sec.43Distraction of traffic on motorways

### sec.43 Distraction of traffic on motorways 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 motorway; and beyond the boundaries of the motorway; and reasonably likely to create a traffic hazard for the motorway. The chief executive may make guidelines to which local governments must have regard in deciding whether an approval of the chief executive under subsection (1) is required for particular motorways. An approval by the chief executive under subsection (1) 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 by the chief executive under subsection (1) 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— a local government applies for an approval under subsection (1) ; and the chief executive does not respond to the application within 21 days after receiving the application; the chief executive is taken to have given approval at the end of the 21 days. In this section— motorway includes a road or land that the chief executive has notified the local government in writing is intended to become a motorway. The chief executive must cause a copy of each notice under subsection (9) to be published in the gazette. (sec.43-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 motorway; and beyond the boundaries of the motorway; and reasonably likely to create a traffic hazard for the motorway. (sec.43-ssec.2) The chief executive may make guidelines to which local governments must have regard in deciding whether an approval of the chief executive under subsection (1) is required for particular motorways. (sec.43-ssec.3) An approval by the chief executive under subsection (1) may be subject to conditions. (sec.43-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.43-ssec.5) The permission criteria may include conditions. (sec.43-ssec.6) A local government must comply with conditions that apply to it under this section. (sec.43-ssec.7) An approval by the chief executive under subsection (1) 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.43-ssec.8) If— a local government applies for an approval under subsection (1) ; and the chief executive does not respond to the application within 21 days after receiving the application; the chief executive is taken to have given approval at the end of the 21 days. (sec.43-ssec.9) In this section— motorway includes a road or land that the chief executive has notified the local government in writing is intended to become a motorway. (sec.43-ssec.10) The chief executive must cause a copy of each notice under subsection (9) to be published in the gazette. - (a) visible from a motorway; and - (b) beyond the boundaries of the motorway; and - (c) reasonably likely to create a traffic hazard for the motorway. - (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. - (a) a local government applies for an approval under subsection (1) ; and - (b) the chief executive does not respond to the application within 21 days after receiving the application;