Election signage
Election signage is governed under the Planning and Environment framework including the related Planning schemes, as well as the Electoral Act. While some rules apply consistently across all periods of time others change depending on whether it is inside or outside the “regulated period”.
The regulated period is from 5 August 2024 until 6pm on election day, Saturday 14 September 2024.
Council seeks to promote compliance through cooperation. Council’s general approach is to request that the property owner or candidate remove non-complying signs. Fines may be applied where the property owner or candidate does not cooperate or where multiple offences have occurred.
Rules in force at all times
Posters and signs on public property
A person must not display or cause to be displayed a poster on or within any premises under the control of any council.
Premises includes any structure, building, vehicle or vessel any place, whether built on or not, and any part of it. This includes roads, footpaths, parks as well as structures. North Sydney Council is given the authority from Ausgrid to enforce a prohibition of advertising on their poles. Telegraph poles therefore fall under the definition premises managed by council.
Election material displayed in violation of these requirements will be impounded by Council. Candidates can make arrangements for its collection. Council will retain impounded signage for a short period of time. Arrangements may be made to collect signage. Fines may be imposed for repeat offenders.
Advertisements on trailers
A person must not display an advertisement on a trailer or a road or road related area.
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.
Trailers displaying advertising not related to the function of the trailer (eg: tradespeople advertising themselves) may be subject to a penalty. A trailer parked on private property displaying an advertisement would need consent.
A-frames/Sandwich boards
Sandwich boards on public property are not permitted. Unattended sandwich boards will be impounded. Penalties and release fees may apply.
Variable Message Signs (VMS)
The primary purpose of VMS is to communicate information about traffic and road conditions. VMS must not be used for advertising (community or commercially based) within the classified road reserve. VMS advertisements are treated as development without consent and may attract penalties.
During the regulated period – 5 August 2024 until Saturday 14 September 2024
During the regulated period for a local government election, the NSW Electoral Commission regulates the display of posters in two general ways:
- whether it complies with requirements about its content, eg: that it includes the name and address of the person authorising the material, that it does not include incorrect or misleading information about voting, etc.
- whether it has been placed in or on certain places, eg: posters are not permitted on certain premises, or within 6 metres of venues at which people are voting, etc.
It is for North Sydney Council to enforce laws and regulations regarding the size and placement of election posters in the North Sydney local government area as ‘development’ under the Environmental Planning and Assessment Act 1979. The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 states election posters may also be ‘exempt development’ not requiring development approval.
During the regulated period election signage that meets the following criteria is exempt development:
- not be more than 0.8m2 in area (the size of a standard corflute), and
- displayed only during the following periods:
- 5 weeks immediately preceding the day on which the election is held
- the day on which the election is held
- 1 week immediately following the day on which the election is held.
The reference to 0.8m2 applies to the whole property so that is one 0.8m2 sign on any parcel of private land. Any more than this would require development approval.
Private Property
The exempt status granted under SEPP (Exempt and Complying Development Codes) 2008 applies to private property. Exemptions are also applied for external walls and within the grounds used for voting.
Read more about signage in the regulated period
Outside the regulated period
Outside the regulated period and without Development Consent all election signage needs to comply with Division 2 Advertising and Signage of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Private Property
Where an election sign is located on the lawn or window of a private residential property, and it is outside the regulated period, it will be considered unauthorised.
Election signs outside of the stipulated period, at a business premises are unauthorised unless it complies with will another exempt signage provision.
Registering election material
Electoral material that is to be distributed on election day must be registered with the NSW Electoral Commission.
The online system for registration of electoral material is now available. Registration of electoral material will close 5pm Friday, 6 September 2024.