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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
LITTER BILL 2007
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Application of Act
5. Objects of Act
6. Act binds Crown
PART 2 APPOINTMENT OF AUTHORISED OFFICERS
7. Power of Secretary to appoint authorised officers
8. Power of councils to appoint employees as authorised officers
PART 3 PROHIBITION OF LITTERING
Division 1 Littering
9. Littering
Division 2 Unsolicited documents and advertising material
10. Meaning of "unsolicited document"
11. Unsolicited documents must be put in mailboxes, &c.
12. Leaflets, &c., not to be placed on vehicles
13. Bill-posting without consent
14. Advertiser must disclose name of distributor
[Bill 12]-IV
15. Distributor must disclose name of depositor
16. Duty of person authorising or arranging for unsolicited
document
Division 3 Infringement notices
17. Service of infringement notice
18. Form of infringement notice
19. Acceptance of infringement notice
20. Extension of acceptance period
21. Payment
22. Effect of acceptance
23. Withdrawal of infringement notice
Division 4 Owner onus
24. Owner onus in respect of motor vehicles and trailers
25. Proceedings in respect of owner onus liability
26. Evidentiary effect of statutory declaration in proceedings against
another person
27. More than one registered operator
28. Infringement notices relating to owner onus offences
29. Bodies corporate and joint registered operators
30. Exceptions to liability of registered operators
31. Time limit for proceedings arising from owner onus
Division 5 Removal and prevention of litter
32. Special authority for authorised officers in reserved lands
33. Duty of litterer to remove litter
34. Court may order removal of litter
35. Litter abatement notices
36. Form of litter abatement notices
37. Amendment or revocation of litter abatement notices
38. Recovery of costs arising from litter abatement notices
Division 6 Reporting of offences by public
39. Reports of offences
2
40. False or misleading statements
PART 4 POWERS OF AUTHORISED OFFICERS
41. Powers of authorised officers
42. Obstruction of authorised officers
43. Names and addresses of offenders
44. Powers of police officers
45. Direction by police officers in connection with offences
46. Facilitation of proof of certain matters
47. Evidence of identity and authority
PART 5 LITTER MANAGEMENT FUND
48. Litter Management Fund
PART 6 MISCELLANEOUS AND SUPPLEMENTAL
49. Protection from liability
50. Delegations of functions, &c., by Secretary
51. Evidentiary provision
52. Regulations
53. Administration of Act
54. Consequential Amendments
55. Legislation repealed
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
SCHEDULE 2 LEGISLATION REPEALED
3
4
LITTER BILL 2007
(Brought in by the Minister for Tourism, Arts and the
Environment, the Honourable Paula Catherine Wriedt)
A BILL FOR
An Act to make provision with respect to the control and
prevention of litter, to amend the Crown Lands Act 1976, to
repeal the Litter Act 1973 and for other purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Litter Act 2007.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Interpretation
In this Act, unless the contrary intention
appears
"approved" means approved by the
Secretary;
[Bill 12] 5
Litter Act 2007
Act No. of
s. 3 Part 1 Preliminary
"authorised officer" means an authorised
officer appointed under section 7 or 8;
"corresponding law" means a law of another
State or a Territory of Australia dealing
with either or both of the following
subjects:
(a) the driving of motor vehicles on
roads;
(b) the use of motor vehicles and
trailers on roads;
"deposit", in respect of litter, includes
(a) drop or throw litter in, on or into
a place; and
(b) leave litter in or on a place; and
(c) put litter in such a location that it
falls, descends, blows, is washed,
percolates or otherwise escapes
or is likely to fall, descend, blow,
be washed, percolate or otherwise
escape into or from a place; and
(d) cause, permit or allow litter to
fall, descend, blow, be washed,
percolate or otherwise escape into
or from a place;
"document" means any record of information
and includes
(a) anything on which there is
writing; and
6
Litter Act 2007
Act No. of
Part 1 Preliminary s. 3
(b) anything on which there are
marks, figures, symbols or
perforations having a meaning for
persons qualified to interpret
them; and
(c) anything from which sounds,
images or writing can be
reproduced with or without the
aid of anything else; and
(d) a map, plan, drawing or
photograph;
"escape" includes fall, descend and percolate,
and be blown or washed, into, on or from
any place;
"Fund" means the Litter Management Fund
established under section 48;
"general manager" means the general
manager of a council appointed under the
Local Government Act 1993;
"infringement notice" means an
infringement notice served in accordance
with Division 3 of Part 3;
"land" means any land, whether publicly or
privately owned, and includes any
buildings or other structures permanently
affixed to the land;
"litter" includes
7
Litter Act 2007
Act No. of
s. 3 Part 1 Preliminary
(a) any solid or liquid domestic or
commercial refuse, debris or
rubbish and, without limitation,
includes any glass, metal, plastic,
cigarette butts, paper, fabric,
wood, food, abandoned vehicles,
abandoned vehicle parts,
construction or demolition
material, garden remnants and
clippings, soil, sand and rocks;
and
