For generations in Australia, election signs (known as corflutes) have gone up in public places in the lead-up to elections - and they’re going up across the state right now.
There’s a long-standing legal exemption under NSW planning rules that allows political signage to be displayed in public spaces during election campaigns. These signs are permitted from eight weeks before polling day, or once the election is officially called - whichever comes first.
This is because election signs are classified as “exempt development” under the NSW State Environmental Planning Policy (SEPP). That means, as long as they meet the legal requirements - such as size limits, safety standards, and timely removal after the election - they do not require council approval.
So Why Are Some Being Taken Down?
From Saturday 22 March, we placed signs in public locations around Kiama, Nowra and Berry - on fences, poles and spaces commonly used for community notices like local sport and event banners. These are the same types of spaces used by many candidates over many elections.
Since then, some of our signs have been removed, while others - including nearby community signage - have remained. Similar removals and inconsistent enforcement have occurred across all three LGAs that make up the electorate of Gilmore - Eurobodalla, Kiama, and Shoalhaven - with variable approaches from council to council.
We’re not alone in this. Other Community Independent campaigns across NSW have faced similar issues - and have sought legal clarification to ensure compliance.
What Does the Legal Advice Say?
Formal legal advice obtained by multiple Community Independent campaigns confirms the following:
- Councils have no legal basis to enforce a blanket ban on election signage across all public land.
- They may only intervene where they are the legal owner of the land, and even then, they must consider the constitutional freedom of political communication.
- Public poles, nature strips, and footpaths are typically owned by the State (the Crown) - not the council - meaning councils cannot unilaterally restrict signage in those areas.
- Removing election signs from public land without legal authority could constitute overreach and undermine democratic engagement.
Our team has acted consistently with this advice, ensuring our signs comply with all relevant planning codes and electoral law, including commitments to safety and prompt removal post-election.
Why We’re Putting Up Signs
Like many candidates before us, we’re using signs to help let people know who we are, what we stand for, and how to get involved. They’re just one small part of our broader campaign to listen to locals and act on the big issues - from housing and health to disaster recovery and the rising cost of living.
We’re committed to respectful, lawful engagement with our community. But we also believe in fairness, transparency, and the right to communicate freely during this important election period.