New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 145A

145A Aggravated littering

(1) Aggravated littering A person is guilty of the offence of aggravated littering under this section if the person commits an offence under section 145 in circumstances of aggravation.

Maximum penalty (instead of any penalty under section 145):

• in the case of a corporation-50 penalty units, or

• in the case of an individual-30 penalty units.

(2) Circumstances of aggravation For the purposes of this section, "circumstances of aggravation" means circumstances in which the litter deposited by the alleged offender:

(a) caused or contributed to appreciable danger or harm to any persons, animals, premises or property, or

(b) was reasonably likely to cause or contribute to such danger or harm (whether or not any such danger or harm was actually caused),

because of the volume or kind of litter deposited, or the manner in which it was deposited, or the place in or on which it was deposited.

(3) Without limiting subsection (2), a reference in that subsection to litter includes a reference to a lit cigarette.

(4) For the purposes of this section, "circumstances of aggravation" also means circumstances in which the litter deposited by the alleged offender comprised or included a syringe. It is not necessary to establish, in relation to those circumstances, the matters referred to in subsection (2).

(5) Aggravation not proved If the court is satisfied that a person charged with the offence of aggravated littering is not guilty of that offence but is satisfied on the evidence that the person is guilty of an offence under section 145, the court may find the person guilty of the offence under that section, and the person is liable to punishment accordingly.

(6) Definition In this section:
"syringe" means a hypodermic syringe, and includes anything designed for use or intended to be used as part of such a syringe, and also includes a needle designed for use or intended to be used in connection with such a syringe.