(b) any other material, substance or
thing deposited in or on a place if
its size, shape, nature or volume
makes the place where it is
deposited disorderly or
detrimentally affects the proper
use of that place
whether or not the litter has any value
when or after being deposited in or on
the place;
"litter abatement notice" means a litter
abatement notice served under
section 35;
"luxury hire car" means a small passenger
vehicle in respect of which a licence is
required under Part 4A of the Taxi and
Luxury Hire Car Industries Act 1995;
"motor vehicle" has the meaning given by the
Vehicle and Traffic Act 1999;
8
Litter Act 2007
Act No. of
Part 1 Preliminary s. 3
"open private place" means a private place
that is situated
(a) in or on land and that is not
within a building on the land; or
(b) in or on waters;
"place" includes a receptacle, vehicle and any
waters;
"public passenger vehicle" means
(a) a motor vehicle that is used or
intended to be used for the
purpose of carrying passengers
for reward; or
(b) a motor vehicle with a seating
capacity of 13 or more adults,
including the driver;
"registered operator" of a motor vehicle or
trailer has the meaning assigned to that
expression under the Vehicle and Traffic
Act 1999 and includes
(a) the registered operator of the
motor vehicle or trailer within the
meaning of a corresponding law;
and
(b) in the case of a motor vehicle or
trailer to which a trade plate or
similar device is affixed under the
Vehicle and Traffic Act 1999 or
under a corresponding law, the
9
Litter Act 2007
Act No. of
s. 3 Part 1 Preliminary
person to whom the trade plate or
device has been issued; and
(c) in the case of a motor vehicle or
trailer for which a short term
unregistered vehicle permit or
similar permit has been issued
under the Vehicle and Traffic Act
1999 or under a corresponding
law, the person to whom the
permit has been issued;
"reserved land" has the same meaning as in
the Nature Conservation Act 2002;
"Secretary" means the Secretary of the
Department;
"small passenger vehicle" means a motor
vehicle with a seating capacity of less
than 13 adults, including the driver, that
is designed and constructed primarily for
the carriage of passengers;
"statutory defence" means a defence
provided by section 24(2);
"taxi" means a vehicle for which a licence to
be operated as a taxi is required under the
Taxi and Luxury Hire Car Industries Act
1995;
"trailer" has the meaning given by the
Vehicle and Traffic Act 1999;
"vehicle" means
10
Litter Act 2007
Act No. of
Part 1 Preliminary s. 4
(a) any thing that is capable of
transporting a person, including
an aeroplane, boat, bicycle, bus
and train; or
(b) any trailer that is attached to any
such thing;
"warrant" means a warrant under the Search
Warrants Act 1997.
4. Application of Act
(1) The application of this Act extends to
(a) all Crown land; and
(b) the coastal waters of the State, within the
meaning of the Coastal Waters (State
Powers) Act 1980 of the Commonwealth.
(2) Subsection (1)(a) has effect notwithstanding
section 35 of the National Parks and Reserves
Management Act 2002.
(3) Subject to subsection (2), this Act does not
derogate from the provisions of any other Act.
5. Objects of Act
The objects of this Act are
(a) to prohibit the deposit of litter in the
environment; and
11
Litter Act 2007
Act No. of
s. 6 Part 1 Preliminary
(b) to regulate the distribution of materials
that may become litter; and
(c) to facilitate the removal of litter; and
(d) generally to protect and enhance the
quality of the Tasmanian environment.
6. Act binds Crown
This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
12
Litter Act 2007
Act No. of
Part 2 Appointment of Authorised Officers s. 7
PART 2 APPOINTMENT OF AUTHORISED
OFFICERS
7. Power of Secretary to appoint authorised officers
(1) The Secretary may appoint
(a) State Service officers and State Service
employees appointed or employed in the
Department; or
(b) with the consent of the Head of another
Agency, State Service officers and State
Service employees appointed or
employed in that Agency
as authorised officers for the purposes of this
Act, and those persons may exercise the powers
and perform the functions of an authorised
officer in conjunction with State Service
employment.
(2) A police officer is an authorised officer.
(3) The Secretary may, with the consent of any
person, appoint that person or an employee of
that person as an authorised officer.
(4) An appointment as an authorised officer may be
made on such terms and conditions as the
Secretary determines and, in particular, the
instrument of appointment may provide that all
or any of the powers conferred on an authorised
officer by this Act may be exercised exclusively
in respect of reserved lands or exclusively in
respect of lands other than reserved lands.
13
Litter Act 2007
Act No. of
s. 8 Part 2 Appointment of Authorised Officers
8. Power of councils to appoint employees as
authorised officers
The general manager of a council may appoint
an employee of the council to be an authorised
officer for the purposes of this Act.
14
Litter Act 2007
Act No. of
Part 3 Prohibition of Littering s. 9
PART 3 PROHIBITION OF LITTERING
Division 1 Littering
9. Littering
(1) A person must not deposit litter that is 55 litres
or less in volume
(a) in or on a public place; or
(b) in or on any open private place unless he
or she is the owner or occupier of the
place or has the express consent of the
owner or occupier.
