Advertising a vehicle (or any other article) for sale

There are a range of activities, as stipulated in the Local Government Act 1993 (the Act), that require approval from a local council.

Exposing a vehicle (or other article) for sale (or otherwise) in public roads is administered by Part E (2) and F (7) of Section 68 of the Act and an extract of the relevant parts is as follows:

Section 68 of the Act (What activities, generally, require the approval of the council?):

"(1) A person may carry out an activity specified in the following Table only with the prior approval of the council, …… "

Part E Public roads (Extract of Table Approvals)

"(2) Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road"

Part F Other activities

(7) Use a standing vehicle or any article for the purpose of selling any article in a public place

The Act defines the following;

"public road" as:

(a) a road which the public are entitled to use, and

"public place" as:

(a) a public reserve, public bathing reserve, public baths or public swimming pool, or
(b) a public road, public bridge, public wharf or public road-ferry, or
(c) a Crown reserve comprising land reserved for future public requirements, or
(d) public land or Crown land that is not:

(i) a Crown reserve (other than a Crown reserve that is a public place because of paragraph (a), (b) or (c)), or
(ii) a common, or
(iii) land subject to the Trustees of Schools of Arts Enabling Act 1902 , or
(iv) land that has been sold or leased or lawfully contracted to be sold or leased, or

(e) land that is declared by the regulations to be a public place for the purposes of this definition.

Council's authorised officers regulate this Section of the Act. A person who fails to obtain an approval or who carries out an activity not in accordance with an approval is guilty of an offence and may receive a penalty infringement notice.

Complete details of this legislation and others can be found on the NSW Government's legislation web site at www.legislation.nsw.gov.au.

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