In response to the plethora of election posters that are appearing on roadside trees in the region the Eurobodalla council advise that they "will be writing to all candidates early next week advising that placement of any posters, advertising or displaying a political slogan cannot be placed on Council premises, public areas or facilities, e.g., sporting club buildings, telephone/power poles, trees, street signs, footpaths, parks and nature/medium strips." Council then say they "will monitor the placement of election material and its impact on amenity, pedestrian access, and safety." During the last State election and the September 2021 Local Government election Council rangers did contact candidates and request that illegally placed posters be removed. To Make it easier for the Council to monitor and act why not upload the SNAP,SEND SOLVE App to your phone. Then you can snap the offending sign, give a location and send it off to be actioned. Easy Peasey. You might like to do the same with potholes, long grass on reserves, vandalised or unclean toilets and anything else that you think Council should know about. The Election Act (section 184) requires that advertising material, including signs and posters, cannot be displayed on or within land or buildings occupied, used by, or under the control or management of the Crown, NSW Government agencies, or a Council. ELECTORAL ACT 2017 - SECT 184
Display of posters
(1) A person must not, during the regulated period, publicly display or permit or cause to be publicly displayed, a poster containing or consisting of electoral material that contravenes Subdivision 2.: Maximum penalty--(a) in the case of a corporation--100 penalty units, or (b) in any other case--20 penalty units or imprisonment for 6 months, or both.
(2) A person must not, during the regulated period, display or permit or cause to be displayed a poster--(a) on or within any premises occupied or used by, or under the control or management of--(i) the Crown or a NSW Government agency, or (ii) any council or county council, or (b) on or within any other premises, unless the person--(i) was the owner or a joint owner of the premises, or (ii) performed the act concerned with the permission in writing of the owner or a joint owner of the premises. : Maximum penalty--(a) in the case of a corporation--12.5 penalty units, or (b) in any other case--2.5 penalty units.
(3) Subsection (2) (a) does not apply in relation to a poster--(a) on the outer wall, fence or other boundary of the grounds of an enclosure in which a building used for voting is situated, or (b) within the grounds of an enclosure in which a building used for voting is situated, or (c) on a vehicle on a road or road related area (within the meaning of section 4 (1) of the Road Transport Act 2013 ), or (d) fixed or attached to a table or stall on a footpath or other public place at any time on the day of voting for an election.
Note : The display of election posters also constitutes development for the purposes of the Environmental Planning and Assessment Act 1979 . Subdivision 13 (Election signs) of Division 2 of Part 2 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the display of election posters is exempt development, subject to conditions, during the period commencing 5 weeks before and ending 1 week after the election day concerned.