Penalty: Fine not exceeding 20 penalty units.
(2) A person must not deposit litter consisting solely
of a cigarette butt, confectionery wrapper, bus
ticket or other small item, whether of a similar
kind or not
(a) in or on a public place; or
(b) in or on any open private place unless he
or she is the owner or occupier of the
place or has the consent of the owner or
occupier.
Penalty: Fine not exceeding 2 penalty units.
(3) Liability for an offence under subsection (2) is in
substitution for any other liability under this
section.
15
Litter Act 2007
Act No. of
s. 9 Part 3 Prohibition of Littering
(4) A person must not deposit litter that is more than
55 litres in volume
(a) in or on a public place; or
(b) in or on any open private place unless he
or she is the owner or occupier of the
place or has the express consent of the
owner or occupier.
Penalty: Fine not exceeding 50 penalty units.
(5) A person must not deposit litter that is 55 litres
or less in volume in or on any open private place
so that
(a) any part of that litter escapes; or
(b) any part of that litter is likely to escape
into or on a public place or any other private
place.
Penalty: Fine not exceeding 20 penalty units.
(6) A person must not deposit litter that is more than
55 litres in volume in or on any open private
place so that
(a) any part of that litter escapes; or
(b) any part of that litter is likely to escape
into or on a public place or any other private
place.
Penalty: Fine not exceeding 50 penalty units.
16
Litter Act 2007
Act No. of
Part 3 Prohibition of Littering s. 9
(7) A person must not deposit litter that is 55 litres
or less in volume in a public place in a receptacle
provided for litter if
(a) the litter is not of the size, shape, nature
or volume for which the receptacle is
provided; or
(b) owing to the size, shape, nature or
volume of the litter, it is evident that the
litter is of household or commercial
origin.
Penalty: Fine not exceeding 20 penalty units.
(8) A person must not deposit litter that is more than
55 litres in volume in a public place in a
receptacle provided for litter if
(a) the litter is not of the size, shape, nature
or volume for which the receptacle is
provided; or
(b) owing to the size, shape, nature or
volume of the litter, it is evident that the
litter is of household or commercial
origin.
Penalty: Fine not exceeding 50 penalty units.
(9) Subsection (7)(b) and subsection (8)(b) do not
prevent the deposit of litter in a receptacle in a
public place if the receptacle is clearly marked as
being for litter of household or commercial
origin.
17
Litter Act 2007
Act No. of
s. 9 Part 3 Prohibition of Littering
(10) Subsections (1), (2), (3) and (4) do not apply to
the placing of a receptacle containing litter in or
on a public place for the litter to be removed by
a garbage collection service.
(11) Subsections (1), (2), (3), (4), (5) and (6) do not
apply to
(a) the depositing of litter in accordance with
any authority lawfully given by a State
Service officer or State Service employee
or by a council; or
(b) the depositing of litter in any place if
there is lawful authority to do so.
(12) In a prosecution for an offence against this
section, it is a defence if the litterer can show
(a) that the deposit of the litter was
accidental and that he or she took all
reasonable steps to retrieve the litter; or
(b) that the deposit of the litter was an
unavoidable consequence of a lawful
activity.
(13) For the purposes of subsection (12)(b), a
consequence is unavoidable if there was at the
relevant time no reasonably practicable way of
avoiding it.
(14) Subject to subsections (12) and (13), an offence
against this section is an offence of strict
liability.
18
Litter Act 2007
Act No. of
Part 3 Prohibition of Littering s. 10
Division 2 Unsolicited documents and advertising material
10. Meaning of "unsolicited document"
For the purposes of this Division, a document is
taken to be unsolicited if it is deposited at any
premises without being addressed by name to a
person who owns or occupies the premises.
11. Unsolicited documents must be put in mailboxes,
&c.
(1) A person delivering an unsolicited document to
any premises must not deposit the document in
any place on the premises unless he or she places
the document securely
(a) in a receptacle, slot or other place that is
used for the deposit of mail at the
premises; or
(b) in a receptacle or slot that is used for the
deposit of newspapers at the premises; or
(c) under the door of the premises; or
(d) in a place that is in a building and is
suitable for the deposit of the document.
Penalty: Fine not exceeding 20 penalty units.
(2) Subsection (1) does not apply to
(a) any newspaper, or any material folded or
inserted into a newspaper; or
19
Litter Act 2007
Act No. of
s. 12 Part 3 Prohibition of Littering
(b) any document issued or distributed
under, in accordance with, or for the
purposes of, any Act of Tasmania or the
Commonwealth; or
(c) any document that is given personally to
a person at the premises; or
(d) any document that is of such a size,
shape or volume that it is not possible or
appropriate for it to be deposited in
accordance with subsection (1).
12. Leaflets, &c., not to be placed on vehicles
A person must not deposit any document in or
on any vehicle without the express consent of the
owner or driver of the vehicle or unless the
person depositing the document is exercising a
power given to him or her by any law.
Penalty: Fine not exceeding 20 penalty units.
