State Environmental Planning Policy No 64—Advertising and Signage (Amendment No 3) (2017-665) LW 29 November 2017 (NSW)

New South Wales

State Environmental Planning Policy No 64—

Advertising and Signage (Amendment No 3)

under the

Environmental Planning and Assessment Act 1979

His Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.

ANTHONY ROBERTS, MP

Minister for Planning

State Environmental Planning Policy No 64—Advertising and

Signage (Amendment No 3)

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy No 64—Advertising and Signage

(Amendment No 3).

2      Commencement

(1)

This Policy commences on the day on which it is published on the NSW legislation

website, except as provided by subclause (2).

(2)

Schedule 1 [4] and [7] commence 3 months after the day on which this Policy is

published on the NSW legislation website.

3      Repeal of Policy

(1)

This Policy is repealed on the day following the day on which Schedule 1 [4] and [7]

to this Policy commence.

(2)

The repeal of this Policy does not, because of the operation of sections 5 (6) and 30

of the Interpretation Act 1987, affect any amendment made by this Policy.

Schedule 1

Amendment of State Environmental Planning

Policy No 64—Advertising and Signage

[1]      Clause 4 Definitions

Omit the definitions of building identification sign, business identification sign,

Guidelines and RTA from clause 4 (1).

Insert in alphabetical order:

building identification sign has the same meaning as in the Standard

Instrument.

business identification sign has the same meaning as in the Standard

Instrument.

Guidelines means the provisions of the publication titled Transport Corridor Outdoor Advertising and Signage Guidelines approved by the Minister for the

purposes of this Policy and published in the Gazette on the date on which State

Environmental Planning Policy No 64—Advertising and Signage (Amendment

No 3) is published on the NSW legislation website.

RMS means Roads and Maritime Services constituted under the Transport

Administration Act 1988.

Standard Instrument means the standard instrument set out in the Standard

Instrument (Local Environmental Plans) Order 2006.

[2]      Clauses 4 (1) (paragraph (c) of definition of “transport corridor land”), 12 (d), 16 (1) (b), 17 (3) (c), 18 (2)–(4) and 33 (1)

Omit “the RTA” wherever occurring. Insert instead “RMS”.

[3]      Clause 6 Signage to which this Policy applies

Omit clause 6 (1) (except the note). Insert instead:

(1)

This Policy applies to all signage that:

(a)	can be displayed with or without development consent under another environmental planning instrument that applies to the signage, and
(b)	is visible from any public place or public reserve,

except as provided by this Policy.

[4]      Clause 9 Advertisements to which this Part applies

Insert at the end of the clause:

(2)

Despite subclause (1) (d), clause 27A applies to signage on a trailer (within the

meaning of the Road Transport Act 2013).

[5]      Clause 12 Consent authority

Omit “the Maritime Authority of NSW” from clause 12 (b). Insert instead “RMS”.

[6]      Clause 16 Transport corridor land

Omit clause 16 (4). Insert instead:

(4) This clause does not apply to the display of an advertisement if the Minister determines that display of the advertisement is not compatible with surrounding land use, taking into consideration any relevant provisions of the Guidelines.

[7]      Clause 27A

Insert after clause 27:

27A

Advertisements on trailers parked on (or visible from) roads or road related

areas

(1)

A person must not display an advertisement on a trailer parked on a road or

road related area.

(2)

A person must not display an advertisement on a trailer parked on land other than a road or road related area, but visible from a road or road related area, except with the consent of the consent authority.

(3)

Subclauses (1) and (2) do not apply to:

(a)	an advertisement that is ancillary to the dominant purpose of the trailer, or
(b)	an advertisement on a trailer parked by or on behalf of a public authority in the exercise of its functions.

(4)

In this clause, road, road related area and trailer have the same meanings as

in the Road Transport Act 2013.

[8]      Clause 31 Consultation with RMS

Omit “the Roads and Traffic Authority”. Insert instead “RMS”.