Three councils have been accused of targeting Kate Dezarnaulds’ (pictured with volunteers) campaign. Photo: Supplied.
Kiama Municipal, Shoalhaven City and Eurobodalla councils have been accused of targeting Gilmore independent candidate Kate Dezarnaulds’ federal election campaign by allegedly removing her signs unlawfully.
Rangers have been seen on weekends and public holidays removing Ms Dezarnaulds’ election signage on public land such as nature strips.
Campaign director Will Davies felt council resources were being used to “support political agendas”.
“It reeks of established players [saying] this is something we should squash,” he said.
“It’s a stupid game and it’s taking up huge amounts of rangers’ time.”
Mr Davies questioned why the councils needed to be removing political signage with “urgent repetitiveness” outside of business hours.
“From a personal perspective, it gives me a really irky feeling about … what goes on in councils and the politicisation of resources,” he said.
“We’re paying rates and we want to know if they’re being used for the right purposes.”
In an email to the three councils on 22 April, seen by Region, Ms Dezarnaulds’ campaign advised it had been forwarded legal advice prepared for another independent in a different jurisdiction allegedly facing “the same issue”.
The advice examined the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP), the piece of legislation being cited for these arguments.
The email stated the councils had “no lawful basis” to apply a blanket ban on election signage across all public land, and that when council did own land it had to consider requests for signage individually.
“Any action by council that disproportionately burdens the implied freedom of political communication during an election period risks being unlawful,” it stated.
Mr Davies accused the councils of overreaching.
“These councils are saying we still need landowner approval [to erect signs] on public land … [but the legal advice] says basically the councils are not the owners of the land for the purpose of the SEPP; it’s not their [area] to prosecute.”
Two of the councils have hit back, both stating they hadn’t received any formal applications asking for their consent to erect signs on public land in the first place.
Kiama Municipal Council (KMC) provided the response of director of planning, environment and communities Ed Paterson to Ms Dezarnaulds’ campaign’s email.
He wrote it was KMC’s current policy not to provide written consent for “any electoral signage on public land/assets”.
“As there is no meeting of council scheduled to occur until 20 May 2025, no policy change will be considered nor occur by KMC between now and the federal election being held,” Mr Paterson wrote.
“Your office has had multiple opportunities to understand and adhere to the rules and policy of KMC. Yet, your office continues to blatantly ignore the advice and policy position of KMC, continually installing illegal signage on public lands.”
The campaign was accused of erecting a campaign sign over a speed sign, and was warned it risked being fined up to $6000 per sign under the NSW Environmental Planning and Assessment Act 1979.
“The maximum fine will be applied on all occasions,” Mr Paterson wrote.
A Shoalhaven City Council spokesperson confirmed several of Ms Dezarnaulds’ signs had been removed from public property, but only following complaints from “members of the public”.
“Council has only seized signs observed breaching the legislation, or signs that are not complying with the exempt criteria set out in the [SEPP],” the spokesperson said.
“Council is applying a consistent approach in exercising the rules for the placement of election signage as outlined in the legislation.
“Council is currently reviewing legal correspondence it has received in relation to the erection of electoral signage on public land.”
The spokesperson stated rangers worked seven days a week to respond to “all types of community concerns” such as parking safety, animal management, illegal camping and illegal signage.
A Eurobodalla Council spokesperson confirmed rangers had sent compliance warnings to Ms Dezarnaulds’ team regarding signage on public property, and that rangers subsequently removed several of these signs.
However newer signs have been allowed to stay.
Mr Davies labelled the claims that no formal applications had been received by Kiama Municipal or Shoalhaven City councils as “very disingenuous”.
“We asked if we could put up signs and they said no, just a blanket no,” he said.
“As per the barrister’s advice, [those places] aren’t council’s jurisdiction; we can’t ask for council permission because council’s not the owner.”
All three councils had sent signage guides to federal political candidates.
The SEPP falls under the NSW Department of Planning, Housing and Infrastructure.
A spokesperson stated election signage needed to meet certain standards to qualify as an “exempt development” under the code.
“The interpretation and enforcement of compliance with the [SEPP] is a matter for the relevant council to address as the local compliance authority,” the spokesperson said.
“Election signage that cannot meet these criteria in the Codes SEPP will require consent through a development application.”
Ms Dezarnaulds’ team is considering whether it will take further action in relation to this matter after the election.