13. Bill-posting without consent
A person must not affix any document on to any
fixed structure without the express consent of the
owner, occupier or manager of the structure.
Penalty: Fine not exceeding 20 penalty units.
20
Litter Act 2007
Act No. of
Part 3 Prohibition of Littering s. 14
14. Advertiser must disclose name of distributor
A person who authorises or arranges for the
distribution of an unsolicited document must,
within 7 days after receiving a written request
for the information from an authorised officer,
give to the authorised officer the name and
address of the person who is responsible for
distributing the document in any area.
Penalty: Fine not exceeding 20 penalty units.
15. Distributor must disclose name of depositor
A person who engages another person (whether
as an employee or as an agent) to deposit
unsolicited documents at premises within an area
must, within 7 days after receiving a written
request for the information from an authorised
officer, give the authorised officer the name and
address of that other person.
Penalty: Fine not exceeding 20 penalty units.
16. Duty of person authorising or arranging for
unsolicited document
(1) A person who authorises or arranges for the
distribution of a document that is distributed, or
intended to be distributed, as an unsolicited
document must ensure that the document is
deposited in a way that prevents it from
becoming litter.
21
Litter Act 2007
Act No. of
s. 17 Part 3 Prohibition of Littering
Penalty: Fine not exceeding 20 penalty units.
(2) It is a defence to a charge under this section for
the person charged to show that he or she took
all reasonable steps to comply with this section.
Division 3 Infringement notices
17. Service of infringement notice
(1) An authorised officer may serve an infringement
notice on a person who has attained the age of 16
years, if he or she reasonably believes that the
person has committed a prescribed offence
against this Act.
(2) An infringement notice is not to relate to 4 or
more offences.
18. Form of infringement notice
(1) An infringement notice
(a) is to be in an approved form; and
(b) is to specify
(i) the offence to which it relates;
and
(ii) the prescribed penalty for that
offence; and
(iii) the total amount payable; and
22
Litter Act 2007
Act No. of
Part 3 Prohibition of Littering s. 19
(iv) the place at which the penalty
must be paid; and
(v) any other prescribed details.
(2) An infringement notice is to state that the person
on whom it is served may disregard the notice
but that, on doing so, he or she may be
prosecuted for the offence to which the notice
relates.
19. Acceptance of infringement notice
A person may accept an infringement notice by
(a) paying the total amount payable at the
place specified in the notice within 21
days after being served with the notice;
or
(b) lodging at that place within 21 days after
being served with the notice a written
undertaking to pay the amount payable.
20. Extension of acceptance period
If an infringement notice is not accepted before
the period referred to in section 19 expires, an
authorised officer may allow a further period of
14 days commencing on that expiry for the
acceptance of that notice.
23
Litter Act 2007
Act No. of
s. 21 Part 3 Prohibition of Littering
21. Payment
(1) If a person undertakes under section 19(b) to pay
any amount payable under an infringement
notice, an authorised officer may determine the
period, not exceeding 63 days from the day on
which the notice was served, within which the
amount must be paid.
(2) A person may make representations to an
authorised officer in respect of his or her ability
to pay the amount.
(3) An authorised officer is to take the person's
representations into account before determining
the period within which the amount is to be paid.
(4) If a person fails to pay any amount in accordance
with an undertaking given under section 19, the
same proceedings may be taken against the
person in respect of the amount remaining
outstanding as if it were a penalty imposed on
the person on summary conviction.
22. Effect of acceptance
(1) The acceptance of an infringement notice is not
an admission of liability in any civil
proceedings.
(2) Proceedings against a person for an offence, to
which an infringement notice relates that has not
been withdrawn, must not be brought
(a) if the person accepts the infringement
notice; or
24
Litter Act 2007
Act No. of
Part 3 Prohibition of Littering s. 23
(b) within 28 days after the notice was
served, if the person has not been
allowed a further period under
section 20; or
(c) within 42 days after the notice was
served, if the person has been allowed a
further period under that section.
23. Withdrawal of infringement notice
(1) An authorised officer may, by notice in writing
in an approved form, withdraw an infringement
notice served on a person if he or she reasonably
believes that
(a) the infringement notice should not have
been served; or
(b) the person should be proceeded against
for the offence to which the notice
relates.
(2) An infringement notice may be withdrawn
whether or not it has been accepted.
(3) An infringement notice is to be withdrawn
(a) by serving on the person a notice stating
that the infringement notice has been
withdrawn; and
(b) within 108 days after service of the
infringement notice.
25
Litter Act 2007
Act No. of
s. 24 Part 3 Prohibition of Littering
(4) Where an infringement notice has been served
and has been withdrawn
(a) any amount paid in respect of the notice
is to be repaid to the person who paid it;
and
(b) evidence of the service, acceptance or
withdrawal of the notice is not
admissible in any proceedings for the
offence to which the notice relates.
