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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Environmental Protection
Amendment Bill 2007
Queensland
Environmental Protection Amendment Bill
2007
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new ch 8, pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 3A Offences relating to depositing litter
Division 1 Preliminary
440A Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 4
440B Meaning of litter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Division 2 General offence
440C When deposit of litter unlawful . . . . . . . . . . . . . . . . . . 5
440D Depositing litter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 3 Vehicle littering offence
440E Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
440F Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
440G Application of State Penalties Enforcement Act 1999 8
440H Effect of passenger declaration . . . . . . . . . . . . . . . . . 8
440I Service of infringement notice for vehicle littering
offence ............................... 9
440J Chief executive (transport) must disclose information 10
5 Insertion of new ch 9, pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2A Power of authorised persons to give directions
about litter removal
463A Direction to remove litter. . . . . . . . . . . . . . . . . . . . . . . 11
6 Insertion of new s 474A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
474A Failure to comply with authorised person's direction
to remove litter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 12
2007
A Bill
for
An Act to amend the Environmental Protection Act 1994
s1 4 s4
Environmental Protection Amendment Bill 2007
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Environmental Protection 3
Amendment Act 2007. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Act amended 7
This Act amends the Environmental Protection Act 1994. 8
Clause 4 Insertion of new ch 8, pt 3A 9
After section 440-- 10
insert-- 11
`Part 3A Offences relating to depositing 12
litter 13
`Division 1 Preliminary 14
`440A Definitions for pt 3A 15
`In this part-- 16
deposit, litter, at a place, means-- 17
(a) throw, drop or otherwise put the litter on the place; or 18
(b) leave the litter at the place; or 19
(c) deal with the litter in a way that causes or allows it to 20
fall, blow, wash or otherwise escape onto the place. 21
Examples for paragraph (c)-- 22
A person disposes of litter on a road if the person-- 23
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Environmental Protection Amendment Bill 2007
(a) transports the litter in a trailer in a way that causes the litter 1
to be blown out of the trailer and onto the road; or 2
(b) leaves the litter on private land where it is then washed by 3
rain onto the road. 4
litter see section 440B. 5
place includes premises and a place, including a public place, 6
on land. 7
Note-- 8
Under schedule 3, land is defined to include waters. 9
`440B Meaning of litter 10
`(1) Litter includes-- 11
(a) any waste of a commercial or domestic nature; and 12
(b) anything that may reasonably be considered to be 13
refuse, debris or rubbish; and 14
Examples of material likely to be litter under paragraph (b)-- 15
· discarded glass, metal, wood, plastic, paper, fabric or food 16
· discarded soil, sand, concrete or rock 17
· garden remnants and clippings 18
(c) an abandoned vehicle or an abandoned part of a vehicle. 19
`(2) However, litter does not include any gas, dust or smoke 20
emitted or produced-- 21
(a) during, or as a result of, the normal operations of any 22
industry; or 23
(b) from machinery used for domestic purposes. 24
`Division 2 General offence 25
`440C When deposit of litter unlawful 26
`(1) For this part, the deposit of litter by a person at a place is 27
unlawful unless-- 28
(a) the person is an occupier of the place; or 29
s4 6 s4
Environmental Protection Amendment Bill 2007
(b) the person deposits the litter with the consent of an 1
occupier of the place; or 2
(c) the person deposits the litter by placing it in a litter bin 3
or other container provided by an occupier of the place 4
for the purpose of depositing litter. 5
`(2) In this section-- 6
occupier, of a place, includes a person who exercises or may 7
exercise lawful authority or control in relation to the place. 8
`440D Depositing litter 9
`(1) A person must not unlawfully deposit litter at a place unless 10
the person has a reasonable excuse. 11
Maximum penalty-- 12
(a) if the offence involves depositing 200L or more of 13
litter--165 penalty units; or 14
(b) if the offence involves dangerous littering or involves 15
depositing more than 20L but less than 200L of 16
litter--40 penalty units; or 17
(c) if the offence involves depositing litter from a 18
vehicle--30 penalty units; or 19
(d) otherwise--20 penalty units. 20
`(2) In this section-- 21
dangerous littering means depositing litter that causes or is 22
