (sec.309-ssec.6) A local government must comply with conditions that apply to it under this section. (sec.309-ssec.7) An approval must be given— within 21 days after receiving the application for approval; or within a longer period notified to the local government by the chief executive within the 21 day period. (sec.309-ssec.8) If the chief executive does not respond to a local government’s application within 21 days after receiving it, the chief executive is taken to have given approval at the end of the 21 days. (sec.309-ssec.9) The chief executive must publish a copy of each notice mentioned in subsection (10) in the gazette. (sec.309-ssec.10) In this section— busway includes land that the chief executive has notified the local government in writing is intended to become a busway. - (a) visible from a busway; and - (b) reasonably likely to create a traffic hazard for the busway. - (a) within 21 days after receiving the application for approval; or - (b) within a longer period notified to the local government by the chief executive within the 21 day period.