 ADVERTISEMENTS (REGULATION) g S.L.356.03 1
SUBSIDIARY LEGISLATION 356.03
ADVERTISEMENTS (REGULATION) ORDER
10th December, 1993
LEGAL NOTICE 171 of 1993, as amended by Legal Notices 191 of 1999
and 9 of 2003.
Title .
Order.
Definitions.
requires -
Cap. 356.
"advertisement" means any word, letter, model, sign, placard,
board, notice, device or representation, whether illuminated or not,
in the nature of and employed wholly or in part for the purposes of
advertisement, announcement or direction, including any boarding
or similar structure used or adapted for use for the display of
advertisements;
"appropriate fee" means the fee to be paid for an application to
display an advertisement established under the Act;
"consent", in relation to the display of an advertisement, means a
consent granted by the Authority pursuant to this Order;
"enclosed land" means any land which is encircled on all sides
by a boundary wall, fence or marker as to provide or indicate an
enclosed area of land;
"illuminated advertisement" means an advertisement which is
designed or adapted to be illuminated by artificial lighting, whether
directly or by reflection;
"new advertisement" means any advertisement which has not
been displayed, whether wholly or in part, before the coming into
force of this Order;
"old advertisement" means an advertisement which is on display
on the date of the coming into force of this Order;
"shop" means premises for the retail sale or display of goods or
services, where the sale or display of goods or services is
principally to visiting members of the public.
(2) Any expression defined by the Act shall have, in this
Order, the same meaning as it has in the Act and, for the purposes
of this Order, a person shall be deemed to display an advertisement
if for the purposes of the Act such person is deemed to be acting in
that manner.
Consent for display 
of advertisements.
3. (1) No advertisement shall be displayed or be illuminated
without the consent of the Planning Authority, unless it is an
advertisement to which article 4 of this Order applies, being
advertisements which are exempted from the provisions of this
2 g S.L.356.03  ADVERTISEMENTS (REGULATION)
article.
(2) With respect to old advertisements, the foregoing
provisions of this article shall not apply unless the Planning
Authority has either -
( a ) served a notice on any person displaying an old
advertisement requiring such person to forward to the
Authority a copy of the permit, licence or other
authority authorising such display, within a period
specified in the notice, being a period of not less than
forteen days; or
( b ) published a notice in the Gazette requiring any person
displaying all or any forms of advertisement, or any
particular advertisement, or any such advertisements
in any area or areas as may be specified in the notice,
to forward to the Authority a copy of the permit,
licence or other authority authorising such display,
within such time as may be specified in the notice,
being a period of not less than two months;
and in any such case if any person to whom the notice applies
forwards to the Authority a copy of the permit, licence or other
authority authorising the display of the advertisement within the
period specified in the relevant notice, such permit, licence or other
authority shall thereafter and for all purposes be deemed to be a
consent given by the Authority pursuant to this Order; while any
other display of old advertisements shall be treated as being made
without the consent of the Authority.
Exempted 
advertisements.
Amended by:
L.N. 191 of 1999;
L.N. 9 of 2003.
4. (1) Subject to the provisions of this article, the following
advertisements or the display thereof shall be exempt from the
requirements of article 3 of this Order:
( a ) an advertisement which is displayed on enclosed land
and which is not visible from any place to which the
public has access;
( b ) an advertisement which is displayed on or in a vehicle
which is normally employed as a moving vehicle and
not for the display of advertisements;
( c ) a temporary advertisement, including sponsored
advertisements, promoting a public health or safety
campaign or relating to an event of a religious,
educational, cultural, political or social character, not
being an event of a commercial nature, provided it is
not illuminated and is displayed for not more than
twenty-eight days;
( d ) an advertisement which relates exclusively to a
general election or to a referendum or to an election
for local councils and which is displayed not earlier
than three months before and not later than one month
after the date on which such an election or referendum
is held;
( e ) an advertisement required by any law or ordered by a
competent court;
 ADVERTISEMENTS (REGULATION) g S.L.356.03 3
( f ) an advertisement for a national or town or village
feast, including sponsored advertisements, provided it
is displayed for not more than twenty-eight days;
( g ) a traffic sign;
( h ) a sign announcing the name of any city, town or
village displayed by a government or a local authority;
( i ) the national flag of any country;
( j ) an advertisement displayed on the fascia or facade of a
shop provided it is not illuminated, it is not more than
0.5 square metres in area, it is fitted flat against the
facade or fascia and is not a projecting sign, and there
are not more than two such advertisements per
property;
( k ) an advertisement displayed for the purpose of
identification, direction or warning with respect to the
land on which it is displayed and which is not
illuminated, does not exceed 0.5 square metres in area,
is not more than 3 metres above ground level and in
which no letter, character or symbol is more than 0.5
metres in height;
( l ) an advertisement relating to any person, firm or