likely to cause harm to a person, animal or property. 23
Examples of dangerous littering-- 24
· throwing a lit cigarette onto dry grass in extreme fire danger 25
conditions 26
· smashing a bottle and leaving the broken glass on a footpath 27
`Division 3 Vehicle littering offence 28
`440E Definitions for div 3 29
`In this division-- 30
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Environmental Protection Amendment Bill 2007
passenger declaration, for a vehicle littering offence, means a 1
statutory declaration, made by a prescribed person for the 2
offence, stating-- 3
(a) that the person was not the person who deposited the 4
litter; and 5
(b) the name and address of the person who deposited the 6
litter. 7
prescribed person, for a vehicle littering offence, means-- 8
(a) the person in whose name the vehicle associated with 9
the commission of the offence is registered under a 10
registration Act; or 11
(b) a person named in a known user declaration or a sold 12
vehicle declaration under the State Penalties 13
Enforcement Act 1999 in relation to the offence. 14
vehicle littering offence see section 440F. 15
`440F Application of div 3 16
`(1) This division applies to an offence against 440D that is a 17
vehicle littering offence. 18
`(2) An offence against 440D is a vehicle littering offence if-- 19
(a) the offence is committed by a person who is, or 20
becomes, an occupant of a vehicle that is associated 21
with the commission of the offence; and 22
(b) under the State Penalties Enforcement Act 1999, an 23
offence against section 440D is prescribed to be an 24
offence to which that Act applies. 25
`(3) A vehicle is associated with the commission of an offence 26
against section 440D if, for example, the person who 27
committed the offence-- 28
(a) was in the vehicle when the offence was committed; or 29
(b) used the vehicle to transport litter to a place where the 30
offence was committed; or 31
(c) committed the offence near the vehicle and before 32
entering the vehicle. 33
s4 8 s4
Environmental Protection Amendment Bill 2007
`(4) Despite subsection (1), this division does not apply to a 1
vehicle littering offence if-- 2
(a) the vehicle associated with the commission of the 3
offence was a public passenger vehicle being used to 4
transport members of the public; and 5
(b) the offence was committed by a person other than the 6
driver of the vehicle. 7
`440G Application of State Penalties Enforcement Act 1999 8
`(1) For the State Penalties Enforcement Act 1999, a vehicle 9
littering offence is an offence involving a vehicle as defined 10
under that Act. 11
`(2) For applying the State Penalties Enforcement Act 1999 to a 12
vehicle littering offence, the references in sections 17(3), 13
22(1)(c), 33(1)(d) and 157(2)(j) to an illegal user declaration, 14
a known or unknown user declaration or a sold vehicle 15
declaration are taken to include a reference to a passenger 16
declaration. 17
`(3) Subsection (2) does not affect a person's right under the State 18
Penalties Enforcement Act 1999, section 17(3) to give a SPEA 19
declaration for a vehicle for the offence. 20
`(4) However, if a person gives a passenger declaration for the 21
offence, another person may not give a SPEA declaration or a 22
passenger declaration for the same offence. 23
`(5) In this section-- 24
SPEA declaration means an illegal user declaration, a known 25
or unknown user declaration or a sold vehicle declaration 26
under the State Penalties Enforcement Act 1999. 27
`440H Effect of passenger declaration 28
`(1) This section applies if-- 29
(a) a vehicle littering offence happens; and 30
(b) an infringement notice for the offence is served on a 31
prescribed person for the offence; and 32
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Environmental Protection Amendment Bill 2007
(c) the prescribed person makes and gives to the 1
administering authority for the infringement notice a 2
passenger declaration for the offence. 3
`(2) The State Penalties Enforcement Act 1999, section 171 applies 4
as if the person named in the declaration as the person who 5
deposited the litter (the passenger) were the owner of the 6
vehicle at the relevant time and date. 7
`(3) A proceeding for the offence may be started against the 8
passenger only if a copy of the declaration has been served on 9
the passenger. 10
`(4) In a proceeding for the offence against the passenger, the 11
declaration is evidence that the passenger deposited the litter 12
at the relevant time and date. 13
`(5) In a proceeding for the offence against the prescribed person, 14
a court must not find the prescribed person guilty of the 15
offence if it is satisfied, whether on the statements contained 16
in the declaration or otherwise, the prescribed person did not 17
deposit the litter at the relevant time and date. 18
`(6) In this section-- 19
administering authority, for the infringement notice, means 20
the administering authority for the notice under the State 21