Division 4 Owner onus
24. Owner onus in respect of motor vehicles and
trailers
(1) If
(a) an offence against this Act arising from
the use, driving, parking, standing or
leaving of a motor vehicle or trailer has
been committed; and
(b) the identity of the person who committed
the offence cannot be immediately
established
the registered operator of the motor vehicle or
trailer, as the case may be, is taken to have
committed the offence, whether or not he or she
was driving, or in charge of, the motor vehicle or
trailer at the time of the offence unless he or she
can establish a defence under this section.
26
Litter Act 2007
Act No. of
Part 3 Prohibition of Littering s. 25
(2) It is a defence to a charge for an offence under
this section if the registered operator can
establish that the offence was committed by
another person or that, at the time of the
occurrence of the offence
(a) the motor vehicle was being driven, or
the trailer was being used, without the
knowledge or consent of the registered
operator; or
(b) the motor vehicle or trailer was in the
charge of another person; or
(c) the registered operator had no right or
interest in the motor vehicle or trailer.
(3) Subsection (2) does not exclude any other
defence provided by law.
25. Proceedings in respect of owner onus liability
(1) A defendant is not entitled to rely on a statutory
defence unless, within 21 days after being served
with a complaint and summons relating to the
offence, he or she gives to the clerk of the court
specified in the summons
(a) written notice of his or her intention to
rely on the statutory defence; and
(b) a statutory declaration giving particulars
of that defence including, if it is alleged
that the motor vehicle or trailer was in
the charge of another person or that the
offence was committed by another
27
Litter Act 2007
Act No. of
s. 26 Part 3 Prohibition of Littering
person, particulars, so far as known to
the defendant, of the name and address of
that other person.
(2) Subsection (1) does not apply to a defendant
who has previously provided a statutory
declaration under subsection (2) of section 28
giving the information required by that
subsection.
(3) Proceedings must not be heard in respect of an
offence arising under section 24 unless the
defendant was, at the time of being served with
the complaint and summons, notified in writing
of the provisions of that section and this section.
(4) A complaint and summons in any such
proceedings is to contain an address at which a
notice under subsection (1) may be lodged.
(5) Where a penalty has been imposed on, or
recovered from, any person in respect of an
offence arising under section 24(1), a further
penalty is not to be imposed on, or recovered
from, any other person in respect of the offence.
26. Evidentiary effect of statutory declaration in
proceedings against another person
A statutory declaration given by a registered
operator under section 25(1), if produced in any
proceedings against the person named in it and
in respect of the offence to which it relates, is
evidence that
28
Litter Act 2007
Act No. of
Part 3 Prohibition of Littering s. 27
(a) the named person was the person in
charge of the motor vehicle or trailer at
the time when the offence occurred; or
(b) the named person was a passenger in the
motor vehicle at that time.
27. More than one registered operator
(1) If there are 2 registered operators of a motor
vehicle or trailer, proceedings for an offence
arising under section 24(1) may be brought
against one of those registered operators or
against both of them jointly.
(2) If there are 2 registered operators of a motor
vehicle or trailer, a court may find the defendant
or each of the defendants guilty of an offence if
satisfied that
(a) an offence has been committed; and
(b) the defendant has not established a
statutory defence.
(3) If a fine is imposed on 2 registered operators of a
motor vehicle or trailer who have been found
guilty of an offence against this Act, the total of
any fines imposed in respect of that offence is
not to exceed the maximum fine that could have
been imposed if only one of them had been
found guilty of that offence.
29
Litter Act 2007
Act No. of
s. 28 Part 3 Prohibition of Littering
28. Infringement notices relating to owner onus
offences
(1) An infringement notice for an offence under
section 24 may be served on the registered
operator of a motor vehicle or trailer
(a) at his or her last known place of
residence or business; or
(b) by leaving the infringement notice in or
on, or attaching it to, the motor vehicle or
trailer.
(2) If the registered operator alleges
(a) within 28 days following the service of
an infringement notice under
subsection (1), if he or she has not been
allowed a further period under
section 20; or
(b) within 43 days following the service of
the notice, if he or she has been allowed
any such further period
that the offence was committed by another
person or that, at the time of the occurrence of
the offence
(c) the motor vehicle or trailer was being
driven or used without the knowledge or
consent of the registered operator; or
(d) the motor vehicle or trailer was in the
charge of another person; or
30
Litter Act 2007
Act No. of
Part 3 Prohibition of Littering s. 29
(e) the registered operator had no right or
interest in the motor vehicle or trailer
the registered operator may provide the
authorised officer nominated in the notice with a
statutory declaration giving particulars of the
allegation and, if it is alleged that the offence
was committed by another person, particulars, so
far as known to the registered operator, of the
name and address of that other person.
(3) An authorised officer who receives the statutory
declaration may withdraw the infringement
notice in accordance with section 23.
(4) A statutory declaration provided under
subsection (2) may be given to the relevant clerk
of the court for the purposes of section 25(1).
29. Bodies corporate and joint registered operators
(1) Where an infringement notice is served on a
person who is a joint registered operator of a
motor vehicle or trailer or on a body corporate
(a) the service is taken to be a demand by an
authorised officer under section 46; and
(b) the notice is to contain a statement of the
obligations of that person or body
corporate under that section.
