A Kiama Municipal Councillor has warned that residents who publicly display ‘Yes’ campaign signs ahead of this year’s Voice to Parliament referendum could be breaching State Environmental Planning Policy (SEPP) and risk potential fines.
Councillor Mark Croxford’s concern follows what he says is an increasing number of ‘Yes’ signs across the Kiama Municipal area, which are “blatantly violating the provisions of the NSW SEPP”.
“The SEPP, detailed in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Subdivision 13 Election signs, clearly designates the display of signs containing electoral matter, such as those related to referendums, as specified development under this code,” said Cr Croxford.
“Clause 2.106(1) of the SEPP specifies the inclusion of such election signs, while Clause 2.107 outlines the standards that must be met, including size restrictions, heritage item attachment guidelines, and regulated periods for display.”
He says these timeframes strictly limit the display of campaign signage to:
- 8 weeks immediately preceding the day of the election;
- The election day;
- 1 week immediately following the election day.
“As there is no fixed date for a Federal referendum, the current appearance of YES campaign signs throughout the State of NSW constitutes an illegal act that requires immediate removal to comply with legislation and avoid potential fines,” said Cr Croxford.
“I call on all law-abiding citizens to report the illegal display of YES campaign signs to Council so they can be promptly removed and uphold the law.”
Councillor Croxford has called on the Kiama Municipal Council to take stringent action in enforcing the State Environmental Planning Policy.
He says enforcement actions may include various penalties for breaching planning regulations, such as:
- Warnings: Initially, individuals may receive warnings, particularly for minor or unintentional breaches.
- Fines: Individuals or entities found in violation of planning regulations may face fines, with amounts varying based on the nature and extent of the breach.
- Compliance Orders: Local councils possess the authority to issue compliance orders, directing individuals to rectify the breach within a specified timeframe. Non-compliance could lead to further penalties or legal actions.
- Prosecution: In severe cases or for repeat offenders, legal action may be pursued, possibly leading to court proceedings and more substantial fines and legal consequences if found guilty.
The responsibility for enforcing the provisions of the NSW State Environmental Planning Policy (SEPP) lies with the relevant local councils or planning authorities within New South Wales. Each local council is responsible for implementing and enforcing the SEPP within their respective areas, Cr Croxford said in a statement.
“Local councils have the authority and jurisdiction to ensure that development and planning activities align with the regulations set forth in the State Environmental Planning Policy. They are tasked with monitoring and assessing compliance, issuing permits, conducting inspections, and taking enforcement actions when necessary to uphold the policy’s guidelines.”
“Additionally, the NSW Department of Planning, and Environment plays a role in overseeing and providing guidance on planning policies, including the SEPP, at a state level. They work in conjunction with local councils to ensure consistent and effective implementation of planning regulations throughout the state,” he said.
The rules, he said, apply equally to any ‘No’ signs that may appear in the municipality.
Earlier this month, Kiama Municipal Council voted to support the Voice to Parliament ‘Yes’ vote, with councillors voting eight to one.
Councillors in favour of support the YES vote were: Matt Brown, Imogen Draisma, Jodi Keast, Stuart Larkins, Neil Reilly, Karen Renkema-Lang, Kathy Rice and Warren Steel.
Councillor Croxford was the solitary vote against the proposal.
Council is waiving hall costs and fees for information sessions held by community groups and individuals related to the upcoming referendum.
A Kiama Region for Yes Facebook page was created in support of the local YES movement. The page currently has just 72 followers.