HUON VALLEY COUNCIL REQUIREMENTS
In accordance with Council By-laws in the Huon Valley Municipal Area the following conditions apply to the electoral signs in any part of the municipal area.
- Placement of electoral signs on a Council maintained road (which includes footpaths, nature strips and road reservation of that road) is prohibited (Clause 12(2) – Roads (Local Highways) By-law 2014). An infringement notice may be issued for a fine of 1 PENALTY UNIT
- Placement of electoral signs on Council owned or controlled land is prohibited (Clause 39(1) – Council Land and Recreational Facilities By-law 2017). An infringement notice may be issued for a fine of 1 PENALTY UNIT
- Distribution of handbills or pamphlets on Council owned or controlled land, whether associated with an election or not, is prohibited without obtaining a permit from (Clause 39(2) – Council Land and Recreational Facilities By-law 2017. An infringement notice may be issued for a fine of 1 PENALTY UNIT
Electoral signs placed on Council land or roads may be removed by Council’s authorised officers without notice to the candidate.
See the following clauses as relevant to each By-law:
- Clauses 41, 42 and 43 of the Roads (Local Highways) By-law 2014
- Clauses 65, 66 and 67 of the Council Land and Recreational Facilities By-law 2017
In relation to the powers and responsibilities in removing electoral signs.
Signs will only be returned on payment of Council’s costs of removal and storage of the signs as provided within the By-law and fees and charges set by the Council.
Planning Scheme Provisions
Election signs are regulated under the Huon Valley Interim Planning Scheme 2015.
In summary an election sign is exempt from requiring a planning permit provided that all of the following apply:
- The sign is only allowed to be displayed from the date of the Notice of Election until 7 days after closing of the polls. Any sign placed prior to that time without a planning permit is in contravention of the Scheme.
- The historic building fabric is not damaged by the drilling of holes into stone, brick or wood and all fittings are fixed using non corrosive fittings, and in the case of masonry buildings, inserted into mortar joints.
- The following standards are complied with:
The election signage:
- Has an area of face no more than 1m2.
- Is displayed only between the issuing of a writ for an election and 7 days after the election.
- Does not encroach on any road or other public reservation.
- To ensure that the use of signs complements or enhances the built or natural environment in which they are located a sign must not contain flashing lights, moving parts or moving or changing messages or graphics and an illuminated sign must not be located within 30 metres of a residential use
- Election signs are not permitted in Utilities Zoned land which includes state roads
Electoral signs that exceed the above requirements will require planning approval to be issued by the Council.
An infringement notice may be issued for a fine of 15 PENALTY UNITS in respect of an individual and 75 PENALTY UNITS in respect of a corporation.
Council may also give notice to the person who has placed an electoral sign, or to the owner of the land on which the sign is placed, in breach of a Planning Scheme provision requiring removal of the sign or Council may take all action necessary to remove the sign and recover the costs of doing so from the person or the owner. See section 48 of the Land Use Planning and Approvals Act 1993.