(2) For the removal of doubt, it is declared that an
infringement notice may be served on a body
corporate.
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Act No. of
s. 30 Part 3 Prohibition of Littering
30. Exceptions to liability of registered operators
Where an offence against this Act arising from
the use, driving, parking, standing or leaving of a
motor vehicle has been committed, section 24
does not apply if
(a) the motor vehicle is a taxi, luxury hire
car or public passenger vehicle; and
(b) the offence was committed by a
passenger; and
(c) the motor vehicle was being used for the
purposes of public transport at the time
the offence was committed.
31. Time limit for proceedings arising from owner onus
Where it is alleged in a statutory declaration
given under this Part that a named person has
committed an offence against this Act, a
complaint in respect of that offence may,
notwithstanding section 26 of the Justices Act
1959, be laid against the named person at any
time within 6 months after the date on which the
statutory declaration is given.
32
Litter Act 2007
Act No. of
Part 3 Prohibition of Littering s. 32
Division 5 Removal and prevention of litter
32. Special authority for authorised officers in reserved
lands
Where litter has been deposited on any reserved
land, the powers conferred by this Division may
be exercised by an authorised officer only if so
provided in the instrument of his or her
appointment.
33. Duty of litterer to remove litter
A person must remove any litter unlawfully
deposited by that person if requested to do so by
an authorised officer and the removal must be
carried out in accordance with any directions
given by the authorised officer.
Penalty: Fine not exceeding 50 penalty units.
34. Court may order removal of litter
(1) If a court convicts a person of an offence against
this Act, the court may, instead of or in addition
to any other penalty, order the person
(a) to clear away and remove within a
specified time the litter deposited by the
person or any other litter in or on any
place; or
(b) order the person to pay an amount
representing the reasonable cost of
33
Litter Act 2007
Act No. of
s. 35 Part 3 Prohibition of Littering
removal of the litter to the person who,
or body which, has the control or
management of the land or waters where
the litter was deposited by the person
convicted.
(2) An order under subsection (1)(a) may require
that the litter is to be cleared away and removed
under the supervision of a person nominated by
the court and in accordance with any directions
given by that person.
(3) If a person ordered to clear away and remove
litter under subsection (1)(a) fails to do so within
the specified time in accordance with any
directions given under subsection (2), the court
may, on the application of the prosecutor, the
person appointed as supervisor or any other
person or body mentioned in paragraph (b) of
subsection (1), make a further order under that
paragraph against the person convicted.
35. Litter abatement notices
(1) If an authorised officer suspects on reasonable
grounds that
(a) a person is carrying on any activity that
has caused, or is likely to cause, the
deposit of litter contrary to section 9; or
(b) litter has been deposited in any place
contrary to that section or that litter has
escaped, or is likely to escape, from any
place
34
Litter Act 2007
Act No. of
Part 3 Prohibition of Littering s. 35
the authorised officer may serve a litter
abatement notice on
(c) the person carrying out the activity; or
(d) the person who deposited the litter; or
(e) the owner, occupier or person
responsible for the management of the
place.
(2) If an authorised officer suspects on reasonable
grounds that litter has escaped, or is likely to
escape, from a motor vehicle or trailer, the
authorised officer may serve a litter abatement
notice on the registered operator of, or person in
charge of, the motor vehicle or trailer.
(3) A litter abatement notice may require the person
to do one or more of the following in accordance
with any directions given by an authorised
officer:
(a) to refrain from depositing litter contrary
to section 9;
(b) to ensure that no litter escapes from any
place owned or occupied by the person or
from the motor vehicle or trailer referred
to in subsection (2);
(c) to remove the litter;
(d) to clean any place that has been affected
by the deposit of litter and to restore the
place as far as practicable to its former
state and condition;
35
Litter Act 2007
Act No. of
s. 36 Part 3 Prohibition of Littering
(e) to carry out any activity in such a manner
as to prevent or minimise the deposit of
litter;
(f) to do, or refrain from doing, any other
act, matter or thing so as to ensure that
the person does not commit an offence
against this Act.
(4) A person who has been served with a litter
abatement notice must comply with any
directions specified in the notice.
Penalty: Fine not exceeding 50 penalty units.
(5) A person who has been served with a litter
abatement notice may appeal to the Magistrates
Court (Administrative Appeals Division) for a
review of the notice under the Magistrates Court
(Administrative Appeals Division) Act 2001.
36. Form of litter abatement notices
A litter abatement notice
(a) is to be in an approved form; and
(b) is to be signed by the authorised officer
giving the notice; and
(c) is to specify details of the action required
to be taken; and
(d) may specify the time within which the
action must be taken; and
36
Litter Act 2007
Act No. of
Part 3 Prohibition of Littering s. 37
(e) is to state that the notice may be
amended or revoked under section 37;
and
(f) is to state the penalty for failure to
comply with the notice and the liability
to pay costs under section 38; and
(g) is to state the right of the person to whom
the notice applies to seek a review of the
notice in the Magistrates Court
(Administrative Appeals Division) under
section 35(5).
