Tasmanian Consolidated Acts

LITTER ACT 2007 - SECT 3

In this Act, unless the contrary intention appears –

"approved" means approved by the Secretary;

"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

(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 –

(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 vehicle in respect of which a luxury hire car licence is in force under the Taxi and Luxury Hire Car Industries Act 2008;

"motor vehicle" has the meaning given by the Vehicle and Traffic Act 1999;

"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 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" has the same meaning as in the Taxi and Luxury Hire Car Industries Act 2008;

"trailer" has the meaning given by the Vehicle and Traffic Act 1999;

"vehicle" means –

(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.