Advertising on Roads and Ribbon Development Act, 1940 (Act No. 21 of 1940)2. Prohibition of certain advertisements visible from public roads |
| (1) | Subject to the provisions of subsections (4) and (5) of this section and of section six, no person shall display an advertisement which is visible from a public road, unless it is displayed in accordance with the written permission of the controlling authority concerned: Provided that any person may without the permission of a controlling authority (but subject to the provisions of subsection (2) of this section and of subsection (1) of section four)— |
| (a) | display, on a building such an advertisement which discloses merely the name or nature of any business or undertaking carried on therein or the name of the proprietor or manager of that business or undertaking or any information which relates solely to that business or undertaking or to any article or service supplied in connection with that business or undertaking or in connection with any other business or undertaking of that proprietor; or |
[Section 2(1)(a) substituted by section 2(a) of Act No. 16 of 1962]
| (b) | [Section 2(1)(b) deleted by section 2(b) of Act No. 16 of 1962] |
| (c) | display, outside a public road, such an advertisement which merely indicates the name of the farm or that a particular road or path is a private or farm road or a path or is intended for a particular class of traffic or leads to a particular place or that a particular act is prohibited or permitted; or |
| (d) | display, on or at a gate, such an advertisement which conveys merely the name of a property or locality to which the gate gives access, or a warning, or a request or direction to close the gate. |
| (2) | When the Minister has made a regulation under paragraph (b) of subsection (1) of section fourteen which relates to an advertisement mentioned in any paragraph of the proviso to subsection (1) of this section, no person shall display in terms of that paragraph any advertisement mentioned therein unless the advertisement is displayed in accordance with the requirements of that regulation, but subject, to the provisions of subsections (4) and (5) of this section and of section six. |
| (3) | The Minister may, by proclamation in the Provincial Gazette, define any class of advertisement not mentioned in the proviso to subsection (1), which may be displayed without the permission of a controlling authority, if it is displayed in a form or manner or at a place or in circumstances or on conditions defined in the proclamation, and thereupon any such advertisement shall, for the purposes of this Act, be deemed to be an advertisement mentioned in the said proviso. |
[Section 2(3) substituted by Proclamation 23, Schedule - Item 2, in Government Gazette 16340 dated 31 March 1995]
| (4) | The preceding provisions of this section shall not apply in connection with an advertisement which is being displayed at the commencement of this Act, or an advertisement which is being displayed lawfully at the commencement of the Advertising on Roads and Ribbon Development Amendment Act, 1962, for so long as it remains continuously displayed in the same place, unless the controlling authority concerned has, in terms of section four, directed that it be removed or altered. |
[Section 2(4) substituted by section 2(c) of Act No. 16 of 1962]
| (5) | [Section 2(5) deleted by section 2(d) of Act No. 16 of 1962] |