37. Amendment or revocation of litter abatement
notices
An authorised officer may amend or revoke a
litter abatement notice by serving a written
notice of amendment or revocation in an
approved form on the person to whom the litter
abatement notice applies.
38. Recovery of costs arising from litter abatement
notices
(1) If a person fails to remove litter or clear or
restore a place in accordance with a litter
abatement notice, the Crown or, as the case may
be, a council, statutory authority or other body
which has the control or management of the
place where the offence occurred may cause
those measures to be taken.
37
Litter Act 2007
Act No. of
s. 39 Part 3 Prohibition of Littering
(2) The reasonable costs incurred in carrying out
those measures
(a) are payable by the person specified in the
abatement notice; and
(b) are recoverable as a debt in a court of
competent jurisdiction.
Division 6 Reporting of offences by public
39. Reports of offences
(1) A person who sees another person committing
an offence under this Part may inform the
Secretary of the offence by sending a signed
written report containing
(a) the date, time and place of the offence, so
far as is known to the first-mentioned
person; and
(b) details of the nature of the litter and of
the offence; and
(c) any evidence of the identity of the person
who committed the offence or evidence
which may lead to the identification of
that person.
(2) On the Secretary receiving a report under
subsection (1), an infringement notice may be
issued to, or proceedings may be taken against,
the person seen committing the offence or the
person taken to have committed the offence.
38
Litter Act 2007
Act No. of
Part 3 Prohibition of Littering s. 40
40. False or misleading statements
(1) A person must not, in giving any information to
the Secretary under this Act
(a) make a statement knowing it to be false
or misleading; or
(b) omit any matter from a statement
knowing that without that matter the
statement is misleading.
(2) A person who contravenes subsection (1) is
guilty of an offence and is liable on summary
conviction to a penalty not exceeding 10 penalty
units.
(3) This section does not restrict the operation of
any other Act or rule of law.
39
Litter Act 2007
Act No. of
s. 41 Part 4 Powers of Authorised Officers
PART 4 POWERS OF AUTHORISED OFFICERS
41. Powers of authorised officers
(1) Subject to this Division, an authorised officer
may
(a) enter and inspect any place for any
reasonable purpose connected with the
administration or enforcement of this
Act; and
(b) require any person to produce any
documents, including a written record
that reproduces in an understandable
form information stored by computer,
microfilm or other process, as reasonably
required in connection with the
administration or enforcement of this
Act; and
(c) examine, copy or take extracts from any
documents or information so produced or
require a person to provide a copy of any
such document or information; and
(d) take photographs, films and audio, video
or other recordings as reasonably
required in connection with the
administration or enforcement of this
Act; and
(e) give any directions reasonably required
in connection with the exercise of a
power conferred by this subsection or
40
Litter Act 2007
Act No. of
Part 4 Powers of Authorised Officers s. 41
otherwise in connection with the
administration or enforcement of this
Act.
(2) An authorised officer may not exercise the
power of entry under this section except where
(a) the occupier of the place consents to the
entry; or
(b) the entry is authorised by a warrant; or
(c) in the case of a public place, the entry is
made when the place is open to the
public; or
(d) the entry is made when the officer
believes on reasonable grounds that an
offence against this Act has been, or is
being, carried out and the place is open
for conduct of business or otherwise
open for entry.
(3) If an entry under this section is made otherwise
than under the authority of a warrant, the entry
must be made at a time that is reasonable.
(4) In the exercise of powers under this Act, an
authorised officer may be assisted by such
persons as he or she considers necessary in the
circumstances.
(5) An authorised person may apply to a justice for a
warrant to enter any place to enforce any
provision of this Act.
41
Litter Act 2007
Act No. of
s. 42 Part 4 Powers of Authorised Officers
(6) A warrant continues in force until the purpose
for which it was granted is satisfied.
42. Obstruction of authorised officers
A person must not obstruct, hinder, delay,
impede or threaten an authorised officer in
performing any function or exercising any power
under this Act.
Penalty: Fine not exceeding 10 penalty units.
43. Names and addresses of offenders
(1) If an authorised officer has reasonable grounds
for believing that a person has committed, or is
committing, an offence against this Act, he or
she may require that person to state his or her
name and the address of his or her place of
residence.
(2) A person must not fail or refuse to comply with a
requirement under subsection (1) or, in response
to any such requirement, state a name or address
that is false in a material particular.
Penalty: Fine not exceeding 10 penalty units.
44. Powers of police officers
A police officer making a requirement under
section 43(1) may arrest, without warrant, a
person who fails or refuses to comply with that
42
Litter Act 2007
Act No. of
Part 4 Powers of Authorised Officers s. 45
requirement or who, in response to the
requirement, gives a name or address that the
police officer has reason to believe is false.
45. Direction by police officers in connection with
offences
(1) A police officer may give a person such
directions as he or she considers necessary or
expedient if he or she
(a) finds the person committing an offence
against this Act; or
(b) reasonably believes that the person has
committed, or is about to commit, an
offence against this Act.
