WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 118 Facilitating enforcement of vehicle littering or illegal dumping offence

WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 118

118 Facilitating enforcement of vehicle littering or illegal dumping offence

(1) If a person (the
"reporter" ) observes an incident that the reporter considers to be the commission of a vehicle littering or illegal dumping offence, the reporter may give the chief executive a signed notice (a
"vehicle littering or illegal dumping report" ) containing information about the incident.

(2) The chief executive must maintain arrangements for receiving and giving consideration to any vehicle littering or illegal dumping report, whether the report is given in hard copy or electronic form.

(3) The chief executive must not, other than with the consent of the reporter, or to take action under this chapter, including starting a proceeding, release to any person a vehicle littering or illegal dumping report.

(4) A vehicle littering or illegal dumping report should, if practicable, include enough information about the incident to allow the chief executive to form an opinion about whether a vehicle littering or illegal dumping offence has happened, and if so, the circumstances of the offence.

(5) Without limiting subsection (4) , the information may include the following—

(a) the reporter’s name, street address and contact details;

(b) the date, the approximate time and the place of the incident;

(c) registration details of the vehicle involved;

(d) the make, model, body type and colour of the vehicle involved;

(e) the type and amount of waste deposited;

(f) any other details that may in the circumstances help the chief executive;

Example—

the side of the vehicle from which waste was thrown

(g) whether the reporter is prepared to give evidence about the incident in a court if asked to do so.

(6) Without limiting the factors the chief executive may take into consideration in deciding whether to take any action in relation to a vehicle littering or illegal dumping report, the factors may include the following—

(a) whether the reporter can be identified;

(b) whether there is enough detail in the report to allow the chief executive to form an opinion about whether a vehicle littering or illegal dumping offence has happened;

(c) whether the reporter has been identified, having regard to previous vehicle littering or illegal dumping reports or other previous correspondence, as a person who has given information that is vexatious or mischievous in nature;

(d) whether the reporter is prepared to give evidence in court about the circumstances of the vehicle littering or illegal dumping offence;

(e) whether the vehicle reported on is a vehicle to which this part applies.