45. Control of certain advertisements visible from roads
(1) Subject to section forty-six, no person shall display or place an advertisement which is visible from a road without the permission in writing of a road authority.
[Subsection amended by section 69 of Act 6 of 2001.]
(2) A road authority may grant, refuse, alter or revoke the permission referred to in subsection (1) and, if he grants such permission, he shall set out therein:
(a) the period during which, the manner, place and circumstances in which and the conditions under which the advertisement concerned may be displayed or placed; and
(b) the specifications to which the advertisement concerned shall conform.
[Subsection amended by section 69 of Act 6 of 2001.]
(3) If an advertisement referred to in subsection (1):
(a) is displayed or placed otherwise than in accordance with; or
(b) does not conform to the specifications set out in;
the permission referred to in that subsection, a road authority may cause the person displaying or placing such advertisement to be directed by notice in writing:
(i) to remove such advertisement; or
(ii) to effect such alterations in the nature of such advertisement or in the manner, place or circumstances in which such advertisement is displayed or placed as may be stipulated in such notice;
within the period stipulated in such notice.
(4) If a person referred to in subsection (3) fails within the period stipulated in the notice referred to in that subsection to comply with the directions given in such notice:
(a) he shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment; and
[Paragraph amended by section 4 of Act 22 of 2001.]
(b) a road authority may:
(i) cause the advertisement to which such notice relates to be removed; and
(ii) recover by action in a court of competent jurisdiction from such person the expense incurred by reason of the removal referred to in subparagraph (i).
[Paragraph amended by section 69 of Act 6 of 2001.]
46. Application of section 45
(1) Section forty-five shall not apply to the display of an advertisement:
(a) on a vehicle which is being used on a road if it is proved that such display is not the main purpose for which such vehicle is being so used; or
(b) in the urban area under the jurisdiction of a municipal council; or
(c) which is visible from any road other than a State road within the urban area under the jurisdiction of a local authority other than a municipal council; or
(d) which is visible from such portion of such State road as may be prescribed; or
(e) on a building, which advertisement merely discloses the name of any business or undertaking carried on in the building; or
(f) within one hundred metres of a building referred to in paragraph (e), which advertisement merely discloses the name of the business or undertaking concerned and is placed off the road concerned and on the same side thereof as such building; or
(g) off the road concerned, if the advertisement:
(i) relates solely to:
A. a form of recreation which is or will be available on; or
B. an entertainment, meeting or sale which is being or will be held on; or
C. the lease or sale of;
the land on which such advertisement is displayed; or
(ii) is placed at the entrance to a property and merely indicates:
A. the name of the property; or
B. that a particular path or road traversing the property is a private path or road or leads to a particular place; or
C. that a particular act is permitted or prohibited on the property;
and such advertisement complies with such conditions as may be prescribed; or
(h) of a prescribed class if such advertisement conforms to prescribed specifications and is displayed in accordance with prescribed conditions.
(2) Notwithstanding anything contained in subsection (1), if a business or undertaking is carried on a site and not in a building, the entrance to the land on which the site is located shall be deemed to be a building for the purposes of paragraphs (e) and (f) of subsection (1).
47. Minister may delegate powers
(1) The Minister may:
(a) in respect of roads in the area for which a rural district council is a local authority for the purposes of this Act, delegate in writing to the rural district council the powers conferred on the Minister by section forty-five; and
(b) lay down such conditions as he thinks fit relating to the exercise of any powers delegated by him in terms of this subsection.
(2) The Minister may at any time cancel or amend in writing a delegation made by him in terms of subsection (1).