(2) A person must obey a direction given to him or
her under this section whether or not the person
may contravene a provision of the Road Rules
by obeying the direction.
Penalty: Fine not exceeding 10 penalty units.
46. Facilitation of proof of certain matters
Where a person is alleged to have committed an
offence against this Act as the registered
operator of a vehicle
(a) the registered operator of the vehicle, on
demand by an authorised officer, must
give to the authorised officer all
43
Litter Act 2007
Act No. of
s. 47 Part 4 Powers of Authorised Officers
information that the authorised officer
may require as to the identity and
whereabouts of the driver of the vehicle
at any time relevant to the offence; and
(b) if any information so required is not
known to the registered operator, he or
she must with all reasonable diligence
(proof of which lies on him or her) take
steps to obtain the information, and must
report to the authorised officer within 7
days, or sooner if practicable, the result
of the steps so taken; and
(c) on demand being made to a person by an
authorised officer for any information
within that person's knowledge as to the
identity of the driver, or as to any fact
which may lead to the identification of
the driver, the person must give that
information to the authorised officer.
Penalty: Fine not exceeding 10 penalty units.
47. Evidence of identity and authority
(1) When exercising powers under this Act, an
authorised officer must produce evidence of his
or her identity and authority if reasonably
required to do so by any person.
(2) It is not necessary for a police officer exercising
any power as an authorised officer under this Act
to produce any authority other than that required
as a police officer.
44
Litter Act 2007
Act No. of
Part 5 Litter Management Fund s. 48
PART 5 LITTER MANAGEMENT FUND
48. Litter Management Fund
(1) An account, which is to be known as the Litter
Management Fund, is to be established within
the Special Deposits and Trust Fund for the
purposes of this Act.
(2) Any payments in respect of a prescribed penalty
or by way of fine for an offence against this
Act
(a) are payable to a council if the notice was
served, or proceedings were instituted,
by the council or an authorised officer
appointed under section 8; or
(b) in any other case, are payable to the
Litter Management Fund unless
otherwise directed or approved by the
Treasurer.
(3) There may be paid from the Fund any money
that is required
(a) for the payment of the cost of
establishing and maintaining a service to
enable members of the public to report
offences against this Act; and
(b) for the payment or discharge of any other
expenses, charges or obligations incurred
or undertaken by the Secretary or an
authorised officer in the performance of
45
Litter Act 2007
Act No. of
s. 48 Part 5 Litter Management Fund
his or her functions or the exercise of his
or her powers under this Act; and
(c) for any other purpose expedient to give
effect to the objects of this Act.
46
Litter Act 2007
Act No. of
Part 6 Miscellaneous and Supplemental s. 49
PART 6 MISCELLANEOUS AND SUPPLEMENTAL
49. Protection from liability
Any act, matter or thing done or omitted to be
done in good faith by
(a) the Secretary, or a person acting under
the direction or authority of the
Secretary; or
(b) an instrumentality of the Crown; or
(c) a council; or
(d) an authorised officer
in the administration or intended administration
of this Act, or in the exercise or performance or
intended exercise or performance of any powers,
functions or duties under this Act does not
subject the Secretary, instrumentality, council or
other person to any liability (whether civil or
criminal) in respect of that act, matter or thing.
50. Delegations of functions, &c., by Secretary
The Secretary may, in writing, delegate to a
body, a State Service officer or State Service
employee all or any of the powers, duties and
functions of the Secretary under this Act other
than this power of delegation and the powers
conferred by section 7.
47
Litter Act 2007
Act No. of
s. 51 Part 6 Miscellaneous and Supplemental
51. Evidentiary provision
In any proceedings for an offence against this
Act, an averment in a complaint that a specified
person was the registered operator of a motor
vehicle or trailer at any specified time is
evidence of that fact.
52. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may prescribe offences for the
purposes of this Act and the penalty applicable
to each such offence.
(3) The regulations may
(a) be of general or limited application; and
(b) differ according to differences in time,
place or circumstance; and
(c) provide for any matter to be approved by
the Secretary.
(4) The regulations may provide that a person who
contravenes any provision of the regulations is
guilty of an offence and is liable on summary
conviction to a fine not exceeding 50 penalty
units.
48
Litter Act 2007
Act No. of
Part 6 Miscellaneous and Supplemental s. 53
53. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Tourism, Arts and the
Environment; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Tourism,
Arts and the Environment.
54. Consequential Amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
55. Legislation repealed
The legislation specified in Schedule 2 is
repealed.
49
Litter Act 2007
Act No. of
sch. 1
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
Section 54
Crown Lands Act 1976
1. Section 46(1) is amended as follows:
(a) by omitting from paragraph (f) "fire; or"
and substituting "fire.";
(b) by omitting paragraph (g).
50
Litter Act 2007
Act No. of
sch. 2
SCHEDULE 2 LEGISLATION REPEALED
Section 55
Litter Act 1973 (No. 13 of 1973)
Government Printer, Tasmania 51