partnership carrying on a profession, business or trade
at the premises where it is displayed which complies
with the requirements and measurements set out in
paragraph ( k ), and only if not more than one
advertisement is displayed per street frontage in
respect of the same person, firm or partnership;
( m ) an advertisement relating to an institution of a
religious, cultural, recreational, medical or similar
character, or to any hotel, bar or club, displayed at the
premises of such institution, hotel, bar or club and
which is not illuminated, does not exceed 0.5 square
metres in area or has any part of it more than 3 metres
above ground level and in which no letter, character or
symbol is more than 0.5 metres in height and only if
not more than one advertisement per premises is
displayed;
( n ) a temporary advertisement relating to a sporting
activity or other festive occasion, including sponsored
advertisements, provided it is displayed for not more
than twenty-eight days and is not illuminated;
( o ) an advertisement displayed inside a building;
( p ) an advertisement in the form of a flag displaying a
company logo or name on the roof of any commercial
building, provided not more than two flags are
displayed;
( q ) an advertisement approved as part of the Traffic Island
Embellishment Scheme, provided it complies with the
size limitations of the scheme of 1.2m by 27cm, and
not more than two advertisements are displayed per
4 g S.L.356.03  ADVERTISEMENTS (REGULATION)
traffic island;
( r ) a temporary advertisement of a commercial nature,
provided it is not illuminated, is displayed for not
more than twenty-eight days; provided it does not
exceed 20 square metres in area, and subject to
subarticle (3).
(2) Any advertisement referred to in subarticle (1) shall be such
and shall be displayed in such manner as not to constitute a hazard
either to traffic or to persons and shall not be fixed to any tree,
shrub or random rubble wall. No such advertisement may be fixed
to any pylon, pole, sign or other property belonging to any
government or parastatal body without the consent of that body. If
these conditions are not complied with, the Authority shall have
power to require, by notice served on the person displaying it or on
the owner of the land on which it is displayed, or both, the removal
of the advertisement or the carrying out of such works as the
Authority may deem necessary; and the person on whom notice is
served shall forthwith, or within the term stated in the notice,
comply with the contents of the notice:
Provided that where such an advertisement is displayed
without notification or continues to be displayed beyond the period
for which it may be lawfully displayed in accordance with this
article and the advertisement is affixed to any tree, shrub, rubble
wall, pylon, pole, sign or other property, the Authority may
immediately enter the land and remove the advertisement, where it
deems it expedient and necessary to do so in the interests of public
safety or amenity, in lieu of the service of the notice referred to
above.
(3) ( a ) Any advertisement referred to in subarticle (1)( r ) shall
be notified to the Authority, not less than forteen days
prior to the date on which it is proposed to display the
advertisement. The notification shall include:
(i) a letter containing the name and address of the
person proposing to display the advertisement;
the length of time for which it is intended to
display the advertisement and the nature or
purpose of the advertisement;
(ii) a site plan and a photograph of the site showing
the location of the advertisement; and
(iii) a drawing showing the dimensions of the
advertisement, the materials, and the form and
construction of any structure to be used to
support the advertisement.
S.L.365.05
( b ) The notification shall be accompanied by a fee which
shall be the development permit fee for advertisements
as provided for in paragraph 1(5)( d ) of the First
Schedule to the Building Levy Rates Regulations.
( c ) Such an advertisement shall only be an exempted
advertisement where the procedure in paragraph ( a )
has been complied with and the Authority has not,
within forteen days of the receipt of such a
 ADVERTISEMENTS (REGULATION) g S.L.356.03 5
notification, given notice in writing to the person
submitting the notification that either the above
mentioned procedure has not been complied with or
that the proposed siting of the advertisement is not
acceptable.
( d ) The Authority may determine, having regard to the
nature, size, or location of the advertisement, and in
the interests of public safety, that the advertisement
requires consent to be displayed in accordance with
article 6 of this Order.
Directions 
restricting 
permitted 
development.
5. If the Planning Authority is satisfied that it is necessary
that the forms of advertisement described in article 4 should not be
displayed unless consent is granted by the Authority on application,
it may give a direction that the exemptions granted by article 4
shall not apply to:
( a ) all or any forms of advertisement in an area specified
in the direction; or
( b ) any particular form of advertisement specified in the
direction.
Application for 
consent.
6. (1) Any person who wishes to display an advertisement for
which the Authority’s consent is required, shall apply to the
Authority for its consent to the display of that advertisement.
(2) Any such application shall be made on the Form B5
available from the Planning Authority, which shall be accompanied
by a certificate signed by the applicant that he is the owner of the
site on which the advertisement is to be displayed or has obtained
the approval of the owner thereof in writing. The application shall
also be accompanied by the applicable fee.
(3) The Authority shall, at the expense of the applicant, cause
the proposal contained in the application and the name of the
applicant to be advertised on site and in the local press.
(4) An application for consent, and the corresponding consent,
may relate to any one of the following:
( a ) the display of a non-illuminated advertisement;
( b ) the illumination of an existing advertisement which is
already lawfully displayed;
( c ) the display of an illuminated advertisement.
Grant of consent.
Amended by:
L.N. 191 of 1999.
7. (1) In determining an application for consent to display an
advertisement, the Authority shall have regard to any development
plan for the area, to representations made in response to the
publication of the proposal and to any other material consideration,
including aesthetic and public safety considerations.
(2) The Authority shall have power to grant or to refuse
consent, and in granting it may impose any conditions it may deem
appropriate; but the Authority shall give reasons for its refusal and
for any conditions imposed by it.
(3) No consent to display an advertisement shall be issued
6 g S.L.356.03  ADVERTISEMENTS (REGULATION)
unless and until the appropriate fee has been paid to and received
by the Authority.
(4) A consent may be granted for a limited period or in
perpetuity; but in all cases it shall cease to be operative if the
advertisement applied for is not on full display within twelve
months of the issue of the consent.
(5) Except as may be otherwise stated in the consent and for so
long as it is valid and operative, a consent to display an,
advertisement shall enure for the benefit of the land and for all
persons for the time being interested therein.
(6) Any advertisement, for which consent is granted in
accordance with this article, shall bear the Authority’s reference
number for that consent. Such reference number shall be -
( a ) affixed to or form an integral part of the
advertisement;
( b ) of such a form that it is permanently, clearly and
legibly displayed; and
( c ) visible from an area accessible to the public.
Withdrawal of 
consent and 
removal orders.
8. (1) Every consent granted pursuant to this Order, or
deemed to be so granted, shall be subject to review having regard to
any development plans and to other material considerations; and
the Authority, having regard as aforesaid, may at any time, by
notice served on any person displaying an advertisement, require an
advertisement to be removed from any land and the land to be
returned to the condition in which it was prior to the display of the
advertisement, indicating the time, being not less than one month,
within which such requirement shall be complied with.
(2) Where a notice under this article is given in respect of an
advertisement which is lawfully displayed and which has not been
so displayed for more than six months in the case of a consent
granted for a limited period or twelve months in any other case, the
Authority shall be liable to pay compensation for any losses
sustained as a result of the notice:
Provided that any benefits derived from the issue of the
same notice shall be offset against the losses aforesaid.
Application to 
advertisement of 
certain provisions 
of the Act.
Amended by:
L.N. 191 of 1999.
9. (1) The provisions of articles 35, 36, 37 and 38 of the Act
shall apply to a consent granted pursuant to this Order and
therefore any application as they apply to a development
permission granted under the Act and to an application for such
permission.
(2) The provisions of articles 51, 52, 53, 54, 55 and 58 of the
Act and anything which may be done thereunder shall apply and
may be done with respect to advertisements as they apply and may
be done with respect to other development:
Provided that in respect of advertisements, the application
of the said provisions shall be subject to the following
modifications:
( a ) a notice requiring the removal of an advertisement
 ADVERTISEMENTS (REGULATION) g S.L.356.03 7
within a period of not less than three days specified in
the notice, shall have effect on the expiration of the
said period;
( b ) neither an appeal from any such notice nor an
application for the consent of the Authority for the
display of the advertisement shall suspend the
operation of the said notice, and upon the expiry of the
period specified in the notice, the Authority may
forthwith enter on the land and remove the
advertisement, and article 55 of the Act shall apply
accordingly.
Consent not to 
exempt need of 
permit, etc.
Added by:
L.N. 191 of 1999.
10. Any consent or clearance given by the Planning Authority
under this Order, shall not exempt any person from the need to
apply and obtain any permit or clearance howsoever described as
may be required at law.
Service of notice 
on person 
displaying 
advertisement.
Added by:
L.N. 191 of 1999.
11. (1) In any of the circumstances specified in this Order in
which the Authority may serve a notice on the person displaying an
advertisement or on the owner of the land on which it is displayed,
the Authority may, where it deems it more expedient to do so, or
where it is not possible to discover the identity of the person
displaying the advertisement or of the land owner, serve the notice
on the company, organization or other body or person to which the
advertisement refers or which advertises any product, service or
event related to such company, organization, body or person either
directly or indirectly, and such company, organization or other
body or person shall take such action as required in the notice.
(2) Where the notice requires the removal of an advertisement,
and the advertisement is not removed by the expiration of the
period for its removal, the company, organization or other body or
person to which the advertisement refers shall be liable for payment
of the expenses incurred by the Authority in exercising its powers
vested by article 9(2) of this Order in removing the advertisement.
