Australian Capital Territory Consolidated Acts

LITTER ACT 2004 - SECT 24A

    (1)     This section applies if an authorised person or police officer believes on reasonable grounds that—

        (a)     litter in a public place has been deposited by anyone (the litterer ) in contravention of this Act; and

        (b)     either or both of the following applies:

              (i)     prompt removal or disposal of the litter is necessary because it could cause injury to a person or animal or damage to property;

              (ii)     the size, shape, nature or volume of the litter means that prompt removal or disposal is in the public interest.

Examples

1     A large volume of litter is dumped next to a main road. Prompt removal is in the public interest because the litter smells and is unsightly.

2     Access to a walking trail in a nature reserve is blocked by an old spa bath that has been dumped in the reserve. Prompt removal is in the public interest to restore access to the trail.

3     A large public building is being extensively renovated. The Territory gives permission for the builder to establish a temporary depot on adjacent public land for rubbish from the building site to be deposited. The depot is fenced. When the renovations are finished, the rubbish is removed and the fence taken down. However, someone dumps rubbish at the site, and soon others also dump rubbish there. Prompt removal is in the public interest because it discourages the dumping of rubbish at the site.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     The chief executive may arrange for a person to do either or both of the following:

        (a)     remove or dispose of the litter from the public place;

        (b)     restore the public place affected by the litter to a state as close as practicable to the state it was in immediately before the litter was deposited.

    (3)     To remove any doubt, if this section applies, notice need not be given to the litterer under section 21 (Notice to remove etc litter).