Election signage information

Division 2 Advertising and Signage Exempt Development Code

Subdivision 1 General requirements for advertising and signage

2.83 General requirements

(1) To be exempt development under this code, development specified in this Division must—

(a) have the consent in writing of the owner of the land on which the sign is to be located and, if the sign or part of the sign projects over adjoining land, the consent of the owner of the adjoining land, and

(b) be approved under section 138 of the Roads Act 1993, if the sign or part of the sign projects over a public road, including a footway, and

(c) not be carried out on or in relation to a building being used as restricted premises, and

(d) not cover any mechanical ventilation inlets or outlets located on any building on which it is carried out, and

(e) not obstruct or interfere with any traffic sign, and

(f) not result in more than 3 business identification signs being constructed or installed in relation to a building if the building houses only one commercial tenant, and

(g) not result in more than 6 business identification signs being constructed or installed in relation to any building, and

(h) not result in more than one business identification sign being constructed or installed in relation to a home business, home industry or home occupation in a residential zone, and

(i) not be under or attached to an awning, unless the awning complies with the requirements set out in BP1.1 and BP1.2 of Volume 1 of the Building Code of Australia.

Subdivision 13 Election signs

2.106 Specified development

(1) The display of a sign that contains electoral matter in relation to an election held under the Commonwealth Electoral Act 1918 of the Commonwealth, the Electoral Act 2017 or the Local Government Act 1993 is development specified for the purposes of this code.

(2) In this clause—

electoral matter means—

(a) matter that is intended, calculated or likely to affect, or is capable of affecting, the result of an election or that is intended, calculated or likely to influence, or is capable of influencing, an elector in relation to the casting of the elector’s vote at an election, or

(b) the name of a candidate at an election, the name of the party of a candidate and a picture of a candidate, including a photograph of the candidate and a drawing or printed matter that purports to depict the candidate or to be a likeness or representation of the candidate.

sign includes a poster, banner, placard and other similar material.

2.107 Development standards

The standards specified for that development are that the development must—

(a) not be more than the following in area—

(i)  for a sign on land in a rural zone—3.75m2,

(ii) otherwise—0.8m2, and

(b) if on the site of a heritage item or draft heritage item—not be attached to a building, and

(c) be displayed by or on behalf of a candidate at an election referred to in clause 2.106 or the party (if any) of any such candidate, and

(d) be displayed in accordance with any relevant requirements of the Act under which the election is held, and

(e) be displayed only during the following periods—

(i) 8 weeks immediately preceding the day on which the election is held,

(ii) the day on which the election is held,

(iii) 1 week immediately following the day on which the election is held.

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.