PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 145
Littering generally
PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 145
Littering generally
145 Littering generally
(1) Offence of littering A person who deposits litter in or on a public place
or an open private place is guilty of an offence.
: Maximum penalty--
(a) for
a corporation--$10,000, or
(b) for an individual--$5,000.
(2) Application of
this section This section applies whether the place is in or on land or is in
or on waters, but (without limiting subsection (5) (b)) does not apply to a
place or class of places prescribed by the regulations as being excluded from
this section.
(3) Exceptions: public places Subsection (1) does not apply to
a person who deposited the litter in or on a public place, if the person--
(a)
deposited the litter in or on the place--
(i) in a receptacle provided by the
custodian of the place for the depositing of litter, and
(ii) in accordance
with any conditions specified by the custodian, by means of a notice displayed
on or in the vicinity of the receptacle, in relation to the depositing of
litter in the receptacle, or
(b) placed a receptacle containing the litter in
the place for the purpose of the litter being removed in the course of a
litter removal service provided by the custodian of the place, or
(c)
deposited the litter in the place--
(i) in response to an invitation contained
in a notice published by the custodian of the place, and
(ii) in accordance
with any conditions specified in the notice in relation to the depositing of
litter in that place, or
(d) deposited the litter in the place with the
express consent of the custodian of the place.
(4) Exceptions: open private
places Subsection (1) does not apply to a person who deposited the litter in
or on an open private place, if the person--
(a) deposited the litter in or on
the place in any receptacle--
(i) that is provided for the deposit of litter,
and
(ii) that is appropriate for litter of that size, shape, nature or
volume, or
(b) at the relevant time was the custodian of the place or was
acting with the express or implied consent of the custodian of the place.
(5)
Exceptions: generally Subsection (1) does not apply to a person who deposited
the litter in or on a place, if the person--
(a) deposited the litter in the
place under an authority conferred by or under this or any other Act or any
Commonwealth Act, or
(b) deposited the litter in accordance with any
regulations made for the purposes of this section or in such circumstances as
may be prescribed by any regulations made for the purposes of this section.