Penalties Enforcement Act 1999. 22
relevant time and date means the time and date specified in 23
the infringement notice as the time and date of the vehicle 24
littering offence. 25
`440I Service of infringement notice for vehicle littering 26
offence 27
`(1) An infringement notice for a vehicle littering offence may be 28
served on the person named in a passenger declaration as the 29
person who deposited the litter. 30
`(2) If the infringement notice is to be served by post, the notice 31
may be addressed to the person at the person's address stated 32
in the declaration. 33
1 State Penalties Enforcement Act 1999, section 17 (Liability for infringement notice
offences involving vehicles)
s5 10 s5
Environmental Protection Amendment Bill 2007
`440J Chief executive (transport) must disclose information 1
`(1) This section applies if-- 2
(a) an authorised person is reasonably satisfied that vehicle 3
registry information may be used-- 4
(i) in a proceeding against a person for a vehicle 5
littering offence; or 6
(ii) for the service of an infringement notice on a 7
person for a vehicle littering offence; and 8
(b) the authorised person asks the chief executive 9
(transport) for the information. 10
`(2) The chief executive (transport) must disclose the information 11
to the authorised person if-- 12
(a) the chief executive (transport) reasonably considers that 13
the information may be used-- 14
(i) in a proceeding against the person for the vehicle 15
littering offence; or 16
(ii) for the service of an infringement notice on the 17
person for the vehicle littering offence; or 18
(b) the disclosure is authorised by the person to whom the 19
information relates. 20
`(3) In this section-- 21
chief executive (transport) means the chief executive of the 22
department in which the Transport Operations (Road Use 23
Management) Act 1995 is administered. 24
vehicle registry information means information kept in the 25
register of registered vehicles under a regulation under the 26
Transport Operations (Road Use Management) Act 1995.'. 27
Clause 5 Insertion of new ch 9, pt 2A 28
After section 463-- 29
insert-- 30
s6 11 s6
Environmental Protection Amendment Bill 2007
`Part 2A Power of authorised persons to 1
give directions about litter 2
removal 3
`463A Direction to remove litter 4
`(1) An authorised person may give a person a direction under 5
subsection (2) if-- 6
(a) the authorised person finds the person committing a 7
relevant offence; or 8
(b) the authorised person-- 9
(i) finds the person in circumstances that lead; or 10
(ii) has information that leads; 11
the authorised person to reasonably suspect the person 12
has just committed a relevant offence. 13
`(2) The authorised person may direct the person to remove the 14
litter that is the subject of the offence within a reasonable time 15
after the person is given the direction. 16
`(3) The direction may be given orally or by written notice. 17
`(4) However, if the direction is given orally, the authorised person 18
must, as soon as practicable, confirm the direction by written 19
notice given to the person. 20
`(5) The authorised person may impose reasonable conditions on 21
the direction. 22
`(6) In this section-- 23
relevant offence means an offence against section 440D 24
involving the deposit of more than 20L of litter. 25
remove includes collect, transport, store, treat or dispose.'. 26
Clause 6 Insertion of new s 474A 27
After section 474-- 28
insert-- 29
s7 12 s7
Environmental Protection Amendment Bill 2007
`474A Failure to comply with authorised person's direction 1
to remove litter 2
`(1) A person to whom a direction is given under section 463A 3
must comply with the direction, including a condition of the 4
direction, unless the person has a reasonable excuse for not 5
complying with it. 6
Maximum penalty--100 penalty units. 7
`(2) The person does not commit an offence against subsection (1) 8
if the person is not proved to have committed the relevant 9
offence under section 463A.'. 10
Clause 7 Amendment of sch 3 (Dictionary) 11
Schedule 3-- 12
insert-- 13
`deposit, for chapter 8, part 3A, see section 440A. 14
infringement notice see the State Penalties Enforcement Act 15
1999, schedule 2. 16
infringement notice offence see the State Penalties 17
Enforcement Act 1999, schedule 2. 18
litter, for chapter 8, part 3A, see section 440B. 19
passenger declaration, for chapter 8, part 3A, division 3, see 20
section 440E. 21
place, for chapter 8, part 3A, see section 440A. 22
prescribed person, for chapter 8, part 3A, division 3, see 23
section 440E. 24
public passenger vehicle see the Transport Operations 25
(Passenger Transport) Act 1994, schedule 3. 26
registration Act see the State Penalties Enforcement Act 1999, 27
schedule 2. 28
vehicle littering offence, for chapter 8, part 3A, division 3, see 29
section 440F.'. 30
© State of Queensland 2007
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