New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 145

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: 20 penalty units